Denied entry and sent back on the next plane.

[Boiler 45,670]

Definite and Immigration are not often used in the same sentence. The Consulate are the ones who determine inadmissibilities.

[Thefile 0]

And consulate is the person who will be interviewing her?

[Boiler 45,670]

Yep

[Thefile 0]

Is it a common practice that they impose the i601 waiver requirement rather than leave it as is with the i212? As in, do they usually find a way to impose the i601 just to make things more difficult or do they look at the case and act fairly?

[Boiler 45,670]

You need a good database to make a valid comparison, I have seen it in these sort of cases and the reasonable expectation would be that they will but you may be lucky.

[newacct 688]

There does not exist an immigrant visa waiver (I-601) for the 9A ban. Therefore, during the 5 years of the ban, the only way to overcome the 9A ban for an immigrant is to get it removed with permission to reapply (I-212). I-601 is completely inapplicable here.

If there are other bans, then an immigrant visa waiver (through I-601) may also be necessary.

[Thefile 0]

Newacct, she has no other bans. I have s copy of her papers. Just the 5 year ban. However, whAt I'm curious about is that, will the consulate impose other bans if they review the file and feel she committed other crimes? All the info suggest that she wanted to work and that the visa she has isn't for that purpose.If the POE officer found that she iwantedto work, why wouldn't he impose other codes if the crime fits it? Which I think he made the right decision based on what I've been researching. This is like her 4th time traveling and she has never committed any other crime. She had never overstayed her time, never worked previously, and never committed any other neither here nor in her home country.

[Boiler 45,670]

The answer will not change.

[Thefile 0]

Ok

[Jawaree 718]

If the CO want they could, it has happened, did you plan to make her your

wife later? if so do it sooner because the matter must be addressed for any

visa , and at least when you start the process you will have an idea where its

going.

Kingston have been known to give 221G for one waiver when both is needed in

the past & even denying a waiver when a person is entitled, so these situations

needs an atty

[Thefile 0]

If I only need the I212 waiver, which it is based on the the code she received, could I file the waiver now eventhough Im not putting in the I-130 petition yet?

[Boiler 45,670]

Yes

[Thefile 0]

I read somewhere that there are many things the person granting or denying the waiver look into; and one of those is the time serve during the ban. My question is, are they looking into when the removal happen in relation to how soon the waiver is submitted?

[Boiler 45,670]

Certainly one factor

[HFM181818 750]

The main thing to focus on is what else, if anything, was written in her passport and did she complete and sign an I-275?

Was she given something called 'expedited removal?'...(there would be a '235' box checked and/or written in her passport)//getting ER would normally mean a 5 year ban to readmission, and to get that removed, one would need an approved I-212, not an I-601.

Likely she received a form that listed the questions she was asked, the answers she gave...and on the top of that form, one could find the section(s) of law that were cited as the reason(s) for her denial of admission.

BTW, denial of admission is NOT the same as deportation....one can only be deported after being admitted into the US (or having snuck in)...

denied admission, while serious for many visa categories, is less so for immigrant visas....expedited removal, however, is serious...so have her check through all of the papers that were given to her.