Do I need a I212 waiver?

[manda 1]

I have visited the US twice in 2006 with no problems. I tried again to visit november 06 to see my girlfriend. They would not let me in, I think they assumed I was moving there forever. I had a B1 visitors visa. I voluntarily withdrew my application to enter. Which means, I think, I never entered.

Now, I am being told in order to get another visa, I would need 2 waivers, I212 for a deportation ban, and I601 because I apparantly misrepresented myself on my last intended vist. They did not give me any papers at the poe and i think i was treated very poorley. I have contacted every government office I know, everyone seems confused, and nobody can give me a clear answer to this.

thanks

[Alt name 1]

1. You were flagged, entering, on a one-way ticket.

2. One month later you got married in Canada to the USC you were coming to visit.

Now you are trying to re-enter but the record is pretty plain. Circumstantially, it's going to appear you were entering to stay. From your story, it sounds here like you were (and I actually have sympathy for you and BELIEVE that you were going to eventually purchase a ticket home). BUT, you will likely need a waiver and as was suggested before, probably a good immigration attorney who can put a good spin on the appearance (not accusing here, but c'mon, a 1-way ticket?) that you were shortcutting the immigration process, entering on a tourist visa, getting married, and then filing for AOS (so you wouldn't have to wait like the legal process makes you wait). Many of the non-legal AOS filers on this very site did it the same way and pulled it off. There's a risk that is taken when the legal process (appears to be) short circuited and you dont deceive the POE officials as well as you need to. Me? I have sympathy, but the straightforward, legal way is the best even if the couple becomes impatient with the process. Good luck on your waiver.

Regards,

David and Nitadyah

[manda 1]

yea i agree the 1 way ticket was a bad idea, wish i knew more about us immigration law at the time, it was just a visit tho, we were planning on touring so didnt know which airport i was leaving from us/can or when i was leaving.

anyway, does anyone know what waiver i would need?

[zqt3344 21]

1. You were flagged, entering, on a one-way ticket.

2. One month later you got married in Canada to the USC you were coming to visit.

Now you are trying to re-enter but the record is pretty plain. Circumstantially, it's going to appear you were entering to stay. From your story, it sounds here like you were (and I actually have sympathy for you and BELIEVE that you were going to eventually purchase a ticket home). BUT, you will likely need a waiver and as was suggested before, probably a good immigration attorney who can put a good spin on the appearance (not accusing here, but c'mon, a 1-way ticket?) that you were shortcutting the immigration process, entering on a tourist visa, getting married, and then filing for AOS (so you wouldn't have to wait like the legal process makes you wait). Many of the non-legal AOS filers on this very site did it the same way and pulled it off. There's a risk that is taken when the legal process (appears to be) short circuited and you dont deceive the POE officials as well as you need to. Me? I have sympathy, but the straightforward, legal way is the best even if the couple becomes impatient with the process. Good luck on your waiver.

Regards,

David and Nitadyah

DAN you the Man! Dan is right once again. You are had and caught doing what so many others have tried in previous years and gotten by with it on a tourist visa, but it appears USCIS is screwing down finally after all these years and enforcing US immigration laws.

You are going to have to wait 5 years of ban or file a waiver which is no guarantee even then, good luck, next time follow the US immigration laws.

[Singers 0]

Actually misrepresentation carries a lifetime ban from the country which can be overcome by a waiver (I-601). The 5 year ban previously mentioned only comes into play if you tried to re-enter after you were denied at the POE.

If you voluntarily withdrew your application, you should not need a waiver for deportation (I-212). However if you had an Expedited Removal you will need to file I-212. You should have paperwork or this written in your passport. (It would be 212a6c)

If you need additional assistance (and they will be non-judgemental and helpful) visit www.immigrate2us.net They have examples of the hardship letter you will need to file along with your waivers. They will also recommend good immigration attorneys. I wish you the best of luck.

[Singers 0]

Never mind.. I just saw the other thread..

[manda 1]

i didnt try to re enter after i was denied at the poe.

i do have a 212a6ci on my passport, that is for apparant misrepresentation isn't it?

212a9ai is for deportation or removal which i don't have written on my passport

[manda 1]

Another question i have is this:

When i got denied entry back in november, we saught lawyers to ask for help.

we were advised the best corse of action would be to marry and apply for a spousal visa.

we thought we may marry at some point anyway, but not this soon, so we did.

we hired the lawyer, paid him loads of money

should he have known, by the codes on my passport, that we would have got denied.

if so, i will be sueing him, he's turned out to be completley incompitent

[Alt name 1]

WHEN: You were stopped and asked to return, you were deported. Involuntarily. Whether you think so or not, the POE experience was not "voluntary". Personally, i think it sucks. But man, the whole appearance was bad you know, probably even to the interviewer. <shrug> even we tried for a tourist visa, but after we filed. They explained the whole tourist visa thing to us, and the rules, and basically, unless you can prove you absolutely intended to return (it wasnt good enough that my wife had a house there that she had to return to sell either) then they won't issue one. It's worse though, that they catch (and yes, deport) someone trying to come in, then that person shows up at an interview a year later after having married one month after being turned away, and trying to convince the interviewer that "no, that one-way ticket was coincidence". There is no replacement for just digging in and suffering through the legal process. It's a shame they don't catch more, because it is situations like this that keep us apart from our loved ones, when we really fully are following the legal process, and deny us the opportunity to enjoy time with each other and obey the rules too.

Another question i have is this:

When i got denied entry back in november, we saught lawyers to ask for help.

we were advised the best corse of action would be to marry and apply for a spousal visa.

we thought we may marry at some point anyway, but not this soon, so we did.

we hired the lawyer, paid him loads of money

should he have known, by the codes on my passport, that we would have got denied.

if so, i will be sueing him, he's turned out to be completley incompitent

[emt103c 10]

yea i agree the 1 way ticket was a bad idea, wish i knew more about us immigration law at the time, it was just a visit tho, we were planning on touring so didnt know which airport i was leaving from us/can or when i was leaving.

anyway, does anyone know what waiver i would need?

You will need both 601 and 212 filed together, probably at the interview.

[manda 1]

great, i should have just let the us government pay for the flight then, it cost me 1500.

[emt103c 10]

They told you you needed the waivers at the interview, right??

[Singers 0]

To clarify, the Immigration Officer at your POE decided to put you in Expedited Removal. Expedited Removal is the process used to remove people who attempt to enter the US without proper documentation. (remember that "code" in your passport referring to documentation? yup.) If the officer believes the person is attempting to enter for purposes other than what is stated in their documents ( that would be the misrep part and the you intended to work here part), through fraud or without proper documents, they can refuse that person entry and order them to leave immediately. This results in a 5 year ban. (misrep is a lifetime ban) You cannot challenge the POE officer's decision. (unless you are claiming asylum or are a US citizen or permanent resident.)

As another member explained to you, you will not have a "code" for Expedited Removal. This is because you cannot be charged with Expedited Removal. Think of the codes as your "crimes." Being arrested (expedited removal) isn't a crime, it is the result of the crime.

The process works like this: You will apply for a spousal visa (K-3). You will be denied and handed a slip with their reasons for the denial. These will be the same as the "codes" in your passport. At this time you will be able to file waivers. Even though you cannot submit a waiver until you are officially denied, you should start working on them now. The USC has to provide a letter of extreme hardship and submit this with your waiver. The letter of extreme hardship (written from the USC prospective) must be UNEMOTIONAL and FACTUAL. (They do not care if your heart is broken being apart or anything along those lines. I know I sound harsh but that is the truth.)

If you have not done so, visit the immigrate2us.net now to see example letters. Learn what a level 1,2 and 3 arguments are and start collecting evidence supporting the ones you have.

Or ultimately if you do not want to fight this, you can have your USC spouse move to your country...

Good Luck.

[*Giuly and Rocky* 0]

To clarify, the Immigration Officer at your POE decided to put you in Expedited Removal. Expedited Removal is the process used to remove people who attempt to enter the US without proper documentation. (remember that "code" in your passport referring to documentation? yup.) If the officer believes the person is attempting to enter for purposes other than what is stated in their documents ( that would be the misrep part and the you intended to work here part), through fraud or without proper documents, they can refuse that person entry and order them to leave immediately. This results in a 5 year ban. (misrep is a lifetime ban) You cannot challenge the POE officer's decision. (unless you are claiming asylum or are a US citizen or permanent resident.)

As another member explained to you, you will not have a "code" for Expedited Removal. This is because you cannot be charged with Expedited Removal. Think of the codes as your "crimes." Being arrested (expedited removal) isn't a crime, it is the result of the crime.

The process works like this: You will apply for a spousal visa (K-3). You will be denied and handed a slip with their reasons for the denial. These will be the same as the "codes" in your passport. At this time you will be able to file waivers. Even though you cannot submit a waiver until you are officially denied, you should start working on them now. The USC has to provide a letter of extreme hardship and submit this with your waiver. The letter of extreme hardship (written from the USC prospective) must be UNEMOTIONAL and FACTUAL. (They do not care if your heart is broken being apart or anything along those lines. I know I sound harsh but that is the truth.)

If you have not done so, visit the immigrate2us.net now to see example letters. Learn what a level 1,2 and 3 arguments are and start collecting evidence supporting the ones you have.

Or ultimately if you do not want to fight this, you can have your USC spouse move to your country...

Good Luck.

Ok, I'm getting confused here...how do you understand its a Expedited Removal and no a Deny Entry? From the codes they write on your passport?

They've sent me back too and put just 212( a ) on my passport and now I'm worry I need a waiver?! It happens more than one year ago and we still have to file for our K1 petition but I'm kind of worry now...plus when they tell u u need a waiver does it mean that when and if the waiver is approved you will have to start your application from the begginer or just have a other interview???

[Mz_Barracuda 1]

great, i should have just let the us government pay for the flight then, it cost me 1500.

so, instead of YOU paying for YOUR OWN ticket, you say you should have let the US goverment pay for it, meaning ME and all the other USA Taxpayers! wow, and people why the Americans get offended at times!