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Jigar Patel

Procedure to contest deportation under section 212(a) (9)

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Doyens n Members of the Learned Community,

 

          I need to contest and/or appeal against the following set of events.

 

          I was traveling to US for the third time on an B1/B2 Visa and on port of entry, New York, I was detained for questioning as in my last trip I had overstayed for 2 months with appropriate documentation like I-539 application to file extension/change of status from B1/B2 to F1, but as the application was in process and it was taking too long for processing and as no time line was given as to when will i know about the outcome and it was already 2 months since my valid stay expired, and getting no answers from USCIS, i left only to return in March, 2016 with all of my documents such as I-539, I-20,I-797C but on finding nothing concrete to charge me with, I was deported and my VISA was stamped with "Cancelled" and some documents with the following were given to me:

   

             "You have been found to be inadmissible to the United States under the Provisions of Section 212(a) of the Immigration and Nationality Act (INA) or deportable under the provisions of section 237 of the Act as a Visa Waiver Pilot Program violator. In accordance with the provisions of section 212(a) (9) of the Act, you are prohibited from entering, attempting to enter, or being in the United States

              For a period of 5 years from the date of your departure from the United States as a consequence of your having been found inadmissible as an arriving alien in proceedings under section 235(b) (1) or 240 of the Act on another page under the same heading the following was also written.

                 (1) You are not a citizen or national of the United States

                 (2) You are a native of India and a citizen of India

                 (3) You are an immigrant not in possession of a valid unexpired immigrant visa, reentry permit, border crossing card, or other valid entry document required by the Immigration and Nationality Act.

 

             ON THE BASIS OF THE FOREGOING, IT IS CHARGED THAT YOU ARE SUBJECT TO REMOVAL FROM THE UNITED STATES PURSUANT TO THE FOLLOWING PROVISION(S) OF LAW.           

           Moreover on the remarks page of passport there was an entry made "212(a) (7)(A)(i)(I)"

 

           I'm lost as to what to do, how to file appeal, etc. and thus I ask for help from the visajourney community, and my expiry for filing an appeal is only a month away.

 

Kind regards,

 

JP

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There are waivers for bans, on what basis are you looking to come back to the US?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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To clarify, when you attempted to enter after your overstay, did you have a valid F1, or were you trying to use the tourist visa you overstayed on, with evidence that you were going to try and adjust status, again? 


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Nothing to suggest it was wrongly imposed.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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@Boiler, Waivers or something of that sort is what I am actually trying to find, can I apply for some waiver or some kind of hearing. When i had applied for extension/change of status, In USCIS website under processing time it will stated that processing will take some 2 1/2 months to process my application, when the application status only read as processing even after 2 1/2 months, I left. I only want to go to US for tourism and recreational purposes, no intentions of staying back.

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This is something you need a good immigration attorney to address if you wish to pursue and contest the deportation / get the waiver. That said, I'm a bit confused. What is your claim for having legal stay within the US?


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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@Penguin_ie I tried to enter on my tourist Visa only, change of status was a thing of past, there was no change in my VISA, change of status had never happened and that is the reason why I left as soon as the 2 1/2 period processing time as stated in the USCIS website got over and my application was still under processing.

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No harm applying, if the CO thinks there is a good enough reason he can apply for a waiver.

 

I would not think it is very likely but only one way of finding out.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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@boiler, @transborderwife, wrongly imposed as in as far as my understanding goes, I applied for extension and waited for the decision but as the processing time exceeded the 2 1/2 month period as mentioned in the USCIS website, I exited the country without waiting a day more.

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4 minutes ago, Jigar Patel said:

@boiler, @transborderwife, wrongly imposed as in as far as my understanding goes, I applied for extension and waited for the decision but as the processing time exceeded the 2 1/2 month period as mentioned in the USCIS website, I exited the country without waiting a day more.

How soon after your initial stay was this?

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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