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I 212 question of removed single or multiple time

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in 2005 I have violated F1 visa, overstayed more than one year, I have been removed from states with 10 yeas bar. I have spend 12 years outside of us. I applied for visa from consulate  twice, second time I have been granted for 10 years B1/B2 visa.

since 2017 I have made 4 short visits to us. 18 days, 12 days, 5 days.

 

My last visit 2019, I spend 5.5 monty in US and left to Turkey, but I did not exceed visa term I94, which was 6 months. I came back to US after 45 days. at the port of entry I have been ordered expedite of removal, because last time I stay too long. so officer might though I would violate visa term etc they didn’t satisfy to qualify me admit in US. They cancelled my B1/B2 visa and they ordered me to expedite removal with 212(a)(7)(i)(I) ……. under section 211(a) of the act.

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i file I130 petition and  approved.

 

I am trying to file I 212 waiver or consent to reapply …

 

under  part 2 in from I-212

Spoiler

Removal as an Arriving Alien (INA Section 212(a)(9)(A)(i))

 

  • 1.b.  I have only been removed once, and my last removal was less than five years ago.
  • 1.c.  I have been removed at least two or more times, and my last removal was less than 20 years ago.

 

 


which one should I mark, I have been ordered 2005 and I served my 10 years bar. that should bee erased. or that should be counted as second removal , then I should chose 1.c.

 

if anybody passed through such circumstances before.  thank you very much for any help

 

note:  criminal history, no fraud or misrepresentation.

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Previous post for history:

 

Based upon that thread, it sounds like you had a voluntary departure (VD) on your first exit. A VD is not a removal, although it does not bypass the 3/10 year bars for overstay either.

Then you got an expedited removal during an attempt to visit the country.

So that's 1 removal only by my count.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

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

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: 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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