Refused entry 212a7AiI

[Mattypeardrops 0]

In April I was traveling to the US under the vwp, and got refused entry. I was told I can go home and apply for a b2 tourist visa ? My first mistake was admitting to trying pot 4 years ago I only did so after the cbp officer would take no for an answer he asked 7 times. Once I went to second they took my phone and there was two messages from people wanting to look at and possibly buy a print of my artwork. I sell my prints online for $15 it only came about because I posted that I was going to be in America traveling around and they hit me up! one was a minor 17 and we ended up also sending a few firtish texts to one another so that didn't look good either, big mistake. Long story short I got sent back to Australia the same night, my passport was stamped with refused in accordance with ina section 217 R27049 and written above is 212 a 7 A i I

Do I have a bar of 5 years? They never told me so also do I need a waiver? They were not clear at all I didn't even know what exactly I was getting refused for it was my first time on a plane first time traveling anywhere so I was pretty confused and stressed

[EM_Vandaveer 2,408]

That's "intending immigrant". You most likely were not removed, only denied entry.

[Mattypeardrops 0]

So if u were removed you don't have a 5 year ban ? Intending immigrant ? They mentioned nothing about them thinking I was trying to live there but thanks for the response

[EM_Vandaveer 2,408]

If denied entry, you don't have a ban. If removed, you do.

[Boiler 45,638]

I agree does not sound like a ban, but begs the question does it matter?

[Mattypeardrops 0]

Okay well i was just wondering because one attorney says I need a waiver and one doesn't seem to think so, if I do need a waiver I have to get drug test done and letters of recommendation of moral character to prove to them I'm no harm to there society etc. also i assume that if I have a bar means I need a waiver but I think it's called a hranka 212d3 ? I have criminal checks all clear and letters from my boss giving me leave all

[Mattypeardrops 0]

Basically because I admitted to trying pot years ago and found messages from 2 people from social media wanting to possibly buy a artwork print for $15. The drug thing is criminal so I thought a waiver is needed. I want to apply for a b2 tourist visa in December and am just trying to prepare myself with the right information and documents

[Mattypeardrops 0]

The refusal copy states, mr Pearson was found inadmissible under section ( 212 a 7 A i I ) of the immigration and nationality act ina. his vwp is cancelled and must obtain a niv for all future travels to the United States.

[mallafri76 1,012]

You seem awfully keen on getting to the US. Why go through all the trouble of visitors visa, waiver etc if you're just looking for a vacation spot. There are many other beautiful places in the world you can easily go without needing a visa.

[Mattypeardrops 0]

That's true and I'm doing so in October traveling to parts of Europe, my over all goal is to be able to be over to the US on the 4th of July. Just trying to get organised

[Mattypeardrops 0]

I'd love to see America have been waiting to since I was a kid, I'm sure I will one day but knowing more about my refusal would help. Cheers

[kris&me 572]

212 a 7 A i I

strange z

is usually defined as this

When an individual remains outside of the U.S. for more than one year and then applies for admission to the U.S. as a lawful permanent resident, CBP officials will charge the applicant for admission as inadmissible under INA § 212(a)(7)(A)(i)(I). The individual will usually be given the option to voluntarily relinquish his/her permanent resident status by executing Form I-407, in which case he/she will be granted permission to withdraw his/her application for admission. If the applicant for admission would like a chance to prove that he/she did not abandon residence, then CBP will issue a Notice to Appear for removal proceedings before an Immigration Judge. The Immigration Judge has sole authority to hold that permanent residence has been abandoned and is the only one who can take permanent resident status away. Many individuals will believe that they have a good case in support of maintaining permanent residence and will ask for their day in court to prove it.

212 a itself is:

212(a) Refusals

An applicant whom the consular officer has determined falls within the “grounds of inadmissibility” will be refused a visa under a subsection of “212(a).” These grounds of inadmissibility are a set of rules prohibiting the admission to the U.S. of certain classes of persons for crimes, medical reasons, security, because they would likely become public charges, for prior immigration violations, and other miscellaneous grounds.^[6] There are exceptions and waivers available to many of the grounds.

[Mattypeardrops 0]

So if I have the proper documents for a tourist visa I should be fine or? Like I asked the officer and she said I can go home and apply for a tourist visa but I have to take care of my reasons for being refused or they will refuse me again.

[EM_Vandaveer 2,408]

So if I have the proper documents for a tourist visa I should be fine or? Like I asked the officer and she said I can go home and apply for a tourist visa but I have to take care of my reasons for being refused or they will refuse me again.

That's pretty much it. You can apply for a tourist visa, but no guarantees that it'd be approved.

[Mattypeardrops 0]

No waiver just decent documents required cool thanks