212 (a) (7) (A) (i) (l) and 212 (a) (9) (B)(i) (l)

[mrspimpinha 0]

Hello everyone!

Could you guys help me with this one?

I was in USA with a turist visa and I overstayed longer than 180 days. I tried to go back there with another passaport ( i have double citizenship) and I got my entrance refused and I was sent back home.

I have a stamp with these charges 212 (a) (7) (A) (i) ( l ) and 212 (a) (9) ( B)(i) (l ) on my passaport and I would like to know what that means.

Does anyone know??

Was I deported??? Am I banned? What really happened?

( I really thought that I could go back with the another passaport... If I knew It would happened I would have left before the 180 days...

Edited February 19, 2009 by mrspimpinha

[Chica Yeyé 41]

Read this: http://www.americanlaw.com/exclude8.html

google is your friend.

[canadian_wife 1,822]

An alien who remains in the United States beyond the period of stay authorized by the Attorney General is unlawfully present and becomes subject to the 3 or 10 year bars to admission under section 212(a)(9)( B )(i)(I)

Sorry, yes, it looks like you are banned based on the quick google search I did. If you were more than 180 days but less than 365, perhaps it's only 3 years. Remember, YOU overstayed...not your passport. So any attempt to re-enter on another passport was careless.

Edited February 19, 2009 by canadian_wife

[Chica Yeyé 41]

An alien who remains in the United States beyond the period of stay authorized by the Attorney General is unlawfully present and becomes subject to the 3 or 10 year bars to admission under section 212(a)(9)(B)(i)(I)

Sorry, yes, it looks like you are banned based on the quick google search I did. If you were more than 180 days but less than 365, perhaps it's only 3 years. Remember, YOU overstayed...not your passport. So any attempt to re-enter on another passport was careless.

Not only careless, but trying to outsmart the immigration officials is, well, not very honest.

also read: http://bogota.usembassy.gov/scs22a9b.html

[mrspimpinha 0]

I didnt know that I couldnt get back with another passaport. My sister had a turist visa denied with the brazilian passaport and had no problems getting back with the italian one. I thought It would be the same for me.

I had an interview with someone at the immigration and she asked me so many questions.

She asked me if I was just trying to sneak in with another passaport and I was clear that I just didnt know. I got the information in Italy that I could get back with no problems. ( at the italian consulor, not the american one)

I have been "googling" it and I cant find the answers that I need. I wanted to fill up the 212 and send to the american consulor in brazil and it says: "where have you been deported?" "when did you leave?'" and first time I left bc I wanted to live, I was planning on going to Italy and the second time my entrance was denied so I was sent back.

Is it a deportation???

[mrspimpinha 0]

thanks Len! The link you sent me was really helpfull!

[Chica Yeyé 41]

thanks Len! The link you sent me was really helpfull!

[canadian_wife 1,822]

Tourist visa denials and overstays are very different in the eyes of immigration.

So what is your exact question? What happened the first time you left, were you ever put into removal proceedings? Did you ever receive a letter in the mail saying you had to leave? What do you mean you are trying to fill up the 212? That is an application for readmittance after removal or deportation. Neither of these happened to you. Are you sure you need this form?

I didnt know that I couldnt get back with another passaport. My sister had a turist visa denied with the brazilian passaport and had no problems getting back with the italian one. I thought It would be the same for me.

I had an interview with someone at the immigration and she asked me so many questions.

She asked me if I was just trying to sneak in with another passaport and I was clear that I just didnt know. I got the information in Italy that I could get back with no problems. ( at the italian consulor, not the american one)

I have been "googling" it and I cant find the answers that I need. I wanted to fill up the 212 and send to the american consulor in brazil and it says: "where have you been deported?" "when did you leave?'" and first time I left bc I wanted to live, I was planning on going to Italy and the second time my entrance was denied so I was sent back.

Is it a deportation???

[mrspimpinha 0]

Canadian_wife,

This is what I would like to know. I dont know what is my situation, and what is the best thing to do.

I need to know if I need this form or not. I was in a tourist visa and it was good untill september. I left in May ( over 180 days). I left bc I wanted to leave, I didnt have any problems with the immigration when I was leaving or anything.

I had the tourist visa in my brazilian passport.

I lived in Italy for 4 months - I am italian also - and I tried to get back to Usa with the italian passaport. At the airport, everything was ok, they gave me a 90 days visa and I was about to get in to get my suitcase and the guy from the immigration asked me to wait a little bit bc I had problems with my finger print.

Then, I went to an interview and I was told I needed to leave bc I overstayed with the brazilian passport and I wasnt eligible for the waiver program, so I needed to come to an american consulor in brazil or italy and get a new visa for the italian passaport.

They stamped my passaport with ENTRANCE REFUSED, date XXXXXXX, charges: 212 (a) (7) (A ) ( i) ( l) and 212 (a) (9) (B )(i ) (l ).

Then I called to the american consulate in brazil and they told me that I couldnt get a new visa bc I was overstayed and I was banned for 3 years.

I kept calling and emailing them and they told me that there was a form that I should pay a fee and try to reaply for another visa. I googled it and I found the form 212.

My fiancee wants to apply for the k1 visa, but I wanted to be able to visit him, and try to get a turist visa and visit him in april ( his anniversary and our 3rd year anniversary.)

Its a lot easier for me to visit him bc I have a flexible job and he is working sooo much and so stressed out with the economy and we didnt want to be away for 1 year or longer.

( i heard when we overstay it would take longer than 1 year to get the visa)

Thanks for all your help!

Edited February 21, 2009 by mrspimpinha

[emt103c 10]

Did the form you were given when told to leave say that it was an expedited removal or were you allowed to withdraw your petition?

If you were allowed to withdraw your petition you would not need the I-212. However, if you apply for the k1 visa you are eligible for the I-601 hardship waiver or you can wait out the 3 year ban.

If you were given an expedited removal, you will need the I-212 in addition to the I-601. With immigrant intent, along with the overstay, you will probably not be granted a waiver to simply visit.

Edited February 21, 2009 by emt103c

[mrspimpinha 0]

"Did the form you were given when told to leave say that it was an expedited removal or were you allowed to withdraw your petition?"

I dont remember. I was crying a lot, she asked me a lot of questions ( why i overstayed - i said i was bc of my boyfriend. I didnt want to leave him, bc I love him so much, she asked me where did I live and who were paying for my expenses and I said I was living with my boyfriend and my dad was sending me money from brazil, she kind of looked at me like a 'daddy girl" - spoiled, she asked me so many questions and I said I would buy a ticket and leave, then. She said they would put me in a flight just bc the airport was crazy and I needed to leave as soon as possible. She got me food and she sent me to the first flight to Italy.)

She was nice to me and said I could get back. She said I just needed to get a tourist visa in Brazil to get back with the italian passaport - which I thought that it was weird. I overstayed with the brazilian one, not with the italian one, however i have the overstaying stamp in my italian one.

Its so many information and I dont know the best thing to do and where should I find answers for my questions. How can I know for sure what is my real sittuation.

Thanks emt1 and everyone else!

[canadian_wife 1,822]

Ok, it sounds like you weren't deported or had an expidited removal. It sounds like your inadmisable.

I think you need to apply for a tourist visa now, since you are no longer able to use the VWP. When you apply for the tourist visa, your overstays and the fact you have a boyfriend will be a problem and I agree with emt1, you are unlikely to get a tourist visa to visit since you've overstayed and tried to get back in. Plus, you told the officer about your boyfriend and you now appear to have immigrant intent.

Have your boyfriend file the K-1 visa. This will be denied because of your ban and you will file the I-601 waiver. Your boyfriend will have to show extreme hardship will befall him if you do not come to the US.

But yes, it looks like you are in for a long wait.

If you want to know what your REAL situation is, you perhaps should call the US consulate in Brazil or hire an immigration lawyer.

Good luck

[emt103c 10]

I'm sorry to say she is still inadmissible until the 3 year ban is up. The only difference is that she won't need a waiver for deportation (assuming that she did not get the expedited removal.)

If you apply for the k1 you will need an I-601 hardship waiver, unless you wait until the three years is up. . .the three years starts from the last date you were in the U.S. not the date that you were denied entry.

If you were given an expedited removal, that would be a 5 year ban from the date that you were denied entry. Please check any paperwork you were given on that date to see. . .if you do not still have the paperwork you can do an FOIA with the specific POE where you were denied. http://www.cbp.gov/xp/cgov/admin/fl/foia/

If you try for a tourist visa you would have to do a d3 waiver, and since you have (on record) that you have ties (boyfriend/fiancee) in the U.S. that will be fairly difficult to get.

[canadian_wife 1,822]

Thanks for correcting me emt! I thought she would just apply for another tourist visa because she is no longer eligible for the VWP...for either country.

Anyway, when did you last leave the US mrspimpinha?

[mrspimpinha 0]

I left in May/08 and I tried to get back in Jully/08

So, the best thing to do is just apply for the k1 visa, as soon as possible, and wait the whole process, right? It might take 1 year, maybe longer than that.... or should we get married next time he comes ( in 20 days!!) and apply for the k3 visa??

Thanks one more time for your help.

"If you were given an expedited removal, that would be a 5 year ban from the date that you were denied entry. Please check any paperwork you were given on that date to see. . .if you do not still have the paperwork you can do an FOIA with the specific POE where you were denied. http://www.cbp.gov/xp/cgov/admin/fl/foia/"

I tried to read all those information but I didnt understand much. I will ask my boyfriend to help me out with that.

Thanks