Refused entry 2 times German Passport

[jaffar 2]

My wife was refused twice from US. First time they put this stamp:

REFUSED

Per 8 CFR 217.4(b)

charges: 212a7AI

I am not sure if it has something to do with my daughter as she was born in US, and she was with her at that time.

The second time when she was refused they wrote in her passport like this:

Refused

8 CFR 217.4(a)(1)

and made her sign a writen statement in which stated that she lied, that she was never been refused entry into the US.

Could someone plz help me to this matter I will realy appreciate your help ..... thanks in advance.

Edited May 9, 2012 by Kathryn41
personal contact information removed for privacy reasons -use PM function instead

[Inky 1,110]

Was she tryin to apply for a tourist visa when this happened? or what she trying to enter the country already had the tourist visas? Need some more details behind what happened.

[I AM NOT THAT GUY 5,715]

It looks like she was refused the first time for not having sufficient documents to enter the US. The second time, she lied about the first time. Looks like she will never be allowed to enter the US without a waiver.

http://www.americanlaw.com/exclude8.html

[WrightFamily 34]

This matter requires an Attorney!!

[jaffar 2]

Was she tryin to apply for a tourist visa when this happened? or what she trying to enter the country already had the tourist visas? Need some more details behind what happened.

Well she has a German passport she don't need a visa to travel to US under Visa Waiver. She came to US first time in 2002 at that time she was pregnant ..... because of some complication she couldn't go back to Germany as her doctor advise her not to travel. so she had overstayed her visa of 3 months. Now after 1 year of my daughter's birth my wife and my daughter went to Germany for a while. So when they came back then she was refused for the first time. Please keep me posted and thanks for such a quick response.

[jaffar 2]

It looks like she was refused the first time for not having sufficient documents to enter the US. The second time, she lied about the first time. Looks like she will never be allowed to enter the US without a waiver.

http://www.americanlaw.com/exclude8.html

dose she has a bar or any other restrictions ? if there is then what should be the measures ...? thanks how can she get the waiver.

[adherman 0]

The first refusal was because she overstayed her tourist visa. She stayed in the US too long for a tourist visa but did not have proper documentation for a an immigrant visa.

The second refusal it looks like it was either because she lied about what happened the first time or she lied while getting the first visa.

Basically because she overstayed her visa they're saying she misrepresented her intentions of coming to the US as a tourist. Since she signed that paper they have the proof they need - she shouldn't have done that.

You can file a waiver for the inadmissibility but you should really get a lawyer.

[Shoot Em Straight 385]

Well she has a German passport she don't need a visa to travel to US under Visa Waiver. She came to US first time in 2002 at that time she was pregnant ..... because of some complication she couldn't go back to Germany as her doctor advise her not to travel. so she had overstayed her visa of 3 months. Now after 1 year of my daughter's birth my wife and my daughter went to Germany for a while. So when they came back then she was refused for the first time. Please keep me posted and thanks for such a quick response.

This could be the problem???

[jaffar 2]

The first refusal was because she overstayed her tourist visa. She stayed in the US too long for a tourist visa but did not have proper documentation for a an immigrant visa.

The second refusal it looks like it was either because she lied about what happened the first time or she lied while getting the first visa.

Basically because she overstayed her visa they're saying she misrepresented her intentions of coming to the US as a tourist. Since she signed that paper they have the proof they need - she shouldn't have done that.

You can file a waiver for the inadmissibility but you should really get a lawyer.

Thanks for your loyal advise and i really appreciated ur quick response ... do u have any idea if she has any sort of bar on her?

[jaycali 415]

The first refusal was because she overstayed her tourist visa. She stayed in the US too long for a tourist visa but did not have proper documentation for a an immigrant visa.The second refusal it looks like it was either because she lied about what happened the first time or she lied while getting the first visa.Basically because she overstayed her visa they're saying she misrepresented her intentions of coming to the US as a tourist. Since she signed that paper they have the proof they need - she shouldn't have done that. You can file a waiver for the inadmissibility but you should really get a lawyer.

I concur. But since she's German, she doesn't need a visa to travel to the US as a tourist. She likely travelled on the VWP. All you have to do is show up at the airport with a valid ESTA (or I-94W back in the day) which you fill out prior to travel (or on the plane for I-94W). If she came on ESTA, the condition is that she checked "no" for previous overstay. If she checked "yes" on ESTA, it wouldn't have been approved, and she would have had to apply for a B-2. If she checked "no" on ESTA for previous overstay, went to the US and the CBP pulled up her previous overstay on their computer.. That equals misrepresentation.

Edited May 8, 2012 by jaejayC

[belinda63 2,981]

Confused here, do you live in the US? You say when your daughter was one year old she returned to Germany for a while so was she in the US for a period of time other than the three months overstay you mentioned? Just trying to clarify the entire situation.

She needs an attorney as they have charged her with misrepresentation which can carry a life time ban from entering the US.

[jaycali 415]

Thanks for your loyal advise and i really appreciated ur quick response ... do u have any idea if she has any sort of bar on her?

With a misrepresentation charge, unfortunately she likely has a 10+ year bar.

[Tygrys 143]

My wife was refused twice from US. First time they put this stamp:

REFUSED

Per 8 CFR 217.4(b)

charges: 212a7AI

I am not sure if it has something to do with my daughter as she was born in US, and she was with her at that time.

The second time when she was refused they wrote in her passport like this:

Refused

8 CFR 217.4(a)(1)

and made her sign a writen statement in which stated that she lied, that she was never been refused entry into the US.

Could someone plz help me to this matter I will realy appreciate your help ..... thanks in advance.

The first charge 212(a)(7)(A)(i)(I) is just basically "immigrant with non-immigrant visa". They didn't believe her that she will return to Germany after 3-months VWP stay.

Already at this point you should have applied for CR1 immigrant visa for your wife. Trying to enter again on VWP had no chance of success... you know, these CBP guys have computers there at the border.

The second one is actually the same... I cannot find anything about material misinterpretation which is INA 212(a)(6)©(i).

8 CFR 217.4(a)(1) is just inadmissability clause: "An alien who applies for admission under the provisions of section 217 of the Act, who is determined by an immigration officer not to be eligible for admission under that section or to be inadmissible to the United States under one or more of the grounds of inadmissibility listed in section 212 of the Act (other than for lack of a visa), or who is in possession of and presents fraudulent or counterfeit travel documents, will be refused admission into the United States and removed. Such refusal and removal shall be made at the level of the port director or officer-in-charge, or an officer acting in that capacity, and shall be effected without referral of the alien to an immigration judge for further inquiry, examination, or hearing, except that an alien who presents himself or herself as an applicant for admission under section 217 of the Act, who applies for asylum in the United States must be issued a Form I–863, Notice of Referral to Immigration Judge, for a proceeding in accordance with §208.2(b)(1) and (2) of this chapter."

One way or another, your wife will be never able to enter US on any non-immigrant visa (or waiver thereof) again.

You should petition for her to get CR-1 spousal visa. If CR-1 is denied, only then will she need to file for a I-601 waiver.

Edited May 10, 2012 by Kathryn41
: personal contact information removed from quote for privacy reasons -use PM function instead

[milimelo 4,201]

From 2002 she's been coming and going on VWP? Have you ever heard of I-130 petition that YOU need to file for your spouse to get her into the US? I hope you're a USC as you're looking into hardship waiver...

[bigdog 376]

Get a very good immigration attorney, DIY cannot solve this.