601-212 I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation

[oralar 0]

I had F1 student visa violation before 2005 and volunteers departure (I overstayed more than one year),

I served my 10 years bar outside of us. After 10 years bar I have applied for visa again through counselor.

I have been granted for 10 year B1/B2 visa in 2017. I have visited us 4 times with this visa.

Last time in may 2019 I have try to visit US from the port of JFK Atlanta(one of the worse in us),

I have been ordered expedite of removal ,

my visa canceled and written on my passport 212(a)(7)(A)(i)(I), act 235(B)I.

since then I have applied for I 130 spouse petition and marriage base petition has been approved,I will have visa interview in consulate

most probably they will deny  visa because I inadmissible  , order expedite of removal one year prior

 

my question is:

do I need I 601, or 601 hardship waiver.

I 212 waiver will be enough,

since I had 10 year bar from my previous visa violation,

 after serving 10 years bar outside of us, will I be charged for second time removal or deportation.

(first one was volunteer deportation second one is expedite of removal )

this expedite of removal will be considered second time violation, which will trigger 20 years bar, or I have 5 year bar.

I will appriciated if anyone passed through familiar station, of anyone can give me advise.

[NancyNguyen 1,657]

With 2 violations, I believe your husband needs to talk to an experienced immiration attorney, it is not an easy DIY. Good luck.

[SalishSea 16,770]

3 minutes ago, oralar said:

I had F1 student visa violation before 2005 and volunteers departure (I overstayed more than one year),

I served my 10 years bar outside of us. After 10 years bar I have applied for visa again through counselor.

I have been granted for 10 year B1/B2 visa in 2017. I have visited us 4 times with this visa.

Last time in may 2019 I have try to visit US from the port of JFK Atlanta(one of the worse in us),

I have been ordered expedite of removal ,

my visa canceled and written on my passport 212(a)(7)(A)(i)(I), act 235(B)I.

since then I have applied for I 130 spouse petition and marriage base petition has been approved,I will have visa interview in consulate

most probably they will deny  visa because I inadmissible  , order expedite of removal one year prior

 

my question is:

do I need I 601, or 601 hardship waiver.

I 212 waiver will be enough,

since I had 10 year bar from my previous visa violation,

 after serving 10 years bar outside of us, will I be charged for second time removal or deportation.

(first one was volunteer deportation second one is expedite of removal )

this expedite of removal will be considered second time violation, which will trigger 20 years bar, or I have 5 year bar.

I will appriciated if anyone passed through familiar station, of anyone can give me advise.

It sounds like you were denied entry at JFK due to suspected immigrant intent?  Did you voluntarily withdraw your request to enter?

 

If so, it should not pose a problem for a marriage-based visa.  And you would not need a 601 waiver, having already spent the required 10 years outside of the US.

[NancyNguyen 1,657]

212(a)(7)(A)(i)(I): who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this chapter, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 1181(a) of this title.

 

Looked like they revoked your visa for some reasons, did you spend a lot of time in the US from 2017 until your last trip?

[oralar 0]

7 minutes ago, Jorgedig said:

It sounds like you were denied entry at JFK due to suspected immigrant intent?  Did you voluntarily withdraw your request to enter?

At that time I didn't know I didn't know about withdraw of my request to enter.

I thought I was free to enter anytime I like, as long as I didn't violate my visa term, 

After my removal I started to investigateAfter my removal I started to investigate

What kind of trouble I was in,,

This latest expedite of removal will be consider second pine violation so I could bar 20 years or after first bar served and everything reset, and start from zero, 

regards

 

 

[SalishSea 16,770]

1 minute ago, oralar said:

At that time I didn't know I didn't know about withdraw of my request to enter.

I thought I was free to enter anytime I like, as long as I didn't violate my visa term, 

After my removal I started to investigateAfter my removal I started to investigate

What kind of trouble I was in,,

This latest expedite of removal will be consider second pine violation so I could bar 20 years or after first bar served and everything reset, and start from zero, 

regards

 

 

In that case, then yes, it sounds like your US spouse will need to find a good immigration attorney.

[oralar 0]

8 minutes ago, NancyNguyen said:

Looked like they revoked your visa for some reasons, did you spend a lot of time in the US from 2017 until your last trip?

Yes, from last trip I spend almost 6 months (5 months 22 days) , but not exceeded visa permission term, 

[AJ2019 58]

1 minute ago, oralar said:

Yes, from last trip I spend almost 6 months (5 months 22 days) , but not exceeded visa permission term, 

how long were your other trips?

[SalishSea 16,770]

1 minute ago, oralar said:

Yes, from last trip I spend almost 6 months (5 months 22 days) , but not exceeded visa permission term, 

Not recommended to spend long periods with many trips to the US.  Makes it look like you're trying to live here on a tourist visa, which was why the visa was cancelled.

[neoblast 138]

3 minutes ago, oralar said:

Yes, from last trip I spend almost 6 months (5 months 22 days) , but not exceeded visa permission term, 

But how long did you tell them you stay in the US? You need to check you I-94 to find out the length of stay that was allowed. You visa is one thing; your stay another. Shy of 6 months you were practically living here. 

[oralar 0]

Now I need to find out, this two violation will require waiver, 
if so what kind of waiver. 
since I don’t have any criminal bacground or any  fraud, 
do I need to apply for I 601 waiver too. or just I 212 is enough

[oralar 0]

4 minutes ago, neoblast said:

But how long did you tell them you stay in the US? You need to check you I-94 to find out the length of stay that was allowed. You visa is one thing; your stay another. Shy of 6 months you were practically living here. 

I checked I-94 , and they already checked on computer, there is no violation of visa. but for sure they don't  like this much long staying, 

Edited July 9, 2020 by oralar

[SalishSea 16,770]

In any case, you will not be able to request a waiver until you have your IV interview at the embassy and are found inadmissible.

 

Not sure where you are in the whole process, but it could be a long while before you even get there.

[oralar 0]

7 minutes ago, Jorgedig said:

In any case, you will not be able to request a waiver until you have your IV interview at the embassy and are found inadmissible.

 

Not sure where you are in the whole process, but it could be a long while before you even get there.

thats true, 
since cover19 situation, most of the consular closed, not sure when they can schedule interview. in this uncertainty we would like to apply for a waiver ,so if consular ask for waiver we won’t be loosing much time to get it. otherwise, consular  will give us interview date who know when, and we start to apply for waiver , who know when will approve… etc. 
I need to know if I need I 601 ?

[SalishSea 16,770]

Just now, oralar said:

thats true, 
since cover19 situation, most of the consular closed, not sure when they can schedule interview. in this uncertainty we would like to apply for a waiver ,so if consular ask for waiver we won’t be loosing much time to get it. otherwise, consular  will give us interview date who know when, and we start to apply for waiver , who know when will approve… etc. 
I need to know if I need I 601 ?

It sounds like it.  No, you cannot ask for a waiver prior to an interview.  The way that it works is that you attend the interview, are found inadmissible, and then you can request the waiver.

 

601 waivers generally take at least a year to process.  This will not be a fast process.