INA 212(a)(7)(B)(i)(II) for CR1 consular interview

[Rick3 0]

 I am a Canadian citizen. I was determined inadmissible under 212(a)(7)(B)(i)(II) in 1996 and asked to not travel to US for 12 months by the immigration judge. Since that one year ban, I have travelled extensively over the decades to US. during one such drive in 2007 a CBP officer told me that I need a waiver for that 1996 infraction. I applied and received a letter back in late 2007 from CBP Admissibility Review Office, Herndon, VA that I do not require any waiver and am eligible for travel to the US.

 

Recently I married a US citizen and she applied the I 130 petition, which has been approved by USCIS and sent to NVC for an upcoming consular interview in Montreal in couple months. I have been visiting my spouse in US monthly as the process unfolded and have not been denied entry even after telling the officer of petition filed.

 

My question is that would the 1996 incident resulting in 212(a)(7)(B)(i) (II) result in any complications on getting the CR1 visa during my consular interview? I have researched the best I could and this INA sub-section is for "non-immigrant" so not sure how it affects "immigrant" visa interview.

 

Many thanks for any insight. 

[Boiler 46,322]

Normally I would say no but people with this do not usually end up in front of an IJ. What happened.

Edited December 11, 2019 by Boiler

[Rick3 0]

 

 

 

8 minutes ago, Boiler said:

Normally I would say no but people with this do not usually end up in front of an IJ. What happened.

Thanks Boiler...........(here is further details of the 1996 incident).... I am a Canadian citizen. In 1996 a friend in my car wasn't carrying his own passport and as I was the driver I was charged under 212(a)(6)(E) and 212 (a)(7)(A)(i) (II). I presented my case to the immigration judge telling him that my friend showed me a plane ticket flying out of SEATAC and I was just giving a ride and he withdrew both charges. However he ruled in Exclusion proceedings that I am inadmissible under 212(a)(7)(B)(i)(II) ONLY and asked me to not travel to US for 12 months.

 

 

 

 

[Boiler 46,322]

Possible smuggling? Sounds like it will not be an issue but certainly have all your ducks lined up as you can expect it to be raised.

[Rick3 0]

17 minutes ago, Boiler said:

Normally I would say no but people with this do not usually end up in front of an IJ. What happened.

I appreciate your reply. I did declare the incident and submitted the ARO letter in my NVC documentation and even though the incident happened 24 years ago has made for some anxiety every time I travel back. Do the consular officers override the IJ or accept that decision?