601-212 I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation

[geowrian 22,337]

12 minutes ago, Sparkle Sparkle said:

I bet you know more than I do.

From the I-212 instructions: https://www.uscis.gov/system/files_force/files/form/i-212instr.pdf?download=0

"Inadmissibility Under INA section 212(a)(9)(A)"

...
"You may file Form I-212 if you are inadmissible under INA section 212(a)(9)(A), but not INA section 212(a)(9)(C), and you are:

1. An applicant for an immigrant visa;

2. An applicant for adjustment of status under INA section 245 (other than as a T or U nonimmigrant seeking adjustment under Title 8 Code of Federal Regulations (8 CFR) 245.23 or 245.24);

3. An applicant who wishes to seek admission as a nonimmigrant at a U.S. port-of-entry who is not required to obtain a nonimmigrant visa; or

4. An applicant for a nonimmigrant visa at a U.S. Consulate."

 

INA 212(a)(9)(A) covers somebody who has been removed, like the OP.

Edit2: As a sidenote, I'm uncertain if INA 212(a)(9)(C) applies. The VD itself is not a removal, but it does appear they had 1+ year of overstay assessed. Although that in itself is odd as F-1 is typically admitted as D/S and unlawful presence does not start accruing until there was a formal ruling of such. that piece is unclear to me after reading the OP's post again.

Edit3: Since more than 10years passed, that shouldn't be an issue. Ignore Edit 2...it does not appear to apply.

Edited July 10, 2020 by geowrian

[Sandra G. 5,054]

15 hours ago, oralar said:

I had F1 student visa violation before 2005 and volunteers departure (I overstayed more than one year),

I served my 10 years bar outside of us. After 10 years bar I have applied for visa again through counselor.

I have been granted for 10 year B1/B2 visa in 2017. I have visited us 4 times with this visa.

Last time in may 2019 I have try to visit US from the port of JFK Atlanta(one of the worse in us),

I have been ordered expedite of removal ,

my visa canceled and written on my passport 212(a)(7)(A)(i)(I), act 235(B)I.

since then I have applied for I 130 spouse petition and marriage base petition has been approved,I will have visa interview in consulate

most probably they will deny  visa because I inadmissible  , order expedite of removal one year prior

 

my question is:

do I need I 601, or 601 hardship waiver.

I 212 waiver will be enough,

since I had 10 year bar from my previous visa violation,

 after serving 10 years bar outside of us, will I be charged for second time removal or deportation.

(first one was volunteer deportation second one is expedite of removal )

this expedite of removal will be considered second time violation, which will trigger 20 years bar, or I have 5 year bar.

I will appriciated if anyone passed through familiar station, of anyone can give me advise.

You won't need the I-601 waiver because you have been outside of the U.S for a continuous period of 10 years.If you were removed from the U.S more than once then you would have the  20-year bar, but  you don't have in your record an order of removal regarding the voluntary departure ok. You have just one removal in your record.

 

You have a 5 year bar because you were removed upon arrival in the U.S (expedite removal).(INA section 212(a) (9) (A)(i). You will need to file just the I-212 waiver.

 

 

 

 

[oralar 0]

22 hours ago, sandranj said:

You won't need the I-601 waiver because you have been outside of the U.S for a continuous period of 10 years.If you were removed from the U.S more than once then you would have the  20-year bar, but  you don't have in your record an order of removal regarding the voluntary departure ok. You have just one removal in your record.

 

You have a 5 year bar because you were removed upon arrival in the U.S (expedite removal).(INA section 212(a) (9) (A)(i). You will need to file just the I-212 waiver.

 

 

 

 

At port of entry, CBP asked me to 3 phone number,

one of the phone number I gave him, was my friend who has pizza shop,

CBP officer called him, he barely speak english, and in conversation with my friend CPB officer came up with conclusion  that I was working in pizza shop. (by the way I have 12 years  technology company which doing production, exporting, importing in my home country.  in my 5.5 month stay with my bank statement I have spend 35,000 $, the money that i have on my home county account, I try to show that I don’t need to work in US, I have money  ) I try to show my bank statement to officer, but he didn’t want to believe.They don’t want to overlook anything, that were rush to complete my removal.

 

I have more than 10 different visa and many entry and exit date in my passport(China, Uk, Germany, Nijeria, Russia, Egypt etc) which I have attended many business conference and trade fair.

I have been accused that I was working as pizza man, so I violated my visa with my previous visit. and they scrached my US visa page, and cancelled.

I refused to sign that paper they try to make me sign, because any of accusation was right,

 

after my removal, i hired a lawyer , try to drop charges, that way I won’t be bared 5 or more years. they refused too,

 

do you think that will be considered misrepresentation?

I had valid B1/B2 visa

which I used this visa  to stay with my fiancé and spend time together,  or accused of being worked with my previous visa .

 

[oralar 0]

On 7/9/2020 at 4:37 PM, aaron2020 said:

Most likely, CBP determined that you were abusing the visitor visa to illegally live in the US with a brief 45 days visit to your home country.  That's why your visitor visa 

do you think will be considered attempted to gain their admission by misrepresentation