Bf was not admitted 212(a)(7)(i)(I)

[inneedofmyhb 217]

Hi everyone,

 

I am new here. I have read many posts similar to mine. I will make my story short but need help. I've consulted immigration lawyers and get different stories. I'm tired of spending the consult fees.

BF from Argentina was here last year on 6 month visitor visa. He applied and received an extension and stayed 1 year. He went back 2 months ago. Last Friday the 14th after arriving at airport, he was taken back to secondary immigration and questioned because he didn't have a return ticket. A return ticket was not purchased because we didn't know how long they would allow him to stay. After they took his cell phone away and saw pics of him with me and yes, he did work for cash while here last year. He was sent back as 212(a)(7)(i)(I) inadmissible. Our plans were to marry when he came back and then I would apply for change of status. If anyone has been through this and can guide me on what to do...PLEASE HELP ME!! waivers 212 601!?!? I am willing to drop everything and move to Argentina and marry him there first! Help!!! Thank you. 

[EandH0904 1,184]

• Intending Immigrant [INA § 212(a)(7)(A)(i)(I)] – This is the most common ground of inadmissibility applied under INA § 212(a)(7).  Any foreign national who seeks to enter the U.S. and remain here permanently, or who is suspected of seeking to enter the U.S. and remain here permanently, but who does not have the proper documents to demonstrate that s/he has authorization to do so, is inadmissible.

 

so it looks like the statute with which he was denied admission, intending to remain here permanently, is exactly what you stated you were intending for him to do. Marry him while he's here and adjust his status. 

 

Renember its visa fraud to come here with the wrong visa, and it makes it that much harder for us who are doing it legally. No one likes being separated from their loved ones. It's difficult for all of us. 

 

So if you are ready to go there and get married that's probably in your best interest to do them file CR1. 

[NigeriaorBust 4,087]

  What you were planning is immigration fraud.  But now that he has been rejected he won't be back until he hold proper papers. You will need to either petition for a K1 or I130 (  fiancé or spouse )  and wait out that process.   He won't be getting another visitors visa so you will either visit him or not see each other in the mean time.  Is 212(a)(7)(i)(I)  the only thing they wrote ?

[Suss&Camm 2,213]

Your intent was visa fraud. You have gotten the only viable advice you will get. 

[Sm1smom 242]

Your boyfriend being found inadmissible makes total sense! He lived in the US for a full year on an immigrant visa, undertook unauthorized employment and returned two months later on a one way ticket with preconceived immigrant intent! Living and working on a NIV for a full year is a blatant violation of his admitted immigration status. The plan to return on a one way ticket, (barely two months after leaving), get married and undergo AOS is another fraudulent immigration attempt. 

 

So yes, your option is to move to Argentina get married and file a CR1 petition. He waits out the process outside the US. 

[geowrian 22,335]

Hello,

 

So he was in the US for a year (via the approved extension), went home for 2 months, then tried to come back to visit again? That will set off all kinds of red flags already. A general rule of thumb is to spend twice as long outside the US as in it. It very likely appeared to the CBP officer that he was living in the US. Second, he is required to prove ties to return home when entering on a tourist visa, so a lack of a return ticket raises another flag. Then having photos of a boyfriend/girlfriend is proof of a tie to the US. Third, the long stay raises questions about how he was supporting himself, which is how I'm assuming they caught him illegally working.

 

28 minutes ago, Inneedofmybf said:

Our plans were to marry when he came back and then I would apply for change of status

Your plan was to marry and then apply for AOS when he came? That is clear and blatant visa fraud. Sorry, but CBP did exactly the right thing by denying him entry as it is their job to do so in these cases.

 

Next, was he only denied entry (voluntary withdrawal of his application), or was he denied and sent home via an expedited deportation? If it was the former, then you can just apply for a K-1 visa (as you should have done originally given you plans to marry and AOS), or you can marry him abroad and then do the CR-1 visa route.

 

If it's the latter, then he has a ban and you need waivers to overcome it. The waivers can apply for either the K-1 or CR-1 route, but they will likely add a year or longer to the process, cost thousands more in immigration fees and legal fees, and are not guaranteed by any means. The waivers would come into play after the K-1 or CR-1 is otherwise approved (after the interview).

Edited April 23, 2017 by geowrian

[inneedofmyhb 217]

Thank you for your response.

 

Actually, he was not intending to stay here illegally. If that was the case, He would have never paid 300 for the extension and just stayed back then. He did it the right way by staying legal. It wasn't until right before he left that we decided to get married. I've known him for 30 years and his original visit last year was to visit his dying uncle which was the correct B visa.  We started a relationship months later. 

 

He is not here, he wasn't allowed to reenter. What is the CR1?

And yes, he was given a 5 year ban on his Visa. 

Edited April 23, 2017 by Inneedofmybf

[geowrian 22,335]

1 minute ago, Inneedofmybf said:

Actually, he was not intending to stay here illegally. If that was the case, He would have never paid 300 for the extension and just stayed back then. He did it the right way by staying legal. It wasn't until right before he left that we decided to get married. I've known him for 30 years and his original visit last year was to visit his dying uncle which was the correct B visa.  We started a relationship months later.

He left the US and planned to return and stay in the US via a tourist visa. That is fraud. If you decided to marry and adjust status before he left, that is permitted. It is not permitted to enter the US on a tourist visa with the intent to stay and file for AOS.

[Dutchster 1,106]

CR-1 is the spousal visa. You will have to travel to Argentina, get married and return to the United States to file I-130 petition that leads to the CR-1 visa.

CBP did the right thing.

[Sm1smom 242]

1 minute ago, Inneedofmybf said:

Thank you for your response.

 

Actually, he was not intending to stay here illegally. If that was the case, He would have never paid 300 for the extension and just stayed back then. He did it the right way by staying legal. It wasn't until right before he left that we decided to get married. I've known him for 30 years and his original visit last year was to visit his dying uncle which was the correct B visa.  We started a relationship months later. 

 

He is not here, he wasn't allowed to reenter. What is the CR1?

 

The fact that he undertook unauthorized employment invalidated his status as a matter of fact. So he didn't stay legal

[inneedofmyhb 217]

I do know what was viewed as fraud in regards to a one way ticket and him working for cash. It is was it is at this point. What I need is advice. I came here for advice and moral support in a time that is very hard for me. Not for anyone to rub anything in my face that I don't already know. I have all his paperwork and he did voluntary withdrawl his application. 

Edited April 23, 2017 by Inneedofmybf

[EandH0904 1,184]

Ok so the advice you seek is for you to go to Argentina and get married and file a spousal visa. There are plenty of guides here to help you in that process. 

[Suss&Camm 2,213]

1 minute ago, Inneedofmybf said:

I do know what was viewed as fraud in regards to a one way ticket and him working for cash. It is was it is at this point. What I need is advice. I came here for advice and moral support in a time that is very hard for me. Not for anyone to rub anything in my face that I don't already know. 

You have gotten the only route left for you to follow to get him back to you.  That said,  you will find little empathy from ppl on this site (that are going the legal route -and all the waiting that entails) for a situation you got yourself into that could have been easily avoidable. 

[Dutchster 1,106]

If OP has met her boyfriend within the last two years, she also qualifies for the fiancee visa. Either way, you have to travel to Argentina now since the boyfriend will not be granted entry in the US any time soon.

If you think he is the one for you, you should look into the two visas that have been mentioned here by VJ'ers.

[Becci391 339]

Move to Argentina,  get married there and file for the CR1 visa.

 

Edited April 23, 2017 by Becci391