Anyone passed k-1 interview without waiver while got deportation before by CBP's false determination.

[clairezhf 0]

I'm in packet 3 right now, I'm really worried that a waiver might be needed after my interview at the consulate. I had a 10-year tourist visa, it got revoked by CBP upon my 3rd travel to the USA. The CBP officer deemed I worked illegally in the USA during my previous stay even lack of actual evidence. Even my nationality was wrong on the investigation records. My lawyer tried to contact them to rescind their determination, even they kind of admitted their mistake but refused to take it back. We prepared affidavits and other evidence that I didn't work before, would it be enough for the interview? My passport showed: 212(c)(7)(a)(i)(l). I do not want a waiver, as we have been separated for 3 years, I don't want to wait for any longer. Anyone have the similar experience? 

[Dashinka 24,508]

Did you mean 212(a)(7)(a)(i)(l)?  If "a" it generally means you were able to withdraw your application for entry.

[Boiler 45,525]

You presumably know if you were deported, it really is up to the Consulate to review your case and determine if there are any other admissabilities.

 

Your K1 has taken 3 years?

[clairezhf 0]

On 10/10/2023 at 10:50 PM, Dashinka said:

Did you mean 212(a)(7)(a)(i)(l)?  If "a" it generally means you were able to withdraw your application for entry.

Yes

[clairezhf 0]

On 10/10/2023 at 11:31 PM, Boiler said:

You presumably know if you were deported, it really is up to the Consulate to review your case and determine if there are any other admissabilities.

 

Your K1 has taken 3 years?

It took 2 years. We filed I-129 F in the end of October. 

[powerpuff 6,705]

Topic moved from Progress Reports to Process & Procedures.

[jan22 3,056]

You used the term "deported".  Terms are important.  If you were, in fact, deported or given expedited removal, you likely cannot enter the US for 5 years without a waiver.  If, however, you were allowed to withdraw your application for admittance, you have no ban on entering the US and will not need a waiver.

 

Since your Iawyer interacted with CBP to try to get tbe record corrected, he/she should know whether you were deported or removed versus allowed to withdraw and, therefore, whether you need a waiver or not.