Inadmissible because of unathorized employment

[utw 0]

Hello VJers,

A person is trying to enter the US on valid B1 visa is detained at the border, questioned/interrogated, admits past unauthorized employment (that happened during the term of the current visa), then found inadmissible under the INA section 212(a)(7)(A)(i)(I), deported according to Section 235(b)(1) and barred for 5 years.

Isn't section 212(a)(7)(A) applies to immigrants and B1 is a non-immigrant visa?

Can this decision be questioned and the ban lifted?

Can she be admitted by K-1 visa if I (a citizen) will file a petition for her?

Thank you in advance!

Edited April 10, 2012 by utw

[NigeriaorBust 4,087]

Your girlfriend has a bar and not allowed back until she waits out the bar. If you file a K1 it will be denied because of the bar and you can present a waiver trying to show how not having your fiance here is a hardship to you ( note that fiance hardship waivers are normally denied )

[Gary and Alla 3,694]

Your girlfriend has a bar and not allowed back until she waits out the bar. If you file a K1 it will be denied because of the bar and you can present a waiver trying to show how not having your fiance here is a hardship to you ( note that fiance hardship waivers are normally denied )

Correct. He/she must first go through the K-1 process where he/she will be denied at the consulate level and THEN file a waiver and wait for a decision on that. There is nothing to "waive" until he/she is denied.