I212 or I601 for 10 year ban

[sdhiman 0]

Hello

I am posting this on behalf of my neighbour. He is a Canadian citizen now but was in US illegally from 1994 to 2004. He entered Canada after getting married to a Canadian citizen and had no issues at the POE except that the day being a holiday, Labour Day, border officers were not able to import his vehicles and asked him to come back on a later date. He went back in October 2004 on the border and he was questioned and given a 10 year ban for trying to enter US. English is not his or his wife's first language so I think he was not able to explain to the officers why he was there. His brother (US citizen) is terminally sick with brain cancer and as per the doctors will not survive more than 4-6 months. My neighbour wants to go vist his brother but he is not sure what needs to be done. What waiver does he need to apply for? I-212 or I-601?

The lawyer he spoke to said that he should fill up the application and take it to Pearson Airport (Toronto) along with the fee, Dr's note and fingerprints and they might give him permission to go. He went to the airport yesterday to check but the office is only open on Saturdays and they only accept I-192 applications.

Does anyone have any information that I can pass along to him? Thanks so much for your help

sdhiman

[aossis 0]

If he is a Canadian trying to enter the U.S. for a temporary visit with a 10-year bar imposed against him, then I-212 nor I-601 is neither required. These 2 applications are primarily used for immigrant visa (i.e., CR-1) waivers.

I-192 is the correct form to use. It's not just a form, there are other documentations involved. Check here: http://www.cbp.gov/xp/cgov/travel/id_visa/...ss_can_info.xml

He should check with the attorney he talked to if he has any doubts to what I posted because I am not a lawyer.

[sdhiman 0]

If he is a Canadian trying to enter the U.S. for a temporary visit with a 10-year bar imposed against him, then I-212 nor I-601 is neither required. These 2 applications are primarily used for immigrant visa (i.e., CR-1) waivers.

I-192 is the correct form to use. It's not just a form, there are other documentations involved. Check here: http://www.cbp.gov/xp/cgov/travel/id_visa/...ss_can_info.xml

He should check with the attorney he talked to if he has any doubts to what I posted because I am not a lawyer.

Thank You very much for the reply