CR-1 after refused entry... Is filing I-121 necessary?

[ocean72950 0]

Hello. I am posting my first question on VJ today.

I am married to USC. After marriage, I left US for 3 weeks to visit my family and friends, then when I tried to go back to US, I was refused to enter.

(Lack of knowledge, I wish I knew and read VJ back then!)

I was told to come back with immigrant visa, so we started the process for CR-1.

My passport got a stamp and it says : REFUSED IN ACCORDANCE WITH INA SEC 217

　

Below it says : 212(a)(7)(A)(i)(I)

Now I am worried if refusal at entry would have any impact on petitioned CR-1.

I was reading some article and it says I also need to file a waiver (I-121).

"An alien who is inadmissible under section 212(a)(9)(A) or © of the Immigration and Nationality Act (INA) files Form I-212 to obtain "consent to reapply for admission" that is required before the alien can lawfully return to the United States. "Consent to reapply" is also called "permission to reapply."

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

If anyone has gone through same kind of situation, will you give us some advice?

We are wondering if we need to file I-121.

(I have never overstayed, or never have been involved in anything to do with police, not even a minor thing.

Also, I was not told from CBP officer that I was banned from entering US.)

Thank you so much in advance.

[Jawaree 717]

Don't have a definite answer but if they stamp that U needn a waiver I 212 U need one

U were refused entry & can only get in upon getting approval for spousal visa

[Hypnos 6,576]

I believe you will not need to file an I-212 waiver due to that ban only applying if you sought to be admitted to the US after being deported prior to any ban expiring.

It's really something you should double-check with an experienced immigration attorney though.

[ocean72950 0]

Thank you so much for your quick replies, Jawaree and Hypnos!

I will contact immigration attoney and ask the same question.

I am worried because I heard to complete to file I-121 sometimes takes up to one year.

And I guess we can not start filing unless we are told to do so after interview at embassy...

Never thought international marriage faces so many problems!

[TBoneTX 45,303]

*** Thread moved from Introducing Our Members forum to the CR-1 Process forum. ***

[Ketsuban 1,034]

My passport got a stamp and it says : REFUSED IN ACCORDANCE WITH INA SEC 217

　

Below it says : 212(a)(7)(A)(i)(I)

"An alien who is inadmissible under section 212(a)(9)(A) or © of the Immigration and Nationality Act (INA) files Form I-212 to obtain "consent to reapply for admission" that is required before the alien can lawfully return to the United States. "Consent to reapply" is also called "permission to reapply."

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

I'm not a legal expert, but those appear to be two completely different sections/sub-sections of the law. You got 212(a)(7)(A)(i)(I) and what you found refers to 212(a)(9)(A) or ©.

As far as I've ever heard, being denied entry shouldn't affect a CR-1 application. Especially with 212(a)(7)(A)(i)(I) which means you were denied because they suspected you had immigrant intent. They are literally telling you to go back home and apply for an immigrant visa before they'll let you in, which is what the CR-1 is.

Double check with an actual lawyer, but in my layman's opinion, you got nothing to worry about.

[Paps IR5 6]

Hello. I am posting my first question on VJ today.

I am married to USC. After marriage, I left US for 3 weeks to visit my family and friends, then when I tried to go back to US, I was refused to enter.

(Lack of knowledge, I wish I knew and read VJ back then!)

I was told to come back with immigrant visa, so we started the process for CR-1.

My passport got a stamp and it says : REFUSED IN ACCORDANCE WITH INA SEC 217

　

Below it says : 212(a)(7)(A)(i)(I)

Now I am worried if refusal at entry would have any impact on petitioned CR-1.

I was reading some article and it says I also need to file a waiver (I-121).

"An alien who is inadmissible under section 212(a)(9)(A) or © of the Immigration and Nationality Act (INA) files Form I-212 to obtain "consent to reapply for admission" that is required before the alien can lawfully return to the United States. "Consent to reapply" is also called "permission to reapply."

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

If anyone has gone through same kind of situation, will you give us some advice?

We are wondering if we need to file I-121.

(I have never overstayed, or never have been involved in anything to do with police, not even a minor thing.

Also, I was not told from CBP officer that I was banned from entering US.)

Thank you so much in advance.

Why did you leave right away without applying for advance parole?

[jan22 3,056]

Why did you leave right away without applying for advance parole?

She had no standing to apply for Advanced Parole. She had entered as a visitor and they had not applies to adjust status.

[ocean72950 0]

I'm not a legal expert, but those appear to be two completely different sections/sub-sections of the law. You got 212(a)(7)(A)(i)(I) and what you found refers to 212(a)(9)(A) or ©.

As far as I've ever heard, being denied entry shouldn't affect a CR-1 application. Especially with 212(a)(7)(A)(i)(I) which means you were denied because they suspected you had immigrant intent. They are literally telling you to go back home and apply for an immigrant visa before they'll let you in, which is what the CR-1 is.

Double check with an actual lawyer, but in my layman's opinion, you got nothing to worry about.

Thank you so much for your reply!

As for sections/sub-sections of the law, below is what I have learned and it referes to 212(a)(7) which made me worried...

"An alien who is inadmissible under section 212(a)(9)(A) or ©" are the alien who were ordered removed under section 235(b)(1) or section 240, and section 235(b)(1) is applied to alien who is inadmissible under section 212(a)(6)© or 212(a)(7).

I am sorry for my poor explanation.

I believe if my case was "expedited removal", then I will need to file I-212.

I do not know if it is necessary though since my passport stamp says "refused in accordance with INA Sec 217", not "Sec235(b)(1)".

Thank you so much for your input.

It relieves me to know that your lawman thinks I have nothing to worry about.

I will try to double check with other lawyer as well!

[ocean72950 0]

Hello. I am posting my first question on VJ today.

I am married to USC. After marriage, I left US for 3 weeks to visit my family and friends, then when I tried to go back to US, I was refused to enter.

(Lack of knowledge, I wish I knew and read VJ back then!)

I was told to come back with immigrant visa, so we started the process for CR-1.

My passport got a stamp and it says : REFUSED IN ACCORDANCE WITH INA SEC 217

　

Below it says : 212(a)(7)(A)(i)(I)

Now I am worried if refusal at entry would have any impact on petitioned CR-1.

I was reading some article and it says I also need to file a waiver (I-121).

"An alien who is inadmissible under section 212(a)(9)(A) or © of the Immigration and Nationality Act (INA) files Form I-212 to obtain "consent to reapply for admission" that is required before the alien can lawfully return to the United States. "Consent to reapply" is also called "permission to reapply."

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-2006.html

If anyone has gone through same kind of situation, will you give us some advice?

We are wondering if we need to file I-121.

(I have never overstayed, or never have been involved in anything to do with police, not even a minor thing.

Also, I was not told from CBP officer that I was banned from entering US.)

Thank you so much in advance.

I have been saying I-121, but I meant I-212, I am sorry for the mistake!