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Posted

In short I went to the US last year with a valid B1/B2 visa, but because I didn't bring any money (I know this seems absurd...) and didn't book a return ticket, the officer said i might have immigration intent thus deported me at the port-of-entry and determined inadmissible with 5 year bar under 212(a)(7)(i)(I).  

Actually I do not have immigration intent and hoping for a waiver to remove the 5-year bar so I can reapply a general business visit B1/B2 visa. But I'm not clear at all which waiver I should file. Although i212 seems to deal with the deportation at the port-of entry issue, but it didn't mention anywhere specifically the act  212(a)(7)(i)(I). This makes me worried if i212 is the right waiver I should file. Also, I wondered should i file any other waivers. Maybe i601or i192. I read them carefully, it seems to me that i601 was for more serious cause such as human trafficking and  i192 was for the immigrant and both of them didn't mention  specifically the act  212(a)(7)(i)(I) as well. So what waiver or waivers I should file? The thing is none of them have mentioned 212(a)(7)(i)(I).

 

I list the all passages where it has law sections on the document they give me at the deportation below: 

 

1. 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 US as consequence of your having been found inadmissible as an arriving alien in proceedings under section 235(b)(1) or 240 of the Act.

 

2.Pursuant to act 235(b)(10 of the immigration and Nationality Act (8 U.S.C.1225(b)(1)), the Department of Homeland Security has determined that you are inadmissible to the US under section 212(a)(7)(i)(I) of the Act, as amended , and therefore are subject to removal, in that: 1) you are not a citizen of national of the US; 2)You are a native of China and a citizen of China # you applied for admission at Detroit Metro Airpot as a B1 visitor for business. 4) 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, To Wit: you are being processed as an Expedited Removal because you are not in possession of the funds necessary to purchase a return airplane ticket foreign.

 

And the homeland also expired my visa with a thick pen writing on it:212(a)(7)(i)(I).

 

 

 

Posted

I don't think there is a waiver for a tourist visa. Most I've heard about are for immigrant visas. 

 

Also. IMO they were right to remove you. No return ticket is a big red flag alone. And no money? Of course they thought you came for work. 

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Filed: K-1 Visa Country: Wales
Timeline
Posted

Bans are assessed by the Consulate when someone applies for a visa and is otherwise approvable. If they would but for the bans issue a visa I would expect you would be looking at a I 212 and maybe a D3.

“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.”

Posted

Would be a tough hurdle for you to overcome but it looks like a waiver may not be answer.

 

You are not a US citizen. You can be denied entry at anytime if deemed a risk of overstaying and/or working.

 

And you admit that it was a grave error to travel here with no funds and no return ticket. You may have to accept the consequences and wait out the ban.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: K-1 Visa Country: Wales
Timeline
Posted

B does not require a return ticket, VWP does, on onward arrangements.

 

I have entered the US with a handful of change, Credit Card is another thing.

“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.”

Posted

How did you hope to support yourself? Do you have family in the USA? I have arrived with $20

and some change in my pocket but I was staying with my husband and had my credit and debit cards with me. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Posted

Did you admit to coming to the US for possible work? That would explain the ban a little more. And now you're wanting to return to the US for a general business visit... this seems more plausible to me anyway

 

 

2015-03-07: Got engaged (L)

2015-03-30: Sent I-129F to Dallas lockbox

2015-04-14: NOA1 Packet received, sent to CSC

2015-05-07: NOA2 Approved!

2015-06-15: Received Packet 3 by mail

2015-06-17: Sent Packet 3 to Consulate

2015-07-14: Received Packet 4

2015-08-10: Medical in Toronto

2015-08-16: Received medical envelope

2015-08-24: Montreal interview- APPROVED!

2015-08-27: Visa arrives at Loomis location

2015-08-28: Visa in hand!

2015-09-17: Entered USA

2015-10-23: Married!

2016-01-11: Sent AOS Package I-485, I-765, I-131

2016-01-21: NOA1 Package received

2016-02-19: Biometrics

2016-04-01: AOS interview- APPROVED!

2016-04-07: 2 yr cond green card in hand

2018-03-12: sent ROC

2018-03-19: NOA date, 2018-03-24 letter rec'd

2018-05-18: Biometrics appt waived

2019-06-04 New biometrics letter received

2019-06-10 Biometrics

2019-06-18 ROC Approved
2019-06-25 10 year Green Card in hand

  • 1 year later...
 
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