212 (a)(7)(a)(i)(i) not deported or removed

[newacct 688]

So after a subject received 212(a)(7)(A)(i) there is no chance of getting other nonimmigrant visa anytime in future? only solution is to qualify for an immigrant visa, right?

It's not true. They determined that you failed to demonstrate to their satisfaction that you were a nonimmigrant that one time. It doesn't mean anything about any future times. Just like if you are denied a visa because you failed to sufficiently demonstrate that you were a nonimmigrant, you can apply again at any time. Of course, the same issues that led them to suspect immigrant intent probably also exist in the future, so preferably you would get stronger evidence of ties.

[ArthurSkyNet 0]

I did applied after 4 years, but my case was send for administrative process took 1 month and at finally rejected under 214b.

[Avery Cates 1,141]

So after a subject received 212(a)(7)(A)(i) there is no chance of getting other nonimmigrant visa anytime in future? only solution is to qualify for an immigrant visa, right?

You can apply and it's possible to still get a non-immigrant visa, however that chances of one being approved and issued at that point are highly, highly against you.

[JayJayH 546]

You are mistaken. A CR-1 is an immigrant visa; a K-1 is a nonimmigrant visa which permits immigrant intent.

An immigrant visa = a visa which automatically grants LPR status upon entry. A K-1 does not do that.

Yes. I should clarify - K-1 visa with dual intent. Hence "technically" though "for 'most' intents and purposes" would have been more fitting in the spirit of easing the explanation.

I did applied after 4 years, but my case was send for administrative process took 1 month and at finally rejected under 214b.

It will keep being denied under 214b for as long as the consular officer believes you won't leave the U.S.

Denial under 214b is an unusual area of law in that it is one of very few areas of law where you are presumed guilty until proven otherwise. However, since "perceived immigrant intent" is not something that can be proven, it is not something that is held against you except for that exact moment when you apply for the visa. In essence, you can be denied under 214b, but the accusation against you of immigrant intent 'disappears' once you leave the consulate. If for example, you apply for a non-immigrant visa at the age of 18, with no job and a one-way ticket to New York, you will almost definitely be denied under 214b. If you come back 5 years later to apply for a tourist visa, and now you have a career job, stable income, a wife, two kids and own a 4 bedroom house, the previous presumption does not exist.

This means that in theory, you could apply for a tourist visa every month if you like, and the outcome each time will be based on your current situation. (Though, I'd say it would be pretty suspicious if you did apply for a tourist visa every month).

You're not barred from ever getting a tourist visa. The consular officers simply aren't convinced that you're actually intending to leave the U.S. after your visit.

Edited January 12, 2016 by JayJayH

[EM_Vandaveer 2,370]

the attorney is lying and ripping you off...unless you were denied admission and expeditiously removed, no 212 is needed.

OP's lawyer told OP that no I-212 is needed.

[Jenvds 15]

We did not need the waiver. The interviewer asked about it briefly. But since the visa we applied for is an immigrant visa it wasn't an issue. He also had no issues at POE.

[nyokie 572]

Having 212 (a)(7)(a)(i)(i) stamped I my passport means I can't ever apply for a B2 visa even tho at the POE they said in order to enter the US you must have to apply for a visa.

They asked all king of questions had me sign it of cuz they will ha wit in they system.

They stop me because I didn't had a B2 visa.

[Pitaya 2,576]

~Attempted thread hijack moved to MLSA Regional Forum~

~Please, English-only in the main forum, local languages are allowed in the Regional Forums~

Pitaya

VJ Moderation

[TBoneTX 43,069]

A hijacking post has been removed -- the poster has an inquiry (in Spanish) in the Mexico/Latin/South America forum.

[juan meji 0]

On 1/11/2016 at 3:28 AM, Jenvds said:

A year ago my husband (then boyfriend) was stopped at POE and turned back to his home country. We did not understand the rules at this point and we're honest with our answers. The notation on his passport said : 212 (a)(7)(a)(i)(i)

I see other people post that they were either "removed" or "voluntarily withdrew". In the signature section of the paperwork given to him it uses neither of these terms. It just says "found inadmissible... Weak ties... Will not be allowed to enter without a valid non immigrant or immigrant visa"

The officers said this would not affect our application for a k1 or cr1 visa, but they have been known to say things that are not factual.

We hired a lawyer (huge mistake) and he did not say anything about needing a waiver.

We made it through the USCIS. We have been granted an expedite so we are bypassing the NVC and going straight to the consulate in Amsterdam.

I am concerned that we need a waiver i-212. Do we need it? If we do, when will we be told? How do you get one approved? (where is it sent? How long does it take?)

I thought we were clear because of the officer and our lawyer both saying it's not needed, but I've seen others here recently with the same inadmissibility "code" talking about waivers. But their stories were all a bit more complicated than ours.

Please help if you can!?! I feel like I haven't had any moment of rest since this process started. There's always another hurdle or worry.

Using Form I-212 to Request Reentry Following Removal

By filing USCIS Form I-212 (along with supporting documents and a fee), an alien can ask the U.S. government for permission to apply for entry before the required waiting time is complete. Form I-212 is called an "Application for Permission to Reapply for Admission into the United States after Deportation or Removal." You will need to support your application by showing numerous factors in your favor, such as family ties in the United States, your rehabilitation after any criminal violations, your good moral character and responsibility for a family, and more before you can return to the country.

An alien who left the U.S. voluntarily and was not legally removed or deported by the U.S. government can petition to reenter the U.S. without filing Form I-212.

[Bendite 26]

We filed our I-130 withour I-212 together our attorney was able to use a similar case and we submitted a 400 page packet we are anxiously waiting for our CR1 spouse Application to be approved approaching 160 days. My husband remained out of the country 10+ years for a deportation....hoping to be approved?

[nyokie 572]

13 minutes ago, Bendite said:

We filed our I-130 withour I-212 together our attorney was able to use a similar case and we submitted a 400 page packet we are anxiously waiting for our CR1 spouse Application to be approved approaching 160 days. My husband remained out of the country 10+ years for a deportation....hoping to be approved?

We waiting for approval too and had to get lawyer for this same code ####### they stamped on my passport so you're not alone.

 

wish you good luck

[nyokie 572]

6 hours ago, nyokie said:

We waiting for approval too and had to get lawyer for this same code ####### they stamped on my passport so you're not alone.

 

wish you good luck

Everything will be fine, you both will be able to say where yal want to live there or here.

[Kellyanne 0]

An a person ever get back a visa

 

[nyokie 572]

1 hour ago, Kellyanne said:

An a person ever get back a visa

 

Maybe if you make a timeline you might get answers.