Can i get Green card ? I was sent back to my country on grounds of inadmissibility for 5 years

[nshah01 0]

My Father was sent back to our native country under section 212(a)(7)(A)1(i)(I) and was inadmissible for 5 years. Now period of 5 years is over. We are about to get call for visa interview on Family Sponsored Immigrant Visa (Green Card) . Are there any chance that we ll face trouble in obtaining green card? Please Help! Thank You for Help in advance. Your reply is appreciated.

[canadian_wife 1,829]

Can you give more information as to what happened? The code (I think) is that he was not in possession of a valid visa but I think there is more to this story.

Good luck

[nshah01 0]

Can you give more information as to what happened? The code (I think) is that he was not in possession of a valid visa but I think there is more to this story.

Good luck

Thank you for the response. He was suspected that he worked in usa on Visitors Visa. The visa was cancelled. He was sent back on his 3rd visit to USA from airport itself and was inadmissible for period of 5 years. Now Its been more than 5 years and We are about to get Visa Call on Family Sponsored Visa. Are there any chances this might cause any problem?

Waiting For Reply

[Boiler 46,147]

The Consulate will no doubt want t go into detail but if that is his only ban and it is over then it would not be an issue.

[nshah01 0]

The Consulate will no doubt want t go into detail but if that is his only ban and it is over then it would not be an issue.

Thank You for the Response. Yes it is the only ban and completely over. Hoping for the best.

[newacct 688]

7A just means he was denied entry. He was denied entry because he didn't prove to their satisfaction that he's a nonimmigrant (and thus, technically, they considered him an immigrant and denied him because he didn't have an immigrant visa). This is a pretty generic denial.

The 5-year ban is a 9A ban (INA 212(a)(9)(A)(i)) caused by being removed upon arrival. So what happened was they removed him after denying him entry. If the ban is not over, then I-212 can be filed to apply to remove the ban. But if the ban is over, then nothing needs to be done.

Edited February 12, 2016 by newacct

[nshah01 0]

7A just means he was denied entry. He was denied entry because he didn't prove to their satisfaction that he's a nonimmigrant (and thus, technically, they considered him an immigrant and denied him because he didn't have an immigrant visa). This is a pretty generic denial.

The 5-year ban is a 9A ban (INA 212(a)(9)(A)(i)) caused by being removed upon arrival. So what happened was they removed him after denying him entry. If the ban is not over, then I-212 can be filed to apply to remove the ban. But if the ban is over, then nothing needs to be done.

Thank you for the response. Relieved to know that it wont cause any problem. Hoping for the best.