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

[JayJayH 546]

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.

He was found inadmissible to enter the U.S. as a non-immigrant because he could not show strong ties to his home country - CBP found it more likely that he would try to to remain in the U.S. rather than return home. In essence, they found it likely that he would enter the U.S., marry you and then file for adjustment of status while in the U.S. While this is legal, you can't enter as a non-immigrant with the intent to stay.

CR-1 is an immigrant visa (K-1 is technically as well), he can't be denied for having intent to stay (that's the point of an immigrant visa), and he did nothing illegal - immigrant intent was only presumed.

Edited January 11, 2016 by JayJayH

[mallafri76 1,012]

One of my VJ friends were in the same boat as your husband. He flew over on the VWP to visit his husband, denied entry at POE because CBP thought he was coming to stay and was sent back to Sweden on a later flight.

He now has his CR-1 visa and moved over to the US about two months ago. His denied entry at POE was never brought up at the interview and he didn't need any waiver so don't worry about it.

[blondedoc 35]

Im sorry to say but the officers were really nice to me too, they even bought from they cards food for me and my kids and... I swear to God that I heard the same thing: as you are a nice person we will give you the smaller harsh.

I didn't refused myself to leave, and the only thing that now I know that it happened, I could ask to fill a form to reapply right over.

They told me that they put me this ban (yes, this numbers, if you look at USCIS is a ban of 5 years), because they thought that I was an immigrant without an immigration visa and I have no inadmissibility.

I contacted more than 1 lawyer and all of them told me the same: do an I-212 which is just a permit to reapply for a new visa.

And just one thing more: until now my lawyer has been nice and I just pay him after the results, and all the fees my husband pay directly to USCIS, so I hardly believe that I'm in a scam.

I hope you will be able to do the best, OP!

And I'll keep my advice: consult more than 1 lawyer and look for your fiance records at USCIS.

Good luck! And if there's anything else that I can do, you can contact me ok?

[Avery Cates 1,141]

Im sorry to say but the officers were really nice to me too, they even bought from they cards food for me and my kids

Interesting, you never mentioned the kids before. Were they with you the first 9 months you were here, or did you go back, scoop them up, and try to re-enter.

The real story is really starting to flesh out here.

[blondedoc 35]

Interesting, you never mentioned the kids before. Were they with you the first 9 months you were here, or did you go back, scoop them up, and try to re-enter.

The real story is really starting to flesh out here.

Why you are so interested in my story? Are you going to help me? If you want to know more, send me a prived message. I'll be glad to answer all your doubts. I don't want to change the subject here at this discussion, ok? Thank you!

Interesting, you never mentioned the kids before. Were they with you the first 9 months you were here, or did you go back, scoop them up, and try to re-enter.

The real story is really starting to flesh out here.

Oh and I forgot one thing! If you read my messages all around as you are so interested, you will know about my kids!

[HFM181818 750]

the attorney is lying and ripping you off...unless you were denied admission and expeditiously removed, no 212 is needed.

[aaron2020 11,651]

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

She's all over the place. She has no clue as to what is going on.

She stayed in the US legally for 9 months on a visitor visa with an extension. (No idea if her kids were in the US or in her home country. She left the US for "home" and try to reenter the US. She was denied entry. Most likely for abusing her visitor privileges to de facto live here with a brief visit to her home country.

She doesn't get what she did was wrong and a violation of US laws. She thinks she it was just bad luck.

This is different from your situation.

Edited January 11, 2016 by aaron2020

[aaron2020 11,651]

Why you are so interested in my story? Are you going to help me? If you want to know more, send me a prived message. I'll be glad to answer all your doubts. I don't want to change the subject here at this discussion, ok? Thank you!

Oh and I forgot one thing! If you read my messages all around as you are so interested, you will know about my kids!

The reason your story is so interesting is that you keep adding details that paints a very bad picture.

You keep insisting your situation is due to bad luck. You fail to accept what you did was illegal.

You think that your situation is worse than people with 10 years ban when you don't have one.

[ArthurSkyNet 0]

I am in the same boat here... Visa was cancelled under the same 212(a)(7)(A)(i) plus additional 22 cfr 41.122(h)(3). And I was offered to withdraw application and then was sent back to homeland.

Also there should be signature on visa like "cancelled with (or without)prejudice" - which should make some sense, don't know exact difference yet, but heard that "with" is worse...

Almost 5 years had past from that bad day. And back in previous summer I applied for new B1/B2 and has been rejected under 214b.

Sad situation, got in trouble by stupid way. Can't visit my aunt uncle cousins and three nephews... all my relatives from father side is in States.

ps. Thanks to mr.JayJayH for help!

[Jenvds 16]

I am in the same boat here... Visa was cancelled under the same 212(a)(7)(A)(i) plus additional 22 cfr 41.122(h)(3). And I was offered to withdraw application and then was sent back to homeland.

Also there should be signature on visa like "cancelled with (or without)prejudice" - which should make some sense, don't know exact difference yet, but heard that "with" is worse...

Almost 5 years had past from that bad day. And back in previous summer I applied for new B1/B2 and has been rejected under 214b.

Sad situation, got in trouble by stupid way. Can't visit my aunt uncle cousins and three nephews... all my relatives from father side is in States.

ps. Thanks to mr.JayJayH for help!

What was the 22 cfr....?

It makes sense (although still painful I know) that a b1 or b2 would be denied because the cancellation of the visa was for suspected immigration intent and the b class visas aren't immigrant visas. But the cr1 is.

Thank you everyone for your advice! I feel much more relaxed about it now. Our case was very straightforward and no other notations or penalties or issues surrounded the incident. I can sit back and I'm pretty confident we won't need the i-212. But if we do then I know where to come for more help with it!

[HFM181818 750]

if you had been expeditiously removed, you would have received an I-275, and there would have been a box checked under 'INA Sect 235' along with either a 5, 10 or 20 year ban imposed (box checked here as well)....that would make you inadmissible for that period of time.....but this does not sound like what happened to you...it sounds like you were 'sent home' (not admitted), your B2 visa cancelled because CBP believed you were an arriving immigrant without an immigrant visa....which normally isn't huge deal (though your chances of getting another B2 in the future will be slim indeed)...the refusal code you got is sort of like CBP's version of '214b'

the lawyer, however, who is (or has) about to take money to produce a letter for an unnecessary I-212 should be disbarred....talk about a lack of ethics (nothing new in the field of immigration law!)....remember, immigration attorneys are parasites, much like TV evangelists....they both promise things they cannot deliver (visas or a front row seat in heaven) while fleecing their flock (or clients) along the way.

[Avery Cates 1,141]

What was the 22 cfr....?

It makes sense (although still painful I know) that a b1 or b2 would be denied because the cancellation of the visa was for suspected immigration intent and the b class visas aren't immigrant visas. But the cr1 is.

Thank you everyone for your advice! I feel much more relaxed about it now. Our case was very straightforward and no other notations or penalties or issues surrounded the incident. I can sit back and I'm pretty confident we won't need the i-212. But if we do then I know where to come for more help with it!

I believe you'll be fine, you just need to apply for the appropriate visa and you two should be set.

[Hypnos 6,577]

CR-1 is an immigrant visa (K-1 is technically as well)

You are mistaken. A CR-1 is an immigrant visa; a K-1 is a nonimmigrant visa which permits immigrant intent.

An immigrant visa = a visa which automatically grants LPR status upon entry. A K-1 does not do that.

Edited January 11, 2016 by Hypnos

[ArthurSkyNet 0]

So after a subject received 212(a)(7)(A)(i) there is no chance of getting other nonimmigrant visa anytime in future? only solution is to qualify for an immigrant visa, right?

[aaron2020 11,651]

Yup. Once CBP nixes you for having immigrant intent, it's impossible to immediately be granted a nonimmigrant visa.