Does my son need a waiver

[Bunty]

my son was given a five year ban at the US boarder for having a fraudulant stamp on his passport. The truth is that he did not try to use fraudlant documents to enter US. He was entering as a Canadian resident. when he was aksed for his ID he provided his passport and the officers so the stamp and ban him for five years. He has completed his five year ban. Can he enter US now? Does he need to get a waiver? I can't seems to depend on Lawyers, because every one says different things.
Please give me advice on how to get my son back home.

[gaby]

Hello there, my advice is to ask this question to Laurel on the Chat, is wednesday at 11 am central time.
What I know is that is ok for fathers to file a waiver for sons, but I am not sure under what circumstances.

[Laura]

I agree with Gaby - if you can, ask in the chat about the situation. It starts in 1 hours and 20 minutes at visacentral.net.

Did he have unlawful presence in the U.S.?

When you say you want him to come "home," what exactly do you mean? Was he living in the U.S. with some sort of non-immigrant visa? If you can provide more information we might be able to help you.

[emt103c]

There are two issues here, the "fraudulent documents" you mention here, and the Expedited Removal. If he still has a copy of the removal document, he needs to look at the boxes checked at the top. There are codes at the top of the form that let you know what he's been charged with. See here:

http://immigrate2us.net/forum/showpost.php?p=94797&postcount=9

If they have marked only the box with the 212a 7 then it is only the removal ban, if they marked the box for 212a 6, then he has also been charged with Misrepresentation. If this is true, then he has an additional ban in addition to the bar for Expedited Removal and would need a waiver.

There are many recommendations on what one must do after an ER to cross the border in a VWP country or Canada. I have read that the safest thing to do for a Canadian citizen after an Expedited Removal is to apply for a visa like other countries have to because if you attempt to cross and the guards see the old ER they will subject you to more inspection and CAN just deny you entry and do another ER which will carry a longer ban. If you already have a visa, then you have proven once your ties to your home country, but still need to bring proof with you at the border. I cannot remember exactly where I read this, but it was repeated multiple times in my previous research.

Best advice is to contact the embassy, as frustrating as that may be, and ask them in writing, for a response, in writing to this question. Also, ask in the chat.