212 (a)(7)(a)(i)(i) not deported or removed

[Jenvds 15]

A year ago my husband (then boyfriend) was stopped at POE and turned back to his home country. We did not understand the rules at this point and we're honest with our answers. The notation on his passport said : 212 (a)(7)(a)(i)(i)

I see other people post that they were either "removed" or "voluntarily withdrew". In the signature section of the paperwork given to him it uses neither of these terms. It just says "found inadmissible... Weak ties... Will not be allowed to enter without a valid non immigrant or immigrant visa"

The officers said this would not affect our application for a k1 or cr1 visa, but they have been known to say things that are not factual.

We hired a lawyer (huge mistake) and he did not say anything about needing a waiver.

We made it through the USCIS. We have been granted an expedite so we are bypassing the NVC and going straight to the consulate in Amsterdam.

I am concerned that we need a waiver i-212. Do we need it? If we do, when will we be told? How do you get one approved? (where is it sent? How long does it take?)

I thought we were clear because of the officer and our lawyer both saying it's not needed, but I've seen others here recently with the same inadmissibility "code" talking about waivers. But their stories were all a bit more complicated than ours.

Please help if you can!?! I feel like I haven't had any moment of rest since this process started. There's always another hurdle or worry.

[Transborderwife 4,666]

Nope. No waiver

[blondedoc 35]

I have exactly the same notation on my passport... 212 (a)(7)(i)(i) and I was removed. All of this is said on my papers (I took them during the situation).

And my lawyer is making for me an I-212.

My story is very diferent from yours. If it will be necessary for you, what I know about is that they will tell you after the interview.

Just one thing: I-212 is not a waiver, is a permittion to reapply for a visa.

In my case, my tourist visa was cancelled, so I´m asking to reapply but now as an immigrant.

If you need that it has to be sent to your POE (port of entry) office.

It can take just a few months until more than 1 year.

To be approved? Mine, we made almost like an I-601 (with the hardship for the USC if I don´t get there + letter from me with apologies + letter from him + letters from employers, teachers, family and friends).

I hope I could help you a little bit.

I can tell you that is better for you at least try to reach your paperwork from this situation, than it will be easy to understand exactly what you need.

All the best!

[Avery Cates 1,141]

A year ago my husband (then boyfriend) was stopped at POE and turned back to his home country. We did not understand the rules at this point and we're honest with our answers. The notation on his passport said : 212 (a)(7)(a)(i)(i)

I see other people post that they were either "removed" or "voluntarily withdrew". In the signature section of the paperwork given to him it uses neither of these terms. It just says "found inadmissible... Weak ties... Will not be allowed to enter without a valid non immigrant or immigrant visa"

The officers said this would not affect our application for a k1 or cr1 visa, but they have been known to say things that are not factual.

We hired a lawyer (huge mistake) and he did not say anything about needing a waiver.

We made it through the USCIS. We have been granted an expedite so we are bypassing the NVC and going straight to the consulate in Amsterdam.

I am concerned that we need a waiver i-212. Do we need it? If we do, when will we be told? How do you get one approved? (where is it sent? How long does it take?)

I thought we were clear because of the officer and our lawyer both saying it's not needed, but I've seen others here recently with the same inadmissibility "code" talking about waivers. But their stories were all a bit more complicated than ours.

Please help if you can!?! I feel like I haven't had any moment of rest since this process started. There's always another hurdle or worry.

If I'm reading correctly, your husband was turned away at the border because he did not have a valid visa or other documentation necessary to be eligible for entry into the country.

This would not have produced a ban on admission, he was turned away and informed that he needed an appropriate immigrant or non-immigrant visa. The CR-1 is an appropriate visa, so that will be fine. I don't see why you would need a waiver for anything.

Sec. 212. [8 U.S.C. 1182]

(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) or

Edited January 11, 2016 by Avery Cates

[Avery Cates 1,141]

I have exactly the same notation on my passport... 212 (a)(7)(i)(i) and I was removed. All of this is said on my papers (I took them during the situation).

And my lawyer is making for me an I-212.

I-212 is for 212(a)(9)(A) or © though, which is a different situation than the OP.

[blondedoc 35]

I-212 is for 212(a)(9)(A) or © though, which is a different situation than the OP.

Well... I have exactly the same code on my papers as OP has.

And I needed an I-212.

I´m making the I-30 at the same time and is working with no problems too.

So that´s why I said to OP to try to reach paperwork of the situation that she had to be sure what is necessary.

[Transborderwife 4,666]

Well... I have exactly the same code on my papers as OP has.

And I needed an I-212.

I´m making the I-30 at the same time and is working with no problems too.

So that´s why I said to OP to try to reach paperwork of the situation that she had to be sure what is necessary.

You had an expedited removal. Op did not

[Avery Cates 1,141]

Well... I have exactly the same code on my papers as OP has.

And I needed an I-212.

I´m making the I-30 at the same time and is working with no problems too.

So that´s why I said to OP to try to reach paperwork of the situation that she had to be sure what is necessary.

I'm actually curious now, did you receive a notification from USCIS that you needed an I-212, or did your lawyer tell you that you needed one and had you make out a check to him to cover the filing fee?

[Jenvds 15]

So if "blondedoc" had expedited removal at POE, what's the difference between that and just denied entry?

[newacct 688]

7A is not a "ban" -- it just means you were denied entry that time, because they suspected immigrant intent (and thus you "didn't have the right documents" because an "immigrant" (as they suspected you were) needs an immigrant visa, which you did not have).

However denial of entry for 7A often comes together with a removal, which triggers a 9A ban. That's why when people mention 7A, they are usually actually trying to figure out whether they have a 9A ban. A 9A ban for removal upon entry for the first time is a 5-year ban, and can be removed by getting permission to reapply with I-212. However, someone who is denied entry is not always removed; sometimes they are allowed to voluntarily withdraw (the officers don't need to allow this; it's their discretion whether to allow someone to voluntarily withdraw, and even if they allow it, if the person fails to leave soon enough, they can still remove them). That's why it's important to figure out exactly what happened after the denial.

Edited January 11, 2016 by newacct

[Avery Cates 1,141]

So if "blondedoc" had expedited removal at POE, what's the difference between that and just denied entry?

They had a visa, but was attempting to use it incorrectly and was turned away and had the visa cancelled. She was attempting to use a B-2 visitor visa to re-enter the country to live. She spent 9 months in the US on the B-2, left for a month, and then tried to be re-admitted, at which point the cancellation and refusal happened.

In contrast, your husband attempted to enter the US but didn't have appropriate documentation, so was advised to get said documentation.

Edited January 11, 2016 by Avery Cates

[Jenvds 15]

7A is not a "ban" -- it just means you were denied entry that time, because they suspected immigrant intent (and thus you "didn't have the right documents" because an "immigrant" (as they suspected you were) needs an immigrant visa, which you did not have).

However denial of entry for 7A often comes together with a removal, which triggers a 9A ban. That's why when people mention 7A, they are usually actually trying to figure out whether they have a 9A ban. A 9A ban for removal upon entry for the first time is a 5-year ban, and can be removed by getting permission to reapply with I-212. However, someone who is denied entry is not always removed; sometimes they are allowed to voluntarily withdraw (the officers don't need to allow this; it's their discretion whether to allow someone to voluntarily withdraw, and even if they allow it, if the person fails to leave soon enough, they can still remove them). That's why it's important to figure out exactly what happened after the denial.

Well, as strange as it is to say, the officers were friendly and he (Dutch citizen) and I (us citizen) were talked to separately and we both had the same story because we weren't trying to lie, we just were so uneducated about all of this. At the end they let us see each other and say goodbye and the officer told him that because we were honest and cooperative they gave him the least harsh of the possible actions they could take. Then they put him on the next flight back.

So even though the paper doesn't say "voluntary withdraw" I'm guessing that's what happened. But I'm just a little afraid I'm wrong.

[JayJayH 546]

The section of immigration law he was denied under basically just says that anyone seeking to immigrate without an immigrant visa can't enter the country.

Legally speaking, here's what happened:

Your husband showed up with a valid tourist visa (or ESTA), and asked the CBP to enter the US as a tourist.

CBP said "you are not a tourist."

He can't enter the U.S. on a tourist visa if he is not a tourist, so CBP cancelled his tourist visa.

He was then at a US airport without a visa.

CBP said "you cannot enter without a visa."

He said "ok, nevermind" and left the US. (withdrawal/voluntary departure)

No ban, no waiver needed, because he did nothing illegal.

Had he been removed, it would have gone down like this:

Your husband showed up with a valid tourist visa (or ESTA), and asked the CBP to enter the US as a tourist.

CBP said "you are not a tourist."

He can't enter the U.S. on a tourist visa if he is not a tourist, so CBP cancelled his tourist visa.

He was then at a US airport without a visa.

CBP said "you cannot enter without a visa."

He said "I won't leave."

CBP removed him.

Edited January 11, 2016 by JayJayH

[newacct 688]

The section of immigration law he was denied under basically just says that anyone seeking to immigrate without an immigrant visa can't enter the country.

Legally speaking, here's what happened:

Your husband showed up with a valid tourist visa (or ESTA), and asked the CBP to enter the US as a tourist.

CBP said "you are not a tourist."

He can't enter the U.S. on a tourist visa if he is not a tourist, so CBP cancelled his tourist visa.

He was then at a US airport without a visa.

CBP said "you cannot enter without a visa."

He said "ok, nevermind" and left the US. (withdrawal/voluntary departure)

No ban, no waiver needed, because he did nothing illegal.

Had he been removed, it would have gone down like this:

Your husband showed up with a valid tourist visa (or ESTA), and asked the CBP to enter the US as a tourist.

CBP said "you are not a tourist."

He can't enter the U.S. on a tourist visa if he is not a tourist, so CBP cancelled his tourist visa.

He was then at a US airport without a visa.

CBP said "you cannot enter without a visa."

He said "I won't leave."

CBP removed him.

Whether they cancelled his nonimmigrant visa is irrelevant. 7A is for immigrants not having an immigrant visa. (Nonimmigrant not having a nonimmigrant visa would be 7B.) CBP said "you are an immigrant; you can't enter without an immigrant visa".

Also, someone does not have to say "I won't leave" to be removed. He could say "okay, nevermind", and CBP could say, "no, we are removing you" if they like.

Edited January 11, 2016 by newacct

[JayJayH 546]

Whether they cancelled his nonimmigrant visa is irrelevant. 7A is for immigrants not having an immigrant visa. (Nonimmigrant not having a nonimmigrant visa would be 7B.) CBP said "you are an immigrant; you can't enter without an immigrant visa".

Also, someone does not have to say "I won't leave" to be removed. He could say "okay, nevermind", and CBP could say, "no, we are removing you" if they like.

Right. He was at a U.S. airport. CBP determined he was an intending immigrant. He was thus not eligible to enter as a nonimmigrant, and had no immigrant visa.

I'm aware. But legally speaking he withdrew, aka "nevermind"