form I130 question 16

[markmar 0]

I am filling form I-130 to bring my wife to the USA.

About 4 years ago, my wife visited the US on a tourist visa. While still legally in the US, she traveled to S. America for two weeks. When she tried to come back to the US, while the tourist visa was still valid, she was denied entry at the airport and her passport was stamped with 212(a)(7)(A)(i) (for lack of proper documentation? Had one way ticket I believe was the reason given). She never went in front of a judge. she got on the next available flight to her home country and never tried to go back to the USA since.

So, do I need to mark YES on question 16?

[caly 48]

Your wife was simply denied entry. I believe you would check "no" in this case. But you should write "see attachment" and attach an explanation of what exactly happened.

Hope someone who's faced a similar dilemma will come along shortly.

Good luck!

Edited to add: On the DS-230 there's a question that asks specifically if the applicant has ever been refused entry to the US at POE. She would have to answer "yes" there.

Edited January 16, 2013 by caly

[bsd058 296]

I am filling form I-130 to bring my wife to the USA.

About 4 years ago, my wife visited the US on a tourist visa. While still legally in the US, she traveled to S. America for two weeks. When she tried to come back to the US, while the tourist visa was still valid, she was denied entry at the airport and her passport was stamped with 212(a)(7)(A)(i) (for lack of proper documentation? Had one way ticket I believe was the reason given). She never went in front of a judge. she got on the next available flight to her home country and never tried to go back to the USA since.

So, do I need to mark YES on question 16?

Sounds like she was denied entry and her visa was rescinded/cancelled by CBP. She might fall under rescission, therefore. I would talk to a lawyer about this. Though someone else on here might know.

[JimVaPhuong 4,863]

I am filling form I-130 to bring my wife to the USA.

About 4 years ago, my wife visited the US on a tourist visa. While still legally in the US, she traveled to S. America for two weeks. When she tried to come back to the US, while the tourist visa was still valid, she was denied entry at the airport and her passport was stamped with 212(a)(7)(A)(i) (for lack of proper documentation? Had one way ticket I believe was the reason given). She never went in front of a judge. she got on the next available flight to her home country and never tried to go back to the USA since.

So, do I need to mark YES on question 16?

Section 212(a)(7)(A)(i) is for immigrants who don't have sufficient documentation to prove their immigrant status. They don't usually use that as a grounds for denying entry unless they suspect the alien is intending to become an immigrant while in the US. This is often accompanied by a 212(a)(6)(C) stamp, which would mean an automatic ban for misrepresentation. Even when there is no 212(a)(6)(C) stamp, the alien is often handed an I-212 waiver application at their next visa interview.

Did the CBP officer mention anything about "expedited removal"?

[caly 48]

Oh, sorry, i mistook the 212(a)(7)(A)(i) for a 212(a)(7)(B)(i) which I believe means denied entry because either the person didn't have a valid passport or the right non-immigrant visa for the purpose of the visit?

Derp.

[markmar 0]

Section 212(a)(7)(A)(i) is for immigrants who don't have sufficient documentation to prove their immigrant status. They don't usually use that as a grounds for denying entry unless they suspect the alien is intending to become an immigrant while in the US. This is often accompanied by a 212(a)(6)(C) stamp, which would mean an automatic ban for misrepresentation. Even when there is no 212(a)(6)(C) stamp, the alien is often handed an I-212 waiver application at their next visa interview.

Did the CBP officer mention anything about "expedited removal"?

Thanks for the replies.

Not sure what you mean by "expedited removal", but she did spend the night at "airport jail" and was put on a plane back home the next day.

[markmar 0]

Your wife was simply denied entry. I believe you would check "no" in this case. But you should write "see attachment" and attach an explanation of what exactly happened.

Hope someone who's faced a similar dilemma will come along shortly.

Good luck!

Edited to add: On the DS-230 there's a question that asks specifically if the applicant has ever been refused entry to the US at POE. She would have to answer "yes" there.

Thsnks,

What is this DS-230 form and when do i need to fill it?

[caly 48]

The DS-230 is the actual immigrant visa application. You will have to submit it after your I-130 petition is approved.

I honestly don't know enough about the mechanics behind the denial to help you with your original question. I hope JimVaPhuong comes back to answer all your questions as he's probably one of the most knowledgeable people on the forums when it comes to technical immigration law.

Best of luck to you and your spouse!

[caly 48]

Hello,

First i'd like to thank you for having this site, i have found this site very informative and members helpful.

I am a USC who arrived at POE in MSP yesterday with my GF who has a B2 10yr multiple entry visa. My GF has prior visits in the US starting at 2003 for 1 to 2 months at a time with 3-4 years gap between travels with her son. We have been dating since 2006 and she never had any problems getting in and out of the US until yesterday. Our purpose of her travelling here to the US is to obtain a divorce in Nevada because there is no such thing in our country (Philippines) only annulment which takes eons to process (her case is still pending since 2006). So we got advise from a immigration lawyer to try and get a divorce in Nevada instead since it is a lot faster so we can go ahead and apply for K fiancee visa after the divorce. I told my GF to just say we are travelling as friends. As we get to the gate immigration officers took her in for secondary questioning and deemed her inadmissible. They kept asking us if she had any intentions of staying here in the US which we denied since she has an annulment case pending. We did deny at first that we we're a couple (a grave error in our part) but came clean at the end. This is what the letter said "You have been found inadmissible to the US pusuant to section 212(a)(7)(a)(i)(I) of the INA and have been allowed to withdraw your application for admission in lieu of formal removal proceedings." and they made her sign this "I understand that my admissability is questioned for the above reasons, which I have read or which have been read to me in the English language. I request that I be permitted to withdraw my application for admission and return abroad.I understand that may voluntary withdrawal of my application for admission is in lieu of a formal determination concerning my admissibility:

by an immigration officer (checked)

in removal proceedings before an immigration judge (unchecked)"

She was then returned back to the Philippines and her Visa cancelled with 212(a)(7)(a)(i)(I) stamp. They did not even let me say goodbye to her

I did manage to speak to a supervisor and i asked if she could re apply for another visa and he said yes and he did mention that this is a common situation. He also advise to be honest and forthcoming next time around. I did forget to ask him if she was eligible to re apply for another B2 visa since it is the fastest. Will this incident affect her for re applying for another B2 visa? Do we need some kind of waiver to lift this inadmissible status? Also will this affect her status down the road when we apply for a K fiancee visa? and if she does get another visa, will we have a similar problem at POE? I just wanted her and her son to come visit the US regularly like before while we wait for status of annulment or at least start a divorce process in Nevada.

Please help and thank you in advance.

Thread here: http://www.visajourney.com/forums/topic/409650-inadmissible-status-212a7aii/page__pid__5925158#entry5925158

Seems like yours could be a similar-ish situation. The OP linked above was told by a CBP supervisor that this is actually pretty common. People are saying that it doesn't affect filing for a K-1 visa.. maybe you can head over there and ask about your specific situation? Might get you some answers (if you're still looking).

Hope this helps.