Do you think we need a waiver?

[karina 0]

Hi everyone,

My husband was denied entry in Feb 2006.

He was here in the US on F-1 visa, and we did not know that he overstayed. He took a semester off, did not know that he had to leave the country. He reentered classes a couple months later. During his time off, he worked (he had a work authorization, but did not realize that he shouldn't be working if he is taking a semester off).

In addition, I think they denied his entry because he was on F-1 and filed for I-130 (dual intent).

On his passport, he was stamped I-275 execued, with the annotation s.212(a)(7)(A). He paid for his own plane ticket and returned to Canada the next day. He was not given any paper work as to why he was denied.

We submitted I-212 and is currently at National benefit center. We have not heard anything from them since...

As we wait for our interview in Montreal Embassy for our I-130 and I-129F (K-3) sometime in the next couple of months, my questions are:

- Does he need a to file for 601?

- Some people told us that he could be "forgiven" based on his marriage to a USC. Do you think it's likely?

If anyone has gone thru' similiar experiences, please feel free to give us advise... Right now, I am requesting his papers for denial thru' the Freedom of Information Act to find out if he needs a waiver or not..

Thanks!

-Karina

[kitkat1 5]

He was denied entry - normally no waiver is necessary for this.

Why did you file a 212? Normally this is done after visa denial and is used to overcome deportation. If he was illegally present for more than 180 days, he would need a 601 waiver. It doesn't sound like his overstay was that long.

Illegal work is generally forgiven at AOS in the US when married to a USC. For this reason, it is not often a reason for denial at the consular interview although it certainly could happen.

FOIA request take about 12 months so it probably won't be very useful to you. I would instead do a consult with a qualified immigration attorney to help clarify. Good luck.

[karina 0]

Hi Kitkat, thanks for your quick response! You are very helpful.

Yea, quite honestly, I'm not sure how long he overstayed... He left the US to visit Canada for quite a # of times (between the time he stopped his studies and to the time that he was denied entry), so I don't think that he overstayed for more than 180 days.

Looking back, we probably should not have filed for 212, but we thought that we needed it since he was denied entry. But thanks for clearing that up!

Our immigration lawyer asked us to look into FOIA, because my husband was not given any paperwork on why he was denied entry at the POE.

--Karen

He was denied entry - normally no waiver is necessary for this.

Why did you file a 212? Normally this is done after visa denial and is used to overcome deportation. If he was illegally present for more than 180 days, he would need a 601 waiver. It doesn't sound like his overstay was that long.

Illegal work is generally forgiven at AOS in the US when married to a USC. For this reason, it is not often a reason for denial at the consular interview although it certainly could happen.

FOIA request take about 12 months so it probably won't be very useful to you. I would instead do a consult with a qualified immigration attorney to help clarify. Good luck.

[kitkat1 5]

Ask your lawyer if he has an experience with denials of entry under 212(a)(7)(A). You certainly don't want to be his guinea pig. Your lawyer needs to confirm whether or not there is a need for a waiver before the interview date so you can be prepared - and the FOIA response is not going to arrive before then. You should also find out if the 212 was necessary and if not, if it should be cancelled.

[karina 0]

Thanks, Kitkat!

Ask your lawyer if he has an experience with denials of entry under 212(a)(7)(A). You certainly don't want to be his guinea pig. Your lawyer needs to confirm whether or not there is a need for a waiver before the interview date so you can be prepared - and the FOIA response is not going to arrive before then. You should also find out if the 212 was necessary and if not, if it should be cancelled.