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Brother Hesekiel

I-212 Case. Is she barred for life?

By Brother Hesekiel in Waivers (I-601 and I-212) and Administrative Processes (221g)

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Brother Hesekiel Mentor

Brother Hesekiel   2,235

Posted
Filed: Other Timeline
Posted

The story.

U.S. citizen files I-130 for her mom from Singapore. The petition goes to the NVC stage and since he doesn't meet the requirements of the Affidavit of Support, it stalls.

A month later she and mom travel to the U.S. together. Mom as part of the VWP. She's refused entry, receives the two entries in her passport, and sent back home on the next plane. The interview notice says that she lacks the documentation proving that she's not an intending immigrant and that she can use the VWP again once she has proper documentation.

I looked up both entries, but I'm not sure if the mom is barred for life based on fraud or if she can return. Somehow I believe the first entry is a killer, whereas the second one is just the lack of documentation.

What do you think?

Here's the first one: 212 (a)(6)©(i)

Here's the second one: 212 (a)(7)(A)(i)(I)

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There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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momof1 Community Regular

momof1   205

Posted
Filed: Citizen (apr) Country: Algeria
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Posted

212a6ci is a lifetime immediately waiveable ban. You're right in that the second "charge" is for lack of proper documents. The biggest problem now is that the mom has no qualifying relative for purposes of a waiver as only a spouse or parent can be a qualifying relative. Unless she has a USC/LPR spouse or parent, she's out of luck.

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Leatherneck Grand Master

Leatherneck   693

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Filed: Country: Philippines
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Posted (edited)

This is not good, since the lady is inadmiseable under 212 (a)(6)©(i) and not not eligible for a I-601 waiver, it might as well be a ban.

The second one is not as serious.

Edited by Leatherneck

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

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Bobby+Umit Mentor

Bobby+Umit   161

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Filed: Lift. Cond. (apr) Country: Turkey
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Posted

Real question is, did this person commit fraud or willfully misrepresenting a material fact when they tried to enter the US?

They wouldn't of used that first one because she didn't have a visa. Especially since she was using the WVP.

Question I would ask - how did she answer the ESTA?

F) Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled? *

As with anything - she can fight this determination and get in - but it will take a lawyer.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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