we got denied

[manda 1]

we had our interview on tuesday in dublin ireland for a cr1 visa. they seemed very confused about weather i was previously deported or not. on Thursday they asked me to come back in to tell me i am not eligible for a visa because of previous misrepresentation and "order removed upon arrival".

long story short: last year i went to visit my girlfriend at that time, i had a visitors visa and only a one way ticket. at the poe they harassed me and my girlfriend, trying to get us to admit something. at one point they called my girlfriend and claimed to me that she said i was going over to live there and that we had an apartment together and had plans to get married. this was all so ridiculous and very false, i knew my girlfriend/wife did not say that. i was merely visiting. they made up similar stories to my then girlfriend claiming i similar plans. Both of us never lied about our intention saying it was just a visit. they were under the impression that i was an intending immigrant.

they told me if i leave voluntarily and pay my own airfare back, i would not be barred for 5 years. and i would not be allowed back in until i had an immigrant visa.

since this mess at the poe, we have met in a nice country (canada) and lived there together and got married and started on the cr1 visa, back in nov last yr.

our interview was tuesday and the embassy wasnt sure about what happened at the poe last yr and needed to check it out, they asked us to come back in on thurs to say im not eligable because i would need a waiver.

they gave me 2 waivers to complete i601 and i212.

the part i dont understand is, they say i have a "212 A 9 A i : Order removed upon arrival" on my record. but i voluntarily departed and paid my own airfare. the instructions on the waiver say it doesn't need to be filed if you voluntarily left without the expense of the us government.

we've spent far too much time and money on this, so we'll probably just forget the land of freedom and opportunity and move to europe.

if however somebody made a mistake somewhere along the line, we need to find out who. the embassy admitted that there was a serious break in communication at some point

[rebeccajo 14]

Was there a stamp in your passport when they turned you back last year?

http://www.state.gov/documents/organization/87034.pdf

[manda 1]

no there was no stamp, i had a b1 visa which they canceled and they wrote codes in my passport:

212a7aii

212a6c

212a5a

i only figured out what the codes mean yesterday, these codes are from the immigration act and mean the following:

documentation required, misrepresentation, trying enter the US for the purpose for working

those allegations have no substantial basis and no proof, i cant believe they write this on my record

there is nothing about being removed or deported there, i don't understand why the embassy, and nobody else, says i need a waiver for this

[jeffmich2007 0]

we had our interview on tuesday in dublin ireland for a cr1 visa. they seemed very confused about weather i was previously deported or not. on Thursday they asked me to come back in to tell me i am not eligible for a visa because of previous misrepresentation and "order removed upon arrival".

long story short: last year i went to visit my girlfriend at that time, i had a visitors visa and only a one way ticket. at the poe they harassed me and my girlfriend, trying to get us to admit something. at one point they called my girlfriend and claimed to me that she said i was going over to live there and that we had an apartment together and had plans to get married. this was all so ridiculous and very false, i knew my girlfriend/wife did not say that. i was merely visiting. they made up similar stories to my then girlfriend claiming i similar plans. Both of us never lied about our intention saying it was just a visit. they were under the impression that i was an intending immigrant.

they told me if i leave voluntarily and pay my own airfare back, i would not be barred for 5 years. and i would not be allowed back in until i had an immigrant visa.

since this mess at the poe, we have met in a nice country (canada) and lived there together and got married and started on the cr1 visa, back in nov last yr.

our interview was tuesday and the embassy wasnt sure about what happened at the poe last yr and needed to check it out, they asked us to come back in on thurs to say im not eligable because i would need a waiver.

they gave me 2 waivers to complete i601 and i212.

the part i dont understand is, they say i have a "212 A 9 A i : Order removed upon arrival" on my record. but i voluntarily departed and paid my own airfare. the instructions on the waiver say it doesn't need to be filed if you voluntarily left without the expense of the us government.

we've spent far too much time and money on this, so we'll probably just forget the land of freedom and opportunity and move to europe.

if however somebody made a mistake somewhere along the line, we need to find out who. the embassy admitted that there was a serious break in communication at some point

I am so so sorry to hear your dissapointing news I know it's cost you a lot of money dealing with immigration , your last resort is to get an Immigration Attorney because if you give up on this now, it will always be a problem.

I went through a denied entry at Detroit Airport. I was visiting my friend in Michigan back in 2002 but had entered the states 7 times within 14 months ( i had b/friend at the time) so when i got denied it was due to lack of strong ties to uk. I went on to receive a travel visa in 2007 and now im married and going through I-130 filing as my husband is in Florida and i am in Scotland.

I guess since you only had a one way ticket and nothing more than a travel visa immigration would have jumped all over u as they did see u as a risk, in immigration's eyes the one way ticket said it all so thats why u had such a hard time.

I didnt get an attorney to sort out my denied entry i just dealt with it directly with London and they were okay about it but i will always need a travel visa if i wish to travel to USA on vaction and i will always get pulled up at POE. Now I am going through the Spousal Visa Process ( K3) we have hired an attorney simply to act on the denied entry because it's like a leech it sticks to you like glue.

I know every detail is recorded at POE i have had enough dealings with immigration at POE in the past because of the denied entry that its like here we go again ! It gets tiresome and old but i am always aware it will all be brought up. I kept the original documents and still have to this day so it helps but still a pain in the butt.

Please seek an Immigration Attorney to act for you because it seems there is a case for him there, I know it costs money but beleive me it's better to get sorted now that let it drag on.

Good Luck whatever you choose to do

Michelle

[rebeccajo 14]

Well Marty, while they didn't 'stamp' the passport, the CBP wrote on your previous visa and the results are the same.

I'm not sure what the 'serious break in communication' would have been (as you state was said at the consulate). From what was entered in your passport, they really had no choice but to deny the visa.

Something serious happened at the POE that day, and the biggest hurdle you have against you is the material misrepresentation. You would definitely need legal represenation to help you overcome this when filing your waiver. The decisions of border guards are final - they are given wide latitude and those decisions are nearly impossible to challenge. The combination of violations entred in your passport gave you a five-year bar to the US.

I do not think there is a 'mistake' made here by the consulate. Instead there are charges levied against you at the last port of entry and under the INA the consulate had no choice but to issue a denial based upon those charges. Your only course of action now is to file a waiver seeking the bar be dropped. Or wait out the five years and seek admission after that.

[manda 1]

Your only course of action now is to file a waiver seeking the bar be dropped. Or wait out the five years and seek admission after that.

Hang on... I'm not barred for 5 years, they didn't right anything on my passport to say that I was. I left voluntarily and paid my own airfare. I called the POE to confirm this and they acknowledge that I do not have a "Order removed upon arrival" on my passport. I just called the embassy and they said "well, it looked like you had a order removed upon arrival on your record, so we had to issue you this 601 waiver.

Obviously if I was barred for 5 years last November we would not have applied for this CR1 visa

[rebeccajo 14]

Your only course of action now is to file a waiver seeking the bar be dropped. Or wait out the five years and seek admission after that.

Hang on... I'm not barred for 5 years, they didn't right anything on my passport to say that I was. I left voluntarily and paid my own airfare. I called the POE to confirm this and they acknowledge that I do not have a "Order removed upon arrival" on my passport. I just called the embassy and they said "well, it looked like you had a order removed upon arrival on your record, so we had to issue you this 601 waiver.

Obviously if I was barred for 5 years last November we would not have applied for this CR1 visa

I'm merely following what is in your original post.....

"the part i dont understand is, they say i have a "212 A 9 A i : Order removed upon arrival""

And I gave you the FAM link as to what that means.

The consulate is saying to you this bar is possibly waiverable. But you will likely need legal help to overcome the bar because of the other violation you say was written in your passport - 212a6c - material misrepresentation.

Edited November 16, 2007 by rebeccajo

[desert_fox 32]

Your only course of action now is to file a waiver seeking the bar be dropped. Or wait out the five years and seek admission after that.

Hang on... I'm not barred for 5 years, they didn't right anything on my passport to say that I was. I left voluntarily and paid my own airfare. I called the POE to confirm this and they acknowledge that I do not have a "Order removed upon arrival" on my passport. I just called the embassy and they said "well, it looked like you had a order removed upon arrival on your record, so we had to issue you this 601 waiver.

Obviously if I was barred for 5 years last November we would not have applied for this CR1 visa

The reason you did not receive a visa...is because you are BARRED for five years. They did give you the form to apply for a waiver to overcome the bar if approved. Now do you understand??

[manda 1]

The reason you did not receive a visa...is because you are BARRED for five years. They did give you the form to apply for a waiver to overcome the bar if approved. Now do you understand??

no i dont understand, there seems to be some confusion.

when i tried to enter the states last year at detroit poe, wrote 3 codes on my passport:

212a7aii

212a6c

212a5a

they did not put a 212a9ai on my passport, nor did they say i was barred, i paid my return airfare. they simply said make sure you come back with the correct visa.

they also made up a loud of ####### with this misrepresentation charge which we will be bringing up to detroit poe immigration.

they claimed i had a job in the states, an apartment, and that i had plans to get married.... all false.

1 month later with the help of a lot of lawyers, we got married in Canada and before we started the cr1 visa process a lawyer checked with homeland security to see if i would need a waiver and they said i would not.

yesterday i called Detroit poe immigration office and asked them to check my file, they agree that i left voluntarily and paid and have no 212a9ai on my record.

dublin embassy says i was denied because i have this 212a9ai on my record, and I KNOW I DO NOT.

i called back the dublin embassy about this 212a9ai and they said "well, it looks like you have this on your file, so we had to ask you to complete a waiver first. I am 100% positive that i DO NOT HAVE A 212a9ai on my record and I don't know what to do to get this embassy to listen or check into it properly.

Edited November 16, 2007 by manda

[rebeccajo 14]

Well, Detroit POE wrote it in your passport. Are their officers in the habit of writing scary immigration violations in the passports of foreign visitors and then not making notations in the record?

I don't believe the fact you paid your own way out in anyway is evidence you were not ordered to return. It happens all the time that people are turned away and return back using the return leg of the round-trip ticket they originally purchased.

Oh.....adding here....

The violations entered in your passport are what CAUSED the 212a9ai bar, which is why you won't find it written in your passport. CBP doesn't levy the bar. They site the infractions that incurred upon entry under the section of the code where the infraction is defined. 212(a)9(a)i is the section of the code where the bar is defined and what infractions it takes to earn the bar.

Edited November 16, 2007 by rebeccajo

[JenT 0]

Curious.... why did you one have a one-way ticket?

[manda 1]

The violations entered in your passport are what CAUSED the 212a9ai bar, which is why you won't find it written in your passport. CBP doesn't levy the bar. They site the infractions that incurred upon entry under the section of the code where the infraction is defined. 212(a)9(a)i is the section of the code where the bar is defined and what infractions it takes to earn the bar.

OK, so if detroit didnt enter the 212a9ai on my record, then who did? if i understand what you're saying, this was at some point added on to my record, so you're saying I always was barred for 5 years? If thats the case why didn't any lawyer, including the one I hired, and showed my passport to tell me not to bother paying and waiting for an immigrant visa because I have a 5 year ban. Also, why was I not told I had a 5 year ban and who is it up to to tell me? Don't say they wait until you've gone through the whole process, waited about 2 years, gave the us government and lawyers loads of money, just so they can nicely say at the very end of the interview... "sorry you're ineligable, you're barred for 5 years"

obviously had we known this we wouldnt have started the whole process a year ago. if they do wait until the end to tell you that your barred after approving all our documents and our case that seems very mean, im begining not to like the us government at all and don't really want anything to do with the US. My wife and I are in Ireland at the moment and we see it as a country of freedom as opposed to the so called country of freedom that is the US

btw. all of the allegations they have on my record: 3 are all false, 1 for misrepresentation, work lined up in the us, and something about documents. they are all made up by detroit immigration and dtw airport. they made up stories and pretended to talk on the phone to my wife over and over again, they then would come back to me and say..."she says you guys have plans to get married, you have a job lined up here and an apartment together" all are false. can anyone tell me how one is supposed to get a job without being interviewd? also, how am i supposed to sign a lease for a apartment from overseas. can a lawyer help to get these false allegations removed from my record

JenT: I had a one way ticket because it was cheaper and because I had a b1 visa for 6 months and didn't know when exacly i was returning. Also didn't know anything the us government's immigration and nationality act at the time

[rebeccajo 14]

Your lawyer should have been able to tell you (based upon the writings in your passport) that a visa would be denied and a waiver would be required.

212 (a)9(a)i is not something that gets written in your passport. It is the section of the INA under which the 5 year bar is defined (as I gave to you in my first post). The various charges levied against you at the POE are the what is written in your passport - if you look them up individually (google) you should be able to read exactly what each of them means. Each of these charges, separately or taken as a whole, can incur the bar as defined at 212 (a)9(a)i.

No, they don't tell you until the end. There are dozens of members to this community (and others) who know that when they are ultimately interviewed, the visa will be denied and a waiver will be necessary. Indeed many of them go to the interview with waiver in hand, ready to produce it when the denial is announced.

If you plan on filing the waiver, I would suggest you get on it. I am no expert in waivers but as I understand it you have a limited time to return the waiver to the consulate. I would suggest you find COMPETENT legal counsel to assist you with the filing. The charge of material misrepresentation (whether you deem it to be justified or not) is enough to incur you a LIFETIME ban.

[desert_fox 32]

No one is going to send you a letter telling you that you have a 5 year bar. You dont find out until you apply for a visa, or read the code and come to the realization. You could have gone to the Consulate also and ask them to scan your passport and they could have told you.

You must have gotten CBP pissed when you tried to enter.

[manda 1]

Your lawyer should have been able to tell you (based upon the writings in your passport) that a visa would be denied and a waiver would be required.

212 (a)9(a)i is not something that gets written in your passport. It is the section of the INA under which the 5 year bar is defined (as I gave to you in my first post). The various charges levied against you at the POE are the what is written in your passport - if you look them up individually (google) you should be able to read exactly what each of them means. Each of these charges, separately or taken as a whole, can incur the bar as defined at 212 (a)9(a)i.

No, they don't tell you until the end. There are dozens of members to this community (and others) who know that when they are ultimately interviewed, the visa will be denied and a waiver will be necessary. Indeed many of them go to the interview with waiver in hand, ready to produce it when the denial is announced.

If you plan on filing the waiver, I would suggest you get on it. I am no expert in waivers but as I understand it you have a limited time to return the waiver to the consulate. I would suggest you find COMPETENT legal counsel to assist you with the filing. The charge of material misrepresentation (whether you deem it to be justified or not) is enough to incur you a LIFETIME ban.

ok, thats great, so i know have 3 violations against the immigration act, which subsequently meant i got a fourth one of 212a9ai.

think ill give up now, don't know why my lawyer wasnt able to say that the visa would be denied a year ago, so dont waist time and money applying. i paid him loads of money.

I complained about him in the past on these boards and to the better business bureau and I think its now time to name and shame

Ill probably get barred from this board too for doing this but hey, our journey has come to an end anyway

The name of the so called lawyer who completey screwed up our case and who grossly misled my wife is I is:

Ken Aboutaam / AJ & Associates

Windsor

Ontario

Canada

http://www.immigrationinquiry.com

^^^ Stay away from these people, and any other people in Windsor ontario who call themselves lawyers