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Valmabe

Visa revoked (split)

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Hi everybody,

 

If someone can give an input it'll be highly appreciated.

 

Back in 2004 a visa was revoked and written on it 212 (a)(7)(4)( )  I have not been able to find what that means, now that I want to apply for a new visa I'd like to know what that means. Thanks for your inputs.


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2 hours ago, Valmabe said:

Back in 2004 a visa was revoked and written on it 212 (a)(7)(4)( )  I have not been able to find what that means, now that I want to apply for a new visa I'd like to know what that means. Thanks for your inputs.

So long as one was honest and they were not deported (i.e. expedited deportation), it should just be a revocation of the visa and not be an issue for a K-1 or immigrant visa.

That said, even if it were an expedited deportation, the 5 year bar would be over by now for a case in 2004.

That part of the INA is about immigrant intent. They think he/she was trying to immigrate on a non-immigrant visa.

Edited by geowrian

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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4 minutes ago, geowrian said:

So long as one was honest and they were not deported (i.e. expedited deportation), it should just be a revocation of the visa and not be an issue for a K-1 or immigrant visa.

That said, even if it were an expedited deportation, the 5 year bar would be over by now for a case in 2004.

That part of the INA is about immigrant intent. They think he/she was trying to immigrate on a non-immigrant visa.

Thank you Geowrian,

 

In fact a relative of mine had the situation and wants to apply for a new tourist visa and asked for my thoughts.  She was refuse entry, visa revoked and sent back home. She was told about the 5 year ban, not other paper was given to her. No need to say that disclose of information is mandatory when filing DS160, will she need to do any type of waiver?

 

Thanks for taking the time to reply.


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1 minute ago, Valmabe said:

In fact a relative of mine had the situation and wants to apply for a new tourist visa and asked for my thoughts.  She was refuse entry, visa revoked and sent back home. She was told about the 5 year ban, not other paper was given to her. No need to say that disclose of information is mandatory when filing DS160, will she need to do any type of waiver?

If it's been over the 5 years, then no waiver should be needed based on solely the information provided.

If one were needed for another inadmissability, it would only be done at the recommendation of the CO. There's no waiver to be filed or completed beforehand or one that can be submitted on their own for a tourist visa.


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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5 minutes ago, geowrian said:

If it's been over the 5 years, then no waiver should be needed based on solely the information provided.

If one were needed for another inadmissability, it would only be done at the recommendation of the CO. There's no waiver to be filed or completed beforehand or one that can be submitted on their own for a tourist visa.

Thank you very much, I did some research before asking here, but I could not understand the documentation available, and then I saw the word unadmissible, I thought that is not good, but after your input I believe she can try, I think she has good chances, works for a government office, 50+ yo. She's a really close relative, I'm in the k1 process and would love for her to go to the wedding. Maybe that is not of your interest, but wanted to share why I'm researching for her. I'll share the outcome of her aplication.

 

Thanks again,  

 

B.


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1 hour ago, geowrian said:

If it's been over the 5 years, then no waiver should be needed based on solely the information provided.

If one were needed for another inadmissability, it would only be done at the recommendation of the CO. There's no waiver to be filed or completed beforehand or one that can be submitted on their own for a tourist visa.

Are you saying even a tourist visa has a waiver for INA if yes pls tell me how to go about it pls 

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1 minute ago, Degreatest21 said:

Are you saying even a tourist visa has a waiver for INA if yes pls tell me how to go about it pls 

For certain inadmissibilities, yes. Not everything is waivable.

There's nothing one needs to do other than apply for the tourist visa. The CO has discretion to recommend a waiver or not (if the inadmissibility is waivable). The applicant has no formal process to request a waiver.*

* Some very specific circumstances permit an I-192 to be filed


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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11 hours ago, Valmabe said:

Thank you very much, I did some research before asking here, but I could not understand the documentation available, and then I saw the word unadmissible, I thought that is not good, but after your input I believe she can try, I think she has good chances, works for a government office, 50+ yo. She's a really close relative, I'm in the k1 process and would love for her to go to the wedding. Maybe that is not of your interest, but wanted to share why I'm researching for her. I'll share the outcome of her aplication.

 

Thanks again,  

 

B.

As always, the B2 decision is up to the CO.  Given the prior entry refusal at the POE, she will need to show strong evidence of close ties to her home country in order to successfully go to your wedding in the US.  If there was a concern about her close ties in 2004, make sure that those issues are addressed or she could get denied the B2 or refused entry as before.  What were her close ties in 2004 vs today?  If the CBP officer felt she had immigration intent in 2004, there could be similar concerns today unless something has changed in a big way.  There is lots of good advice here on VJ on getting tourist visas, find it and send it to her.  She also needs to be completely honest with the B2 application, in the interview with the CO, and at the US POE with the CBP officer.  Evidence of her job, property owned, family ties and obligations in her home country, plus an absence of a reason to stay in the US like romantic interests.  Also, research B2 process from her home country.  Each consulate has its tendencies, some are higher fraud than others so know before you go.  Best of luck and congratulations on your upcoming wedding!  

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9 minutes ago, carmel34 said:

As always, the B2 decision is up to the CO.  Given the prior entry refusal at the POE, she will need to show strong evidence of close ties to her home country in order to successfully go to your wedding in the US.  If there was a concern about her close ties in 2004, make sure that those issues are addressed or she could get denied the B2 or refused entry as before.  What were her close ties in 2004 vs today?  If the CBP officer felt she had immigration intent in 2004, there could be similar concerns today unless something has changed in a big way.  There is lots of good advice here on VJ on getting tourist visas, find it and send it to her.  She also needs to be completely honest with the B2 application, in the interview with the CO, and at the US POE with the CBP officer.  Evidence of her job, property owned, family ties and obligations in her home country, plus an absence of a reason to stay in the US like romantic interests.  Also, research B2 process from her home country.  Each consulate has its tendencies, some are higher fraud than others so know before you go.  Best of luck and congratulations on your upcoming wedding!  

Thanks for your reply and inputs. I've had a visa for some time now, but didn't know how to help with her situation. Now is more clear thanks to you guys. Thanks again.


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