I 212 advice (5 year bar ending soon)

[rwsimbulan 0]

Hello

I am a Canadian and I was barred on Nov 2013.  

I received a 

212a6ci

and

212a7aiI

 

I remember reading in the past that I also have a lifetime barr although the document only states a 5 year bar.  So then would I have to apply for 2 waivers?

 

Do I still have to apply for both waivers even after my 5 year bar is over?

Which waiver or waivers do I apply for?

 

Note that I married a US citizen 2 years ago.

 

Thank you for all your help.

 

Ralph

 

[rwsimbulan 0]

Also I’m just looking to visit the USA because of my spouses family... I’m not looking to immigrate 

[geowrian 22,337]

212(a)(6)(c)(i) is misrepresentation, which is a permanent bar.

212(a)(7)(a)(i)(I) means you tried to enter without a valid travel document for the status you were seeking (you tried to enter as an immigrant without an immigrant visa).

 

For a tourist visa, you can apply and the CO will determine if they will request a waiver or not. The I-212 and I-601 are only for immigrant visas.

Misrepresentation is very serious so approval for this for a tourist visa seems quite unlikely. The second inadmissibility makes showing nonimmigrant intent, a requirement for a tourist visa, very difficult as well (plus having a USC spouse makes this harder).

 

You're free to apply as both inadmissibilities are technically waivable even for a tourist visa, but there is a very low chance of success....it would basically be a donation of $160 to the embassy IMO. Sorry.

Edited December 2, 2017 by geowrian

[rwsimbulan 0]

11 hours ago, geowrian said:

212(a)(6)(c)(i) is misrepresentation, which is a permanent bar.

212(a)(7)(a)(i)(I) means you tried to enter without a valid travel document for the status you were seeking (you tried to enter as an immigrant without an immigrant visa).

 

For a tourist visa, you can apply and the CO will determine if they will request a waiver or not. The I-212 and I-601 are only for immigrant visas.

Misrepresentation is very serious so approval for this for a tourist visa seems quite unlikely. The second inadmissibility makes showing nonimmigrant intent, a requirement for a tourist visa, very difficult as well (plus having a USC spouse makes this harder).

 

You're free to apply as both inadmissibilities are technically waivable even for a tourist visa, but there is a very low chance of success....it would basically be a donation of $160 to the embassy IMO. Sorry.

my understanding was that I need to apply for a I-192 which is advanced permission to enter USA on a non immigrant status.

the I-212 is for the 5 year bar and the the I-192 is for the lifetime bar.

since the 5 year bar is almost over, would I still need to apply for a I-212?

my 212a6d violation was because I was 'personal training' someone in Detroit and lied about it to CBP.

 

would it be better for me to apply for an I-601 and potentially immigrate to the US if me and my husband choose to do so in the future?

 

advice please 

[geowrian 22,337]

5 hours ago, rwsimbulan said:

my understanding was that I need to apply for a I-192 which is advanced permission to enter USA on a non immigrant status.

That's assuming you already have appropriate travel/entry documents. Canadians normally don't need this, but you need to obtain a visa first. In either case, I don't see how an I-192 applies.

My understanding is the I-192 would be if you already had a valid nonimmigrant visa but subsequently became inadmissible before entry.

 

5 hours ago, rwsimbulan said:

would it be better for me to apply for an I-601 and potentially immigrate to the US if me and my husband choose to do so in the future?

You would file for the I-601 and I-212 waivers after being refused for the immigrant visa (not beforehand). You cannot file it early and then use it later.

 

For a tourist visa, you don't file anything now. You interview and if you are otherwise approved for the visa, the CO can request a waiver at that time.