Help! Question about waiver

[Life_love 45]

Does anyone know if a waiver is needed for someone whose passport was stamped with 212(a)(7)(A)(i)  22 cfr 41.122(h)(3)

Would they also need the waiver if someone (me) was petitioning for them? You see, my mom had her passport stamped over 13 years ago and she has since then not done anything about it. She did try once (after 10 years) to apply for a b2 visa but was denied. 
 

[geowrian 22,335]

Depends if they were allowed to withdraw their application or if they had an expedited deportation. Do you know which one it was? If it was the expedited deportation, then a waiver is needed only within the 5 years since the deportation.

The waiver would apply regardless of who the petitioner is. The inadmissibility is on the individual.

[Life_love 45]

32 minutes ago, geowrian said:

Depends if they were allowed to withdraw their application or if they had an expedited deportation. Do you know which one it was? If it was the expedited deportation, then a waiver is needed only within the 5 years since the deportation.

The waiver would apply regardless of who the petitioner is. The inadmissibility is on the individual.

She was allowed to withdraw her application. As far as whether she chose voluntary departure or voluntary departure or voluntary return, I don't recall...she also doesn't recall, It's been 15 years. I requested freedom of information act a couple of weeks ago but not certain how long or what information that would produce.

I really would just like to file for her but at the very least have her visit, cos, in all honesty, she really doesn't want or care to migrate here...she just wants the ability to visit as needed. 

 

Thanks for the response.

[geowrian 22,335]

21 minutes ago, Life_love said:

She was allowed to withdraw her application. As far as whether she chose voluntary departure or voluntary departure or voluntary return, I don't recall...she also doesn't recall, It's been 15 years. I requested freedom of information act a couple of weeks ago but not certain how long or what information that would produce.

Withdrawal = no ban

15 years ago = no ban that would still exist (unless there was a misrepresentation bar as well since that's permanent...but there's nothing suggesting this is the case)

 

21 minutes ago, Life_love said:

I really would just like to file for her but at the very least have her visit, cos, in all honesty, she really doesn't want or care to migrate here...she just wants the ability to visit as needed.

If the goal is to visit then she needs a tourist visa. A green card requires maintaining permanent residency within the US. It will be deemed abandoned otherwise.

Unless the goal was to get the green card then voluntarily abandon it and get a tourist visa? This isn't a guarantee, but is usually sufficient to show non-immigrant intent.

[Life_love 45]

37 minutes ago, geowrian said:

Withdrawal = no ban

15 years ago = no ban that would still exist (unless there was a misrepresentation bar as well since that's permanent...but there's nothing suggesting this is the case)

 

If the goal is to visit then she needs a tourist visa. A green card requires maintaining permanent residency within the US. It will be deemed abandoned otherwise.

Unless the goal was to get the green card then voluntarily abandon it and get a tourist visa? This isn't a guarantee, but is usually sufficient to show non-immigrant intent.

There was no misrepresentation whatsoever. So basically...she won't require a waiver, just filing for a tourist visa, as usual, would suffice for a visit. 

Thanks so much for this, you have been more forthcoming with an answer than the lawyer I paid $150 for a consultation to tell me, she would need a $400 fee to file a FOIA in order to let me know if she would need a waiver. And also $7k filing fee to petition for my mom.

 

[geowrian 22,335]

16 minutes ago, Life_love said:

There was no misrepresentation whatsoever. So basically...she won't require a waiver, just filing for a tourist visa, as usual, would suffice for a visit. 

Correct, no waiver.

 

16 minutes ago, Life_love said:

Thanks so much for this, you have been more forthcoming with an answer than the lawyer I paid $150 for a consultation to tell me, she would need a $400 fee to file a FOIA in order to let me know if she would need a waiver. And also $7k filing fee to petition for my mom.

I'm assuming they wanted a FOIA to see if she had a withdrawal of application or expedited deportation. Although, as noted, even if it had been an expedited deportation that bar would have expired by now anyway.

Ouch...$7k to petition. No idea where all their time would be spent to justify that, especially if no waiver was needed. It makes sense in more complicated cases like criminal inadmissibilities, immigration court, etc., but nothing you noted has that level of complexity.

[Boiler 43,397]

Simple process to apply for a tourist visa and not expensive.