Inadmissible under 212(a)(7)(A)(i)(I) & Expeditied Removal 235 (b)(1) - Whats Next? What forms? All help appreciated :) (merged)

[gililimo 0]

Hello everyone!

I hope you all are doing fine and everything is well. I am new to this forum, so nice to meet everyone and I appreciate all responses and help.

I am writing on behalf of my girlfriend and trying to get some help on what can be done and what are the options and advice. I will try to make this as short as possible, if it is too much too read I will put some straight forward "to the point" short version. A little problem occurred a couple weeks ago when she was arriving from Israel into the United States. A little background information, my girlfriend is a Citizen of Israel. She had a full tourist visa intact at the time of arrival. Prior to arriving a few months ago, she has been in the United States 2 other times, one was 2 months before (she had to leave for a surgery) and one was about a year ago. Every time she has entered the United States have all been legal on a tourist visa and she has never overstayed her time. Upon arriving she was greeted at customs and I believe what raised a red flag was that she was just here 2 months ago so they immediately brought her into an interrogation room. In this room they requested her cell phone, which she gave to them. The officer looked through her phone for quite a while and found a couple text messages of her looking for work in the United States. They interrogated her very badly and of course threatened to throw her in jail and ban her from ever entering the United States again. She admitted to working as a paid baby sitter 1-2 times a week on her past stay for about 2 months. They asked her in the transcript if she knew she could not work and she said she did not know babysitting was considered a job. They also found out that she has a boyfriend here. She told them she was here for vacation and to see me, this was the truth, although I don't know if they liked the boyfriend idea so much. I do not see that they gave her an option to ever withdraw and go back on her own. At the end of the meeting and transcript, they said she "has been found inadmissible to enter the United States under section 212(a)(7)(A)(i)(I) of the Immigration and Nationality act, as amended, an immigrant at the time of application for admission who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document, because you engaged in unauthorized employment on your prior entry." With this, she was also sent back on the next flight. It says "You are being refused admission to the United States under the Expedited Removal Provisions of section 235(b)(1) of the INA, as amended. Your are barred from entering the United States for a period of no less than five years from the date of your refusal if you attempt to reenter the United States within that time, you could be subject to criminal prosecution." So basically she is inadmissible under section 212(a)(7)(A)(i)(I) and an Expedited Removal 235(b)(1). The officer told her that she can reapply for another visa and this 5 year bar is just for the tourist visa, but upon looking further into this, I found out that it is not true. I am guessing they told her that to relax her and calm her down from the situation. Anyways, my question now would be what's next? I love my girlfriend and would really like her to come back into the United States. We would do anything it takes. The truth is she really was going to go back to her country after staying just a few months and not live here forever illegal. We have had these conversations and that was NEVER an option. We do want to get married. What can we do? I have done plenty of research online and from what I see is we definitely need a I-212 waiver to be filed. What are success rates and the time of process? Is it different on every case? Another main question that I still don't know the answer to is do we need a I-601 waiver as well? Many lawyers and people are QUICK to say you need a I-212 and a I-601, but upon further looking into these waivers many people say that under section 212(a)(7)(A)(i)(I), a I-601 waiver is not necessary. Also looking at the I-601 form its self, when it says what are you inadmissible for, section 212(a)(7)(A)(i)(I) is NOT labeled there which makes me think that that is not the waiver that is needed and is or a 3-10 year ban, not the 5 year ban. Please help if anyone knows the answer to this question it would really help. Every lawyer I speak to has a different answer. I know the 601 waiver would be much more lengthy and hard in this situation. Also, should we file for a fiance visa/get married then do these waivers? Or does that not matter to the situation. Thank you so much for reading this and again, any information, experience, and advice will help. Weather from a lawyer, or an individual who has been through this or can help. I appreciate it thank you !

SHORT VERSION :

Girlfriend has came into the United States from Israel. Has been in the USA 2 prior times, never over stayed and always had a valid Tourist Visa. On the 3rd entry, probably caused a flag why she was just here they brought her into an interrogation room. Looked through her cell phone and found text messages of her looking for work on the prior stay in the US. My girlfriend admitted to working for 1 month 1-2 times a week. She was then sent back on the next flight. She has "been found inadmissible to enter the United States under section 212(a)(7)(A)(i)(I) of the Immigration and Nationality act" because of the working and also was Expedited Removal 235(b)(1). What is next? We want to get married and of course would do anything to have her back here. Does she need the I-212 waiver and the I-601 waiver, or just the I-212 waiver which is what I think she needs. Again everyone has a different say but any information will help. I am pretty sure for section 212(a)(7)(A)(i)(I) the I-601 is NOT needed, as that is also not even an option on the actual form. Please help again any information is appreciated on what we can do about it, and what should be the next steps. Thank you very much !!

Edited November 19, 2014 by gililimo

[Jawaree 717]

Immigration officers don't know the laws they know & is trained

how to scrutinize ppl coming and going at POE or borders,

so many times information they give out is not correct.

People should always clear text messages coming thru any

airport ,and working gets one banned from any country if

they do not hold a permit to work.

You can file a K1 petition for her , I212 will definitely be needed

the consular will say if she need the I601, who knows, but I would

prepare one....call Lizz Cannon her consult via phone is free, she

will advise U on the best thing to do

Edited November 19, 2014 by Jawaree

[gililimo 0]

Hey how are you?

Thanks for your fast reply. Yeah I know, I am sure they just told her that to not make it look so bad, plus what do they care at that point. Of course, definitely a lesson learned the hard way. If a I-601 is needed, doesn't the person filing need to be already married before this can be filed? Do you know if the K1 petition would be filed before the I-212, or does that come after the I-212? I have just looked into Lizz Cannon, I appreciate the referral and will definitely give her a call. Thank you

Immigration officers don't know the laws they know & is trained

how to scrutinize ppl coming and going at POE or borders,

so many times information they give out is not correct.

People should always clear text messages coming thru any

airport ,and working gets one banned from any country if

they do not hold a permit to work.

You can file a K1 petition for her , I212 will definitely be needed

the consular will say if she need the I601, who knows, but I would

prepare one....call Lizz Cannon her consult via phone is free, she

will advise U on the best thing to do

[Hypnos 6,576]

Consult an experienced immigration attorney; Liz Cannon as suggested is a good first step.

It sounds as if she needs the I-601 at a minimum, and perhaps an I-212 as well; I'm unsure on that point.

[gililimo 0]

Hey thank you for the response, I will definitely check with Liz Cannon and see what she says. As mentioned many resources online show that the 601 wavier is not for a 212(a)(7)(a)(I)(I), I will check and see what she says as it looks like this is a question for the expertise in this topic. Thank you for responding!!!!

Consult an experienced immigration attorney; Liz Cannon as suggested is a good first step.

It sounds as if she needs the I-601 at a minimum, and perhaps an I-212 as well; I'm unsure on that point.

[gililimo 0]

Girlfriend has came into the United States from Israel. Has been in the USA 2 prior times, never over stayed and always had a valid Tourist Visa. On the 3rd entry, probably caused a flag why she was just here they brought her into an interrogation room. Looked through her cell phone and found text messages of her looking for work on the prior stay in the US. My girlfriend admitted to working for 1 month 1-2 times a week. She was then sent back on the next flight. She has "been found inadmissible to enter the United States under section 212(a)(7)(A)(i)(I) of the Immigration and Nationality act" because of the working and also was Expedited Removal 235(b)(1). She has been banned for 5 years. What is next? We want to get married and of course would do anything to have her back here. Should we start with a K-1 Fiance VISA? Can this be filed right away or will she immediately be denied for this? Any input will help! thank you !

Edited November 19, 2014 by gililimo

[gililimo 0]

Girlfriend has came into the United States from Israel. Has been in the USA 2 prior times, never over stayed and always had a valid Tourist Visa. On the 3rd entry, probably caused a flag why she was just here they brought her into an interrogation room. Looked through her cell phone and found text messages of her looking for work on the prior stay in the US. My girlfriend admitted to working for 1 month 1-2 times a week. She was then sent back on the next flight. She has "been found inadmissible to enter the United States under section 212(a)(7)(A)(i)(I) of the Immigration and Nationality act" because of the working and also was Expedited Removal 235(b)(1). She has been banned for 5 years. What is next? We want to get married and of course would do anything to have her back here. Should we start with a K-1 Fiance VISA? Can this be filed right away or will she immediately be denied for this? Do we need a 601 and 212 waiver? Any input will help! thank you !

[Transborderwife 4,666]

K1 would be denied. She needs an I-212 waiver. Possibly a 601 as well for the ban I'm not sure

Edited November 19, 2014 by Transborderwife

[Mike-eeh and Odie 192]

If you want to do K-1 or aspousal visa, you have to wait for her ban to lift. Your girlfriend is lucky she did not get a 10 year or permanent ban.

[Elizabeth+Fred 35]

Girlfriend has came into the United States from Israel. Has been in the USA 2 prior times, never over stayed and always had a valid Tourist Visa. On the 3rd entry, probably caused a flag why she was just here they brought her into an interrogation room. Looked through her cell phone and found text messages of her looking for work on the prior stay in the US. My girlfriend admitted to working for 1 month 1-2 times a week. She was then sent back on the next flight. She has "been found inadmissible to enter the United States under section 212(a)(7)(A)(i)(I) of the Immigration and Nationality act" because of the working and also was Expedited Removal 235(b)(1). She has been banned for 5 years. What is next? We want to get married and of course would do anything to have her back here. Should we start with a K-1 Fiance VISA? Can this be filed right away or will she immediately be denied for this? Any input will help! thank you !

As previously mentioned, not much you can do, as she has a 5-year ban. That doesn't change for a K-1, nor does

it change if you get married first and then file for an IR-1 (spouse visa.) I fear the only option you have is for you to

move to her for now, possibly get married, and then return to the U.S. around the time her ban is 'done'.

Sorry we can't offer you better news on this...

--fred

[Transborderwife 4,666]

If you want to do K-1 or aspousal visa, you have to wait for her ban to lift. Your girlfriend is lucky she did not get a 10 year or permanent ban.

Wrong. Waivers can be granted for both. For a 601 hardship for the USC must be proven which is not easy

Edited November 19, 2014 by Transborderwife

[gililimo 0]

K1 would be denied. She needs an I-212 waiver. Possibly a 601 as well for the ban I'm not sure

Hey how are you? Thanks for your reply! So you think the I-212 needs to be filed before anything? Seek approval and then go from there? Should that be the next step? Thank you

[gililimo 0]

If you want to do K-1 or aspousal visa, you have to wait for her ban to lift. Your girlfriend is lucky she did not get a 10 year or permanent ban.

Hey as mentioned in in the threads including this one there are waivers to be filed.

[Transborderwife 4,666]

I'm uncertain of the steps exactly. However I would definitely consult an immigration lawyer. This is not do it yourself.

[gililimo 0]

Wrong. Waivers can be granted for both. For a 601 hardship for the USC must be proven which is not easy

Hey once again thank you for the input! I knew that was wrong. So what do you think the next steps should be? Do we file a 212 first? I'll be honest I feel like even lawyers don't know the answer because everyone has a different answer. I know given a 601 would be hard to prove hardships, does this matter definitely need a I-601 or would a i-212 first be OK and take it from there? I have paid for consultations and left with nothing every lawyer says something else. I feel it's a very gray area on what to do. Thank you so much !!

As previously mentioned, not much you can do, as she has a 5-year ban. That doesn't change for a K-1, nor does

it change if you get married first and then file for an IR-1 (spouse visa.) I fear the only option you have is for you to

move to her for now, possibly get married, and then return to the U.S. around the time her ban is 'done'.

Sorry we can't offer you better news on this...

--fred

Hey Fred, although the news that you gave was not so great LOL I still really appreciate you giving your input and thank you for that !! I will continue looking for a better route to go. Thanks a lot