212 (a) (7) (A) (i) (I)

[catou1 0]

hello everyone, i am currently applying for a k-1 visa and haven't received packet 3 yet.

I am worried because last year, in April, i was refused the entry to the United States (on VWP), the immigration officers thought i was going to work illegally, it wasn't true. They also thought i was working illegally when i was a student in the US, it wasn't true. Then, they wrote all kind of things on my passeport, and among them was this: 212 (a) (7) (A) (1) (I)

Does anyone know what this means?

They didn't tell me i was banned from coming to the US. Does this mean i'm actually not banned and I don't need a waiver?

Thank you so much for your help,

Catou

Edited October 15, 2006 by catou1

[Baileyj96 0]

I googled the section your wrote. Try looking here

http://www.uscis.gov/lpBin/lpext.dll/inser...ument-frame.htm

scroll down to # 7 and you can read what it says.

Good luck to you,

Baileyj

[catou1 0]

this is so confusing to me...

what do i need to do? Do i need a waiver? If yes, what does this consists of? Where do i need to send it? How long does it take? Now i'm really scared, tears are falling...

Thank you,

Catou

Edited October 15, 2006 by catou1

[Baileyj96 0]

I'm sorry I can't answer your questions. I'm not familiar with I-212 but if you go to Immigrate2us.net there are several people there who might be able to answer your questions. Go to the forum section and there is an area for I-601 and I-212 I'm sure there are several more people there who could answer your questions better than i ever could.

Please don't panic. Take a deep breath and read as much as you can. People will help you along the way but don't panic. It might take some time to learn what you need to do. Every consulate is somewhat different on how they do things so it helps if you can find someone who has the experience from where you will be filing at.

I will tell you that If you do need to file a waiver. The United States Citizen will have to write a hardship letter telling why it is impossible for them to move to the other country. (several hardship letters posted at the other site) You will be told the day of your interview if you are ineligible for the visa and that you will need to file the waiver. Some consulates allow you to file that day and some don't. If they allow you to file that day you would turn in the waiver and pay the fees. I really don't know the timeline for your country but it usually does take several months.

Please try a post on the other site. I'm sure you would get much more help there.

Hang in there.

Baileyj

[catou1 0]

Please, let me know if i understand this correctly.

This is what it says in the 1st part of the instructions to fill in

" "I-212, Application for permission to reapply for admission into the United States after deportation or removal":

I- Persons permitted to reapply for Admission without filling this application.

A- Persons who were excluded from Admission and removed or deported more than one year ago

B-Persons who voluntarily departed from the United States without the expense to the US Governement and without an order of removal or deportation having been entered.

C-Persons who have been outside the US for 5 successive years following their last removal or deportation."

The immigration officers at the airport refused me admission to the Us in April 2005. It's been more than one year. Do i understand that i do no need a waiver?

Thank you for clearing this up for me,

Catou

[meauxna 15]

Immigrate2us.net & go to the I-212 forum to find your answer, just as Baileyj96 recommends.

[catou1 0]

I did, i posted a new topic, but no reply yet. I was hoping maybe someone could help me on this forum too.

Catou

[lucyrich 20]

OK, let's decode this

212 (a) (7) (A) (1) (I)

You can go to INA 212 at the USCIS web site to start.

212 (a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:

(7) Documentation requirements.-

(A) Immigrants.-

(i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-

(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a),

In other words, they classified you as an Immigrant (because you didn't prove that you were not intending to immigrate), and they found that you weren't in posession of a valid unexpired immigrant visa.

This grounds for refusal of entry won't apply when you have a visa that permits immigration, either a K visa or an IR-1/CR-1 visa. If this is your only problem, it will be cured by getting the right visa, and no waiver will be required.

[catou1 0]

Thank you so much, I really feel relieved now

Catou

[emt103c 10]

This does require a 212 if it was an "Expedited Removal" if you were actually removed, and an "A-number" created. This incurs 212(a)(9)(A)(i) as a previously removed person.

My husband has this, so I've done a lot of research. On immigrate2us.net there is a very helpful article on I-212's that says if you were denied entry as a VWP and not technically deported, which could be you depending on your specifics since you said you applied as VWP, that the 212 does not have to be filed. It all depends on what was filed about you, you should have been given copies of everything.

As for the "after 1 year" don't file this instruction on the form....this caused me not to file it as well, and then I was advised by an attorney that that instruction is "rubbish"...a very disappointing realization. My interview is in February, I guess I get to find out for sure. Let me know if you want to share research information.