212(a)(9)(A)(i)

[altv 0]

I would like some assistance regarding our case. My wife was denied entry on october 2021 by the cbp with grounds of working before entry and they gave 212(a)(7)(A)(i)(I), we have a pending f2a petition which was filed in April 2020. Last
February 18 my wife got the interview at the embassy but after the interview the consulate gave her a 212(a)(9)(A)(i) not knowing what to do next. i did search some cases with this 212 and people says to file i212 and other says i601 which is making us confused. i also asked a attorney and she told me that Currently, USCIS Field offices are taking 32 months to process of I-212 applications. Given this long processing time, we could instead wait for the 5-year bar to expire and then follow up with U.S. Consulate to continue the visa processing.

[Boiler 46,594]

You have a Misrep ban so need a I 601.

 

If she was deported then yes that is a 5 year ban but she would be done by 2026. On the other hand a 212/601 is basically the same as a 601.

[altv 0]

i tried talking to attorneys regarding this case. they have been telling me just wait for the ban be lifted because proceeding with a i212 takes a while, like 30 months+/- the question is do we need to apply for a i130 so by the time ban is lifted that will be the time for our interview?

[Boiler 46,594]

No keep in touch with the Consulate to keep you case alive

[Demise 1,386]

First and foremost you should have her file a FOIA with CBP to see what exactly happened there, basically did they give her an expedited removal or did they have her withdraw her admission and depart on her own. First one comes with the 5 year ban, second comes with no ban. Now, it's unlikely that the consulate got it wrong, but you never know.

 

I do question the 212(a)(7)(A)(i)(I) as that's more of a "didn't have the correct documents" bar to entry, though I guess it could be applied as "you are likely to work in US, but you don't have the right visa for that". On the bright side that's something that doesn't come with any further time bans on its own.

 

So basically do the FOIA and see what falls out. If she was allowed to depart on her own then you'll want to schedule another appointment with the embassy and bring proof of that. If not then write to the embassy at least once a year asking that they keep the case open and she'll plan to immigrate after October 2026 when her 5 year ban expires.

 

 

On 2/24/2025 at 8:16 AM, Boiler said:

You have a Misrep ban so need a I 601.

 

If she was deported then yes that is a 5 year ban but she would be done by 2026. On the other hand a 212/601 is basically the same as a 601.

I don't see a misrep (212(a)(6)(C)(i)) anywhere here. While it's a good question if a misrep happened anywhere in the process doesn't seem like the consulate decided to slap her with that.