Expedited Removal Order VacatedPublished: Aug 27, 2008 By: Robert D. Kolken Source: My Source
Our Canadian citizen client applied for Trade NAFTA status as a Management Consultant at the border in Washington State. Not only was the TN denied, but an Expedited Removal Order was issued, which barred her from admission to the United States for five years. At this point she hired us.
We intervened with U. S. Customs and Border Protection on her behalf and convinced them that her application was approvable when filed and that she should have been afforded an opportunity to withdraw her application for admission under their policy, in any event.
USCBP Seattle vacated the Expedited Removal Order, but determined that she was inadmissible as a result of unlawful presence. We disagreed with that determination, and presented the client for admission at the Peace Bridge here in Buffalo as a visitor for business, which is appropriate for her present needs, after presenting the supervisory inspectors with a complete legal package setting forth the case history and our interpretation of the law. The client was admitted to the United States as a result.