The Immigration and Refugee Board issued a deportation order in May for Jaskirat Singh Sidhu and his permanent resident status was revoked.
Sidhu is from India and arrived in Canada in 2014.
In 2018, while living in Calgary, the rookie truck driver barrelled through a stop sign and into the path of the junior hockey team's bus at a rural intersection near Tisdale, Sask.
Sixteen people on the bus were killed and 13 were injured.
Sidhu pleaded guilty to dangerous driving offences and was sentenced to eight years in prison. He was granted full parole last year.
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Lawyer Michael Greene says his client has applied to regain permanent resident status on humanitarian grounds.
"The test is what would a reasonable person want to relieve the misfortunes of this individual," Greene said.
"Now, it's against the horrific nature of the consequences of his mistake. He pretty much has everything else going for him in terms of humanitarian grounds."
Greene said he likely won't to hear anything about the application for several months, and the application will likely take up to two years to process.
"They look at how well he's established in Canada, what kind of family ties and community ties. They look at the best interests of the child," Greene said.
Sidhu and his wife have one-year-old with severe heart and lung complications.
"In this case, it really makes a difference. It would be very difficult for that child to live in India with his health conditions. So the best interests of the child is a big issue for him."
Several family members of those killed in the crash have said they want Sidhu deported. Others have called for him to be allowed to stay.
The Reconciliation Action Group in Calgary has extended its support to Sidhu.
"The Reconciliation Action Group stands against his deportation that is based on racial biases. Mr. Sidhu has a Canadian wife and Canadian-born child with health issues and his deportation will harm them," the organization said in a statement.
Calgary MP George Chahal is also asking federal politicians to block the deportation, saying Sidhu has served his time for the tragic accident.
Former federal Conservative leader Erin O'Toole tweeted in December that Sidhu's deportation will not heal those hurt by the crash.
"I have long believed that he deserved to be granted (permanent residency) on compassionate grounds and I say that respectful of the families who will forever grieve," O'Toole said.
