Question reguarding 212 a7a i i

[Slicklick 0]

Thanks for taking you time to answer my questions.

 

My fiancée who was traveling up to see my graduation this past May was deported after being admitted into America.  She gave all the information reguarding my graduation to the first point of entry then was later stopped after she retrieved her luggage. This officer questioned her about my letter of graduation and then detained her. Short sorry short they removed her from ATL on the next flight.  When I found out about this I got on the plane with her to Brazil and we hired a lawyer to help us through this. They told me they don’t think she would need a waiver. 

 

My question is regarding if she was removed/ deported or voluntarily removed. She was given no paperwork after being detained/deported. She remembers signing something and later given back her passport with “Canceled” written on it with 212 a7aii on it but nothing else. We were told that it is illegal to not give someone the signed documents. Is this true? Also, I’ve been researching and reading about this since it happens. I know that if she was deported she would have a five year ban. We are currently 150 on K1 timeline. But unfortunately we have no paperwork to find out if she did get a five year ban or voluntary removed. She doesn’t remember much because she spent 16 hours in ATLANTA holding area waiting till the next flight to Rio.  All we have is her passport with stuff written on it. Expired, cancelled and the code 212a7aii.  

 

But I just notice this “7AI” on the top right corner. My next question is this the 7A for no ban and just voluntary withdrawal or is it the 9A which is the five year ban.  

 

Im hopeful that someone might have some information for us. I’m expecting the worse and have already begun preparing the I-601 waiver. I appreciate the time and if I posted this in the wrong section, I’m sorry.  

 

The photo shows her being admitted in August of 2017-February 2018. Then February 2018 again but this was due to her Plane making an emergency landing due to a fire. Then on May 2nd for my graduation.

 

Thanks for reading!

Edited October 26, 2018 by Ontarkie
edited to remove personal information

[Hypnos 6,576]

They believed she was spending too much time in the US. She was denied entry for their belief that she was an intending immigrant without being in possession of valid immigrant documentation (a green card, immigrant visa, etc.).

 

It will not affect her case going forwards, and there is no bar, so an I-601 is not necessary or appropriate.

[Slicklick 0]

Thanks for your response. I believe this will not effect her case as well.

Unfortunately,  the whole paperwork not given to her is kinda scary to be honest. Is it normal for CBP Officers to not give copies to those who are withdrawing application?  

[Boiler 43,426]

What paperwork?

[Slicklick 0]

Form I-275. Application to withdraw. 

[SusieQQQ 11,584]

4 hours ago, Slicklick said:

Form I-275. Application to withdraw. 

I don’t know specifics here but normally with immigration forms of any sort, you fill them in and hand or send them in and that’s it, you don’t get “paperwork” back..   well sometimes you get a notice of action /receipt but that’s for ongoing cases not something like this afaik... they write the section in the passport like they did there, that’s all you really need to have ...

 

Why would they give you back the signed document when that’s what they need for their records? 

Edited October 24, 2018 by SusieQQQ

[Slicklick 0]

It’s a signed sworn statement when they deemed her inadmissible and took her sworn statement.   

 

When I’m referring to “paperwork” I’m meaning the copies of the forms she signed when being sent back to Brazil.

 

On her flight back to Brazil. Another individual was deported but he was a expedited removal. With him he had the sworn statements and all forms he signed. 

 

Thanks for the replies, I appreciate it. 

Edited October 24, 2018 by Slicklick

[SusieQQQ 11,584]

Not sure what more there is to say. Expedited removal is something else entirely.

 

a quick web search for i275 shows a number of people saying they signed it, had the notation put in their passport and were sent home, so your girlfriends case sounds typical for this. Wiki (I don’t like relying on it so ..fwiw) says it is a 2 page form and on the second page the person signing acknowledges that they have read the reasons for being given the form that were on the first page... did you girlfriend read it before she signed it? https://en.m.wikipedia.org/wiki/Withdrawal_of_application_for_admission

 

btw looking at the entry stamps on the page you copied I’m not totally surprised she got refused entry with what seems relatively frequent visiting - how long on average did she stay for?

[Boiler 43,426]

Did not come back, I have heard of people being given copies but seems that is the exception and not the norm, I presume you could get a copy under the FOIA, most people know what happened, why they were given the opportunity to withdraw their application.

[JFH 12,189]

When you are given the opportunity to withdraw your application to enter you are sent on your way to your point of origin and the whole things is almost as if it never happened. I say “almost”. There will be a notation in the passport but there is no ban and no further consequences. You mentioned in your post that she was “deported”. She wasn’t. It’s like having someone knock at your door, you open it, decide you don’t want them to come in and send them on their way. Deportation is having someone in your house illegally or who has done something illegal since arriving lawfully and having the cops remove him from the property. 

Edited October 26, 2018 by JFH