What is mean by Ordered Removed 212(a) (7) (A) (i) (I) CBP Form I-860 removal Order Issued to section 235(b) (1) of the act?

[pateldpk 1]

USA Deportation - Explanation-> I got deported from USA and sent back to home country (went as student F1 visa) in 2014 December. I got this stamp code mentioned above. What does it mean. Is it 5 Year ban? 

[Dashinka 24,530]

I think we need more information.  Did you overstay from your F1?  If so, how long?

[pateldpk 1]

No there was no over stay. In fact they didn't allow me to enter USA. They deported me from POE Ohio airport. My intention was not to be immigrant. I was scared and not possible fight more then 7-8 hours and I signed one form they gave me. I don't know what was that. Please guide. I am worried Is it ban or that form was actual for withdrawal admission. Strange is They didn't gave me any deportation document.

Edited August 29, 2019 by pateldpk

[Crazy Cat 41,921]

Yes.  The I-860, itself,  carries a 5 year ban.  If there was any misrepresentation involved (9c), then it could be a lifetime ban.

[Crazy Cat 41,921]

https://www.ice.gov/doclib/foia/dro_policy_memos/09684drofieldpolicymanual.pdf

 

"Inadmissible Arriving Aliens Ordered Removed. Having been ordered removed by an Immigration Officer through the Expedited Removal process, the alien is barred from re-entering the United States for 5 years. When the alien is removed, he/she is served with Form I-296, Notice to Alien Ordered Removed/Departure Verification. The I-296 contains the warnings of the I-294, therefore a separate I-294 is not executed. Normally, aliens ordered removed through the Expedited Removal process are returned to their country the same day they were apprehended (if they are a citizen of contiguous territory). Aliens from countries that are not contiguous territory may be detained until a travel document can be obtained

[pateldpk 1]

OK thank you for the information. Actually the main query is - My wife is studying in Canada. I want to apply as spouse dependent visa. Will this deportation create any problem for Canada visa?

 

If suppose there is 5 year ban then It will be over by this December 2019. Please guide.

[Dashinka 24,530]

3 minutes ago, pateldpk said:

No there was no over stay. In fact they didn't allow me to enter USA. They deported me from POE Ohio airport. My intention was not to be immigrant. I was scared and not possible fight more then 7-8 hours and I signed one form they gave me. I don't know what was that. Please guide. I am worried Is it ban or that form was actual for withdrawal admission. Strange is They didn't gave me any deportation document.

212(a) (7) (A) (i) (I) is interesting as it seems to relate to not having proper documentation to enter the US.  How were you even allowed on the plane?  Just curious.

 

3. Section 212(a)(7)(A)(i)(I), (Immigrant Without Proper Visa or Travel Document), i.e. you are an immigrant who, at the time of application for admission, is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by immigration law, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required by the regulations.

Just now, pateldpk said:

OK thank you for the information. Actually the main query is - My wife is studying in Canada. I want to apply as spouse dependent visa. Will this deportation create any problem for Canada visa?

 

If suppose there is 5 year ban then It will be over by this December 2019. Please guide.

Canada and the US do share information, but I am not sure if it will have any impact.

[patrick33 19]

You might want to ask your question in the Canada sub form, or try canadavisa.com. It's basically like this site but for immigration to Canada.

[Boiler 45,584]

Reasonable to assume it will raise questions with the Canadians, but not as if there is anything you can do about it.

[Going through 5,671]

21 hours ago, pateldpk said:

OK thank you for the information. Actually the main query is - My wife is studying in Canada. I want to apply as spouse dependent visa. Will this deportation create any problem for Canada visa?

For a spouse dependent visa for Canada, should not raise any issues since it was several years ago.  You do have to disclose it, though, on the application.

Edited August 30, 2019 by Going through

[pateldpk 1]

Thank you. Do i have to include all the paper work related to deportation to application or just relevant explanation only?

[pateldpk 1]

If there is any ban involved of 5 year then it is about to over this December. Can I apply for waiver now?

[Going through 5,671]

2 hours ago, pateldpk said:

If there is any ban involved of 5 year then it is about to over this December. Can I apply for waiver now?

If the ban is over in December, there's no need to apply for a waiver after that---the ban is over at that point.  Probably easier to delay any type of travel plans to the US until after then.  The ban being over doesn't mean a US tourist visa is guaranteed, of course.

 

You said your final plan was to move to Canada, not the USA?  I would try applying for a Canadian visit visa instead at this point, since your wife is residing there, if your thought was to obtain the US visa and then travel to Canada to see her.

 

 

 

 

[pateldpk 1]

I have no plans for US travel bat all. Why I asked for waiver because whenever I will apply for Canada spouse visa then I will need to justify the deportation so I though getting waiver is best decision to convince Canada visa officer. Isn't it? Please guide. Is it like Canada immigration will straight forward reject any application if deportation involved?

[Crazy Cat 41,921]

I fail to see how getting a waiver for the US 5 year ban would have any effect on an attempt to enter Canada only.