oralar

Thank you very much for this very informative explanation.

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.

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

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.

On 7/9/2020 at 4:37 PM, aaron2020 said:

Most likely, CBP determined that you were abusing the visitor visa to illegally live in the US with a brief 45 days visit to your home country.  That's why your visitor visa 

do you think will be considered attempted to gain their admission by misrepresentation

22 hours ago, sandranj said:

You won't need the I-601 waiver because you have been outside of the U.S for a continuous period of 10 years.If you were removed from the U.S more than once then you would have the  20-year bar, but  you don't have in your record an order of removal regarding the voluntary departure ok. You have just one removal in your record.

 

You have a 5 year bar because you were removed upon arrival in the U.S (expedite removal).(INA section 212(a) (9) (A)(i). You will need to file just the I-212 waiver.

 

 

 

 

At port of entry, CBP asked me to 3 phone number,

one of the phone number I gave him, was my friend who has pizza shop,

CBP officer called him, he barely speak english, and in conversation with my friend CPB officer came up with conclusion  that I was working in pizza shop. (by the way I have 12 years  technology company which doing production, exporting, importing in my home country.  in my 5.5 month stay with my bank statement I have spend 35,000 $, the money that i have on my home county account, I try to show that I don’t need to work in US, I have money  ) I try to show my bank statement to officer, but he didn’t want to believe.They don’t want to overlook anything, that were rush to complete my removal.

I have more than 10 different visa and many entry and exit date in my passport(China, Uk, Germany, Nijeria, Russia, Egypt etc) which I have attended many business conference and trade fair.

I have been accused that I was working as pizza man, so I violated my visa with my previous visit. and they scrached my US visa page, and cancelled.

I refused to sign that paper they try to make me sign, because any of accusation was right,

after my removal, i hired a lawyer , try to drop charges, that way I won’t be bared 5 or more years. they refused too,

do you think that will be considered misrepresentation?

I had valid B1/B2 visa

which I used this visa  to stay with my fiancé and spend time together,  or accused of being worked with my previous visa .

14 minutes ago, Allaboutwaiting said:

IMHO, you might be required to file both I-212 and I-601 waiver, but you will know until your interview at the embassy/consulate.

 

Before your visa was canceled, you visited for almost 6 months. When did you leave the US in that visit? 

after my last staying almost 6 months, I left US in april 2019 and I returned after 45 days later. 

1 minute ago, Jorgedig said:

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

so you think I need 601 waiver? beside I 212

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 ?

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, 

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

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, 

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

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.