My headache

[Canuck24 0]

Hi all, as you can see I am new here and this is my story, any help or adviced with my complications would be greatly appreciated.

I am a Canadian citzen, have been all my life. I got a record in 1998 and crossed the border into the US numerous times without any troubles (even was asked at the border a few times about my record, always told the truth and they let me in) until January 2003 when I was turned away and told I needed a wavier to enter the US again. I didn't think anything of it and contiuned to cross without any troubles until June 2005 when I was sent back again and ordered to appear in court in March 2006 where a judge can deport me back to Canada (of course I didn't stay in the US from June 2005 to March 2006 and I did show up to the court hearing) nothing big the judge didn't even really know why I was there and was confused, basically in the end she said well I guess I offically deport you and I drove back to Canada without any complications and haven't been back since. After all this I decided to get a pardon and apply for a I-192 waiver. After finally getting all the paper work in order I filed my wavier at the Pearson International airport in Toronto in March 2008 with $545 I might add (on a side note I did recieve my pardon in December of 2008). After a few requests for status updates including a notification of an address change (none to which anyone responded). A letter was sent to my old address (lucky I know who lives there now) and the letter stating that since I was deported from the US in March 2006 I needed to submit an I-212 form along with my I-192 form and of course the cost for filing this is again $545. I got everything I needed and headed back to the airport to file again, when I got there they said that my fingerprints where too old and I would have to get them redone in order to file correctly. So I went and got my finger prints redone and tried to go back to the airport a couple of times and wasn't seen because they were already booked up for the day (really busy now a days). So in December decided to camp out at the airport for the night and was at the door at 2am to ensure I got a spot in line and was able to file my I-212 application (also note that I filed this with them taking down my new address). In March 2010 I emailed again asking for status update and notifying them once again that I moved (third place since original application) and once agian no response. And once again I just tried to email a week ago about my status and at the bottom of the email I wrote in my name and address and I did get a response, but nothing about my status, just "Our records indicate a different address on file, please let us know when you moved and when/how you notified us of your change in address". So I responded saying that I notified by email in March 2010 and asked again about my status". Still no response again. And today I got a call from the people at my address from 2008 when I originally filed and they had a letter from the US border, so I went and got it and it reads as follows:

It is ordered that your Form I-212 Application for Permission to Reapply For Admission Into the United States After Deportation or Removal, submitted to US Customs Broder Protection (CBP) on or about March 2008, be denied. A request for additional evidence was sent to your address of record on or about March 2009. You were allowed 87 days to respond.

Title 8, Code of Federal Regulations (CFR), Part 103.2(b)(13) states, in pertinent part:

"Ifall requested additional evidence is not submitted by the required date, the application shall be considered abandoned and, accordingly, shall be denied."

You have not responded with the requested additional evidence, as required. Therefore, your application is considered abandoned and must be, and hereby is, denied.

There is no appeal from this decision. Howerver, you may file a motion to reopen under prvisions of 8 CFR 103.5 on Form I-290B, Notice of Appeal to the Administrative Appeals Office.

Please note the above referenced motion must be filed wih US Customs and Border Protection Admissibility Review Office within 30 days of the date of this decision. The fee for the Motion to reopen is $585.

This of course is quite the surprise, because the letter that I recieved in March 2009 asking for the I-212 form didn't state any time length what so ever, plus I didn't file an I-212 form in March of 2008, I filed a I-192 form, so I am not sure what my next move is, I only have 30 days to file a motion to reopen, but it will cost me another $585 with no gaurantees. If I don't file a motion to reopen, do I and can I start over agian without any repercussions. Also with regards to the I-212 form, in the original letter saying that I had to submit a I-212 form was because my official deportation was within 5 years, if I wait until March 2011 that would be beyond the 5 years, would I still need to submit a I-212 form? Or do I need to submit one and then be good for life? Any information or advice from maybe someone that has gone through the same sort of thing. Really getting frustrated with the entire situation.

Thanks,

JV...