Is a waiver necessary after ban is complete?

[Torito 0]

Hi everyone,

 

My husband was denied entry at the JFK airport almost 6 years ago 212(a)(7)(A)9(i)(I) and given a 5 year ban. I was wondering if anyone has had experience with waiting out the ban before their interview? He's currently in Mexico, waiting for his interview. I have read some stories of people doing the 212 waiver to get their spouse into the US before their ban is complete, but I haven't been able to find any info on the necessity of a waiver if the ban is finished. I consulted with a lawyer who said we won't know until the interview. I would rather start/submit any waiver or form before the interview if it'll be necessary. Thanks in advance for any and all advice!

[Mike E 11,741]

44 minutes ago, Torito said:

I consulted with a lawyer who said we won't know until the interview. I would rather start/submit any waiver or form before the interview if it'll be necessary.

Why was he given a ban?

[Letspaintcookies 2,310]

Your lawyer is right. You can't do anything before. He'll be told at the interview if there's anything he needs to do.

[HRQX 4,145]

On 7/30/2021 at 4:31 PM, Torito said:

but I haven't been able to find any info on the necessity of a waiver if the ban is finished.

Once the time period passes for a specific ban then waiver for that ban no longer needed. INA 212 is explicitly clear about that.

On 7/30/2021 at 4:31 PM, Torito said:

I consulted with a lawyer who said we won't know until the interview.

The reason the lawyer said that is in case the CO determines that a different ban also applies; for example, a misrepresentation ban. In that case, Form I-601 cannot be filed before the visa interview: https://www.uscis.gov/i-601-addresses "Seeking an immigrant visa or a nonimmigrant K or V visa and I have been found inadmissible by a consular officer after my visa interview."

Edited August 1, 2021 by HRQX

[Chancy 6,241]

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