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magmay06

Do I need to submit I-212?

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Filed: K-1 Visa Country: Philippines
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The first time I went to the U.S. I was there for a month.On the second time spent 5months as a trainee for a business that we are to put up. On my 3rd time to go back I was questioned at POE and told that if I will not tell the truth they will bar me for 5 years or more. so I was forced to tell them that I was on training and paid.In other words they said I worked.Was asked to sign docs.Put on the next flight out and they stamped Application withdrawn, 212a(7)(A)(i)(1) on my passport.In the copy of docs that was given to me it doesn't say that I was barred.The officer told me that I need to apply again for the proper visa to enter.I am wondering if I need a I-212? Went for my interview and the consul told me that he will contact the Homeland Security about my case.

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The first time I went to the U.S. I was there for a month.On the second time spent 5months as a trainee for a business that we are to put up. On my 3rd time to go back I was questioned at POE and told that if I will not tell the truth they will bar me for 5 years or more. so I was forced to tell them that I was on training and paid.In other words they said I worked.Was asked to sign docs.Put on the next flight out and they stamped Application withdrawn, 212a(7)(A)(i)(1) on my passport.In the copy of docs that was given to me it doesn't say that I was barred.The officer told me that I need to apply again for the proper visa to enter.I am wondering if I need a I-212? Went for my interview and the consul told me that he will contact the Homeland Security about my case.

I do not believe you need a waiver, you were excluded from entry, due to the lack of a proper visa.

Under INA §212(a)(7)(B)(i), any nonimmigrant who:

  1. is not in possession of a passport valid for at least six months from the date of expiration of the initial period of the alien's admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to some other country during such period; or
  2. is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission

is excludable.

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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Filed: K-1 Visa Country: Philippines
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I do not believe you need a waiver, you were excluded from entry, due to the lack of a proper visa.

Thank you Bobby+Umit. I am afraid I will be charged with misrepresentation for violating the terms of my B1/B2 visa.I went for my K1 interview last week and the CO told me that he needs to call the Homeland Security regarding my case.Me and my fiancee consulted a lawyer who filed our I-129f about my case,looks like I was given the wrong info. She told me that my K1 application has nothing to do with my cancelled visa.

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Thank you Bobby+Umit. I am afraid I will be charged with misrepresentation for violating the terms of my B1/B2 visa.I went for my K1 interview last week and the CO told me that he needs to call the Homeland Security regarding my case.Me and my fiancee consulted a lawyer who filed our I-129f about my case,looks like I was given the wrong info. She told me that my K1 application has nothing to do with my cancelled visa.

It should not have anything to do with your case - unless you omitted it in any of the paperwork you filled out prior to going to the interview (the packet info).

Who told you will be charged with misrepresentation?

You said you were given the wrong info - what was that? from who?

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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Filed: IR-1/CR-1 Visa Country: Canada
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He means that his visa was cancelled and he was denied entry for admitting that he worked while on a visitor's visa. They were put on hold (possibly AP) because the CO is checking the details of the case. Now he is worried that they will make a Misrep charge for having done work on a visitor's visa. . .for lying about his intent when obtaining the visa. . .

One cancelled visa can have an impact on a k1 and it is a remote possibility they will charge with Misrep because of the stop/cancellation at the border.

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Filed: K-1 Visa Country: Philippines
Timeline

It should not have anything to do with your case - unless you omitted it in any of the paperwork you filled out prior to going to the interview (the packet info).

Who told you will be charged with misrepresentation?

You said you were given the wrong info - what was that? from who?

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Filed: K-1 Visa Country: Philippines
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I did not withold the cancellation of my visa on my paperwork when I filled out my K1 application. I am just stressed out right now about what the outcome would be, so I was thinking they might charge me with misrepresentation.

When our lawyer filed our K1 application, I told her about the incident and she told me that K1 has nothing to do with

what happened I just pray she is right.

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Filed: K-1 Visa Country: Philippines
Timeline

He means that his visa was cancelled and he was denied entry for admitting that he worked while on a visitor's visa. They were put on hold (possibly AP) because the CO is checking the details of the case. Now he is worried that they will make a Misrep charge for having done work on a visitor's visa. . .for lying about his intent when obtaining the visa. . .

One cancelled visa can have an impact on a k1 and it is a remote possibility they will charge with Misrep because of the stop/cancellation at the border.

You got it right emt103c. As of now it has been a week and four days after I went back to the embassy to submit the original affidavit of support of my fiance. We will just wait 'til we hear from them.

He means that his visa was cancelled and he was denied entry for admitting that he worked while on a visitor's visa. They were put on hold (possibly AP) because the CO is checking the details of the case. Now he is worried that they will make a Misrep charge for having done work on a visitor's visa. . .for lying about his intent when obtaining the visa. . .

One cancelled visa can have an impact on a k1 and it is a remote possibility they will charge with Misrep because of the stop/cancellation at the border.

You got it right emt103c. As of now it has been a week and four days after I went back to the embassy to submit the original affidavit of support of my fiance. We will just wait 'til we hear from them.

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