Section 212 ( a ) (7) (A) (i) (I) Do I need a waiver after the 5 years barred?

[Rodrigo B. 0]

Do I need a waiver for violation of Section 212  (a ) (7) (A) (i) (I) after the 5  years I was barred from returning to US?  The  5 years are over and Ihave double citizenship and I applied for the Visa Waiver Program on my Chilean passaport and my permission to travel was authorized.  Can I travel to US with the permission ESTA  or I need to get the Visa And the waiver?  Please if you know how to fix my situation let me know! Thanks a lot! 

[JFH 12,191]

When you applied for the ESTA, did you declare your ban? 

[Boiler 45,837]

You are not eligible for ESTA.

[canadian_wife 1,826]

How did you declare the ban on your ESTA application?  Lots of people assume that because the infraction did not happen on a certain passport then the information does not need to be disclosed.  This is a misconception.

 

So again, how did you disclose this on your ESTA application?

 

Good luck 

[Rodrigo B. 0]

10 hours ago, JFH said:

When you applied for the ESTA, did you declare your ban? 

Yes I declared!  And I wrote down the date and city where my entrance was denied in 2012. The ESTA  system evaluated and i Had my permission approved in 24hs.

[Boiler 45,837]

• are not ineligible to receive a visa under U.S. visa law. Travelers who have been arrested, even if the arrest did not result in a criminal conviction, those with criminal records, (the Rehabilitation of Offenders Act does not apply to U.S. visa law), certain serious communicable illnesses, those who have been refused admission into, or have been deported from, the United States, or have previously overstayed on the VWP are not eligible to travel visa free under the Visa Waiver Program;

https://uk.usembassy.gov/visas/visa-waiver-program/non-immigrant-visa-waiver-program-vwp/

[geowrian 22,337]

So it was declared, good. There's no misrepresentation involved then. But you're still ineligible to actually use the ESTA.  While the multiple passports piece may have not caught this on the ESTA application, CBP will see it (especially with biometrics involved). The actual ineligibility applies to the individual, not their passport.

[Rodrigo B. 0]

Ok, but remember that my barred time was over when I applied for ESTA and  I answered that I have another citizenship I wrote my passaport number of the citizenship I had the problem and I answer yes on the question: Do you had your entrance denied in the US?  So if the system consider not elegible for an ESTA who answered yes in that question Wy my was approved? 

 

[Boiler 45,837]

1 hour ago, Rodrigo B. said:

Ok, but remember that my barred time was over when I applied for ESTA and  I answered that I have another citizenship I wrote my passaport number of the citizenship I had the problem and I answer yes on the question: Do you had your entrance denied in the US?  So if the system consider not elegible for an ESTA who answered yes in that question Wy my was approved? 

 

Ask them, nobody here would know.

[canadian_wife 1,826]

Is it possible for you to call over to the Port of Entry that you will be landing on and clarify?  The cost for you to be returned at the port of entry would be pricey. 

 

By the way, sorry for being lazy but what was the ban for?

 

Good luck 

[Mollie09 1,543]

2 minutes ago, canadian_wife said:

Is it possible for you to call over to the Port of Entry that you will be landing on and clarify?  The cost for you to be returned at the port of entry would be pricey. 

 

By the way, sorry for being lazy but what was the ban for?

 

Good luck 

Being an immigrant without an immigrant visa

[geowrian 22,337]

23 minutes ago, Mollie09 said:

Being an immigrant without an immigrant visa

212(a)(7)(A)(I)(i) does not carry a ban in itself. However, if the application for admission is not withdrawn, then they would order you removed, which is where the ban comes into play (aka an "expedited removal").

Edit: Note that the option to withdraw the application is at the officer's discretion (it's not a choice you need to be given). This is known as a 9A ban.

 

The ESTA ineligability isn't due to being denied entry (that is a negative factor in consideration, but not an ineligability), but a removal order is an ineligability. My guess is that the ESTA system only saw the denied entry and no record of the removal order since it was on a different passport. CBP would likely see this, though.

 

But as noted, this is a guess with the limited information available. Asking them directly and providing the full circumstances would one way to find out. Or ask a professional immigration attorney. Showing up with an invalid ESTA and a previous removal order likely will end very poorly, so I suggest being 100% certain that you are eligible before going that route.

 

Best wishes.

Edited December 27, 2017 by geowrian