May i ask if they used your return ticket when you were deported or did they shoulder your airfare for your deportation?

As per my case, they used my return ticket and no mileage was earned for the roundtrip tickets. Do you have the same experience?

Just need to find out. Thanks in advance for your reply.

my ex paid for his own ticket when he got deported. did I answer your question?

Were you actually deported or refused entry?

My fiance was denied entry and they used his return ticket to send him back.

1111 has a waiver under Section 212 listed in his profile prior to the K-1. Doesn't that imply that he is inadmissible, and therefore may have been removed (voluntary) rather than refused entry?

Silly rabbit, I don't look for details!
to the mermaid.


Just sort of wondered what removables would still have their return ticket. Something in Secondary?
Oh well, I'll go do some reading and see..

I was refused an entry, then they cancelled my visa. They sent me back using my return ticket. Isn't it deportation? I was asked to file for I-212 so I filed it.

Ah, details...more light. What type of visa? B1/B2? Circumstances for refused entry? Could be an expedited removal.

Yes, B1/B2 - tourist visa, 10 year multiple re-entry. Well, on my last visit prior to being refused an entry, I had worked for a family friend to fund my trip, and they found out about that for some reason. They interrogated me and I had to admit it to them. I don't know what it's called, but as I've stated earlier they cancelled my visa and sent me back to my country. The INS officer told me I can only go back to US with a waiver and marry a US citizen, but the embassy here told me if I have a fiance he can file a fiance visa for me provided I have the I-212. I have a 5 year ban on reentry, it has been 3 years since i was refused an entry. Any thoughts?

Unauthorised work on a B1/B2 visa during a prior vist, and you were therefore refused entry on your next visit? What section of 212 was listed on the passport?

If a non-immigrant violates the terms of status of a visa of any sort, the alien is then considered out of status. I believe this applies to unauthorised employment. Normally, any out of status bar triggered after leaving the country would only be 3 years, as long as you did not remain out of status over 180 days. In this case, since you say that it is a 5 year bar on readmission, it seems as if the POE considered yours an expedited removal. You should consult an immigration attorney to check the process, but I sense that the 212 waiver would be required to overcome the "alien previously removed" issue.

"The new INA §212(a)(9)(A) provides that an alien who has been ordered removed under the new INA §235( (1) [summary removal upon inspection of applicants for admission] or at the end of removal proceedings under the new INA §240 initiated upon the alien's arrival in the United States [an exclusion proceeding] and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible."

Thank you, my answer to your first statement is yes.

On my visa, they wrote ER 212(a)(7)(A)(i)(I) and then there is another one, 22 CFR 41 122 (h)(3). On my notice, they checked the 5 year ban under section 235((1) of the act. It also states that if I desire to reenter during the period I am barred, I must request and obtain a permission from the Attorney General to reapply for admission into the US, and that should be done prior to travelling to the US.

I don't know what POE means, but I am just going tthrough the procedure I was advised by the immigration officer at the SF airport and the DHS officer at my embassy.

I was never out of status though. I was approved of extension of stay during that visit and did not maximize it. I was never unlawfully present to US, except that I worked on a tourist visa. I was never convicted of any crime nor misdemeanor nor felony.

I will write in another page what i have read about the ER 212 and the 22 CFR. Thanks again.

22CFR41.122(h)(3)

41.122
(h) Revocation of visa by Immigration Officer
An Immigration officer is authorized to revoke a valid visa by physically canceling it in accordance with the procedure prescribed in paragraph © of this section if:
(3) If the alien notified pursuant to INA 235 ( by an immigration officer at a port of entry that the alien appears to be inadmissible to the United States and the alien requests and is granted permission to withdraw the application for admission.

© Procedure for physically canceling visas
A non-immigrant visa which is revoked shall be cancelled by writing or stamping the word “REVOKED” plainly across the face of the visa. The cancellation shall be dated and signed by the officer taking the action. The failure of the alien to present the visa for cancellation does not affect the validity of action taken to revoke it.

212(a)(7)(A)(i)(I)

212 GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILITY

(a) CLASSES OF ALIENS INELIGIBLE FOR VISAS OR ADMISSION.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States: -
(7) DOCUMENTATION REQUIREMENTS.-
(A) IMMIGRANTS.-
(i) IN GENERAL.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-
(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a), or

( NONIMMIGRANTS.-
(i) IN GENERAL.-Any nonimmigrant who-
(I) is not in possession of a passport valid for a minimum of six months from the date of the expiration of the initial period of the alien's admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to and enter some other country during such period, or

212(a)(9)
212 GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF INADMISSIBILITY

(a) CLASSES OF ALIENS INELIGIBLE FOR VISAS OR ADMISSION.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States: -
(9) Aliens previously removed.-

235((1)
235 INSPECTION BY IMMIGRATION OFFICERS; EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS; REFERRAL FOR HEARING
( INSPECTION OF APPLICANTS FOR ADMISSION.-
(1) INSPECTION OF ALIENS ARRIVING IN THE UNITED STATES AND CERTAIN OTHER ALIENS WHO HAVE NOT BEEN ADMITTED OR PAROLED.-


Sorry, the emoticon with shades is supposed to be ( b ).

Right. I'm not well versed in all of this, but my suspicion is that you should speak with an immigration attorney if you are planning to immigrate as a fiancé. It seems that you will have to file the waiver (212) for any future admission prior to the 5 year ban.

The notations on your passport indicate that the POE (port of Entry) agent cancelled your visa on your last attempt to enter the country, due to an issue of admissibility and placed you in expedited removal (the notation ER before the Section 212 admissibility issue), hence, the 5 year bar.

The 212(a)(7)(A)(i)(I) appears to suggest that the POE agent determined that you were an intending immigrant not holding the proper documentation (i.e. a person who was travelling under a non-immigrant visa but for all intents and purposes was entering the country with an intent to remain). Note that all entrants are perceived as "intending immigrants" and must overcome the perception by demonstrating significant ties to his/her native land. I don't know what discourse led the POE agent to this conclusion. It could ahve been the number of times you were here, the frequency of visits, the fact that you accepted employment while here to be able to extend your visit, or simply the fact that there was little evidence presented to show that your visit was temporary and that you intended to resume liviing in your native land prior to the expiration of the I-94.

As to the notation, 22 CFR 41 122 (h)(3) which is relative to withdrawal of an application, my understanding is that a POE will either undertake ER and as a consequence a bar on future admission would be imposed, or offer an entrant the opportunity to withdraw the application for admission. Were you asked to withdraw the application and voluntarily get back on a plane to return home? Did you sign any other papers presented to you at the POE?

Wow, you analyzed my situation very well!

The truth was on that attempt to visit when I was refused an entry, I was not really wanting to stay in US to work anymore. I was just visiting for Christmas to see my family, but I was travelling with my two nieces. It could be because my family is living in US, so they thought I might stay there to be with my family for good. They also saw something in my journal about my plans of being independent, like places to stay, my monthly budget and stuff like that, but they just assumed those were my plans for living in the US when in fact those were my plans in living independently in my country. The places were specific to my country, but of course they did not want to believe that. And yes, it was supposed to be my third visit to US. You are probably right I was not able to demonstrate ties in my native land, and was assumed as intending immigrant.

About the 22 CFR 42 122 ( h ) ( 3 ), I was not given the opportunity to withdraw the application for admission. They did not offer me anything like that, instead they interrogated me and put everything into documentation and had me signed it and took my fingerprints, then they sent us back. My two nieces' visas were cancelled too.

Anyhow, I have filed my I-212 and my fiance filed the I-129F for me already. We are just awaiting for the results for both. We declared my fiance visa petition to my I-212 application, and the same thing we did with I-129F, I-212 application was declared.

Thank you very much for your helpful information. After almost 3 years, i am just understanding what exactly happened to me at the airport. It was a terrible experience for me, and for sometime I could not accept it ever happened to me. I chose to move on though until I found my fiance and have to go through this procedures. I'll do everything just for us to be together already

1111 - Do you have an attorney? The reason I ask if because from everything I have read on I2US, the 212 can only be filed in the US when you are adjusting from another legal visa type. Since your fiance has submitted an I-129F petition, I assume you are in your home country now where you may eventually be denied your visa and then told to submit the 212 there. If that is the case, my assumption is the 212 should not be in San Francisco -my understanding is that it cannot be submitted prior to a visa denial when USCIS has to tell you what kind of waiver you need to apply for. Make sense? If you haven't already seen her, there is a great immigration attorney well versed in waivers who participates in I2US and she also does free chats on Wednesday mornings at 11 am central time. It might be worth it for you to attend her chat this week and do a phone or email consultation with her to be sure you are clear on your situation. Her website is visacentral.net

Good luck

Hi kitkat1,

The reason I applied ahead of I-129F application and visa interview was because I went to the DHS office at our local US embassy and I was told that I can either wait for my interview here and file my I-212 through the consul general or I can file it ahead at the district office where my deportation was held. The form I-212 states the same. Athough, it would be nice to chat with the immigration lawyer you mentioned. I will try my best to chat with her on Wednesday.

Thank you very much for this information