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oralar reacted to geowrian in I 212 question of removed single or multiple time
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.
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oralar reacted to geowrian in I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation
From the I-212 instructions: https://www.uscis.gov/system/files_force/files/form/i-212instr.pdf?download=0
"Inadmissibility Under INA section 212(a)(9)(A)"
...
"You may file Form I-212 if you are inadmissible under INA section 212(a)(9)(A), but not INA section 212(a)(9)(C), and you are:
1. An applicant for an immigrant visa;
2. An applicant for adjustment of status under INA section 245 (other than as a T or U nonimmigrant seeking adjustment under Title 8 Code of Federal Regulations (8 CFR) 245.23 or 245.24);
3. An applicant who wishes to seek admission as a nonimmigrant at a U.S. port-of-entry who is not required to obtain a nonimmigrant visa; or
4. An applicant for a nonimmigrant visa at a U.S. Consulate."
INA 212(a)(9)(A) covers somebody who has been removed, like the OP.
Edit2: As a sidenote, I'm uncertain if INA 212(a)(9)(C) applies. The VD itself is not a removal, but it does appear they had 1+ year of overstay assessed. Although that in itself is odd as F-1 is typically admitted as D/S and unlawful presence does not start accruing until there was a formal ruling of such. that piece is unclear to me after reading the OP's post again.
Edit3: Since more than 10years passed, that shouldn't be an issue. Ignore Edit 2...it does not appear to apply.
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oralar reacted to Sparkle Sparkle in I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation
As others have already adviced,go through your IV process normally. At your IV interview you will be informed of your inadmissibility...then you retain a lawyer to assist your waiver process. As at now a lawyer can do anything for you... waivers cannot be filed Stan alone...you have to have been declared inadmissible by the embassy.
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oralar reacted to Sandra G. in I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation
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.
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oralar reacted to aaron2020 in I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation
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 was cancelled and you were given an expedited removal.
Get a good lawyer to help you with this.
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oralar reacted to geowrian in I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation
Yup, that's a whole lot of time to visit for somebody who has strong ties to return home. It very likely looked like a clear attempt to live in the US instead of just visit.
That - along with the immigration history - would also explain why they decided to do an expedited removal instead of just letting you withdraw the application for admission.
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oralar reacted to Allaboutwaiting in I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation
That's what triggered the cancelation of the visa and your expedite removal.
You stayed for WAY too long and returned WAY too soon.
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oralar reacted to SalishSea in I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation
That was your error. The unofficial, speculative rule of thumb is to spend twice the time out as in. So you should have waited a year to come back, ideally.
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oralar reacted to SalishSea in I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation
From what you have told us, yes.
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oralar reacted to SalishSea in I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation
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.
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oralar reacted to neoblast in I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation
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.
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oralar reacted to SalishSea in I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation
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.
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oralar reacted to NancyNguyen in I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation
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?
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oralar reacted to SalishSea in I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation
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.
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oralar reacted to SalishSea in I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation
In that case, then yes, it sounds like your US spouse will need to find a good immigration attorney.
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oralar reacted to NancyNguyen in I212 or I 601 waiver , after serving 10 years bar will I bee charged second time removal or deportation
With 2 violations, I believe your husband needs to talk to an experienced immiration attorney, it is not an easy DIY. Good luck.
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oralar reacted to HFM181818 in 212 (a)(7)(a)(i)(i) not deported or removed
if you had been expeditiously removed, you would have received an I-275, and there would have been a box checked under 'INA Sect 235' along with either a 5, 10 or 20 year ban imposed (box checked here as well)....that would make you inadmissible for that period of time.....but this does not sound like what happened to you...it sounds like you were 'sent home' (not admitted), your B2 visa cancelled because CBP believed you were an arriving immigrant without an immigrant visa....which normally isn't huge deal (though your chances of getting another B2 in the future will be slim indeed)...the refusal code you got is sort of like CBP's version of '214b'
the lawyer, however, who is (or has) about to take money to produce a letter for an unnecessary I-212 should be disbarred....talk about a lack of ethics (nothing new in the field of immigration law!)....remember, immigration attorneys are parasites, much like TV evangelists....they both promise things they cannot deliver (visas or a front row seat in heaven) while fleecing their flock (or clients) along the way.
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oralar reacted to newacct in 212 (a)(7)(a)(i)(i) not deported or removed
7A is not a "ban" -- it just means you were denied entry that time, because they suspected immigrant intent (and thus you "didn't have the right documents" because an "immigrant" (as they suspected you were) needs an immigrant visa, which you did not have).
However denial of entry for 7A often comes together with a removal, which triggers a 9A ban. That's why when people mention 7A, they are usually actually trying to figure out whether they have a 9A ban. A 9A ban for removal upon entry for the first time is a 5-year ban, and can be removed by getting permission to reapply with I-212. However, someone who is denied entry is not always removed; sometimes they are allowed to voluntarily withdraw (the officers don't need to allow this; it's their discretion whether to allow someone to voluntarily withdraw, and even if they allow it, if the person fails to leave soon enough, they can still remove them). That's why it's important to figure out exactly what happened after the denial.
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oralar reacted to blondedoc in 212 (a)(7)(a)(i)(i) not deported or removed
I have exactly the same notation on my passport... 212 (a)(7)(i)(i) and I was removed. All of this is said on my papers (I took them during the situation).
And my lawyer is making for me an I-212.
My story is very diferent from yours. If it will be necessary for you, what I know about is that they will tell you after the interview.
Just one thing: I-212 is not a waiver, is a permittion to reapply for a visa.
In my case, my tourist visa was cancelled, so I´m asking to reapply but now as an immigrant.
If you need that it has to be sent to your POE (port of entry) office.
It can take just a few months until more than 1 year.
To be approved? Mine, we made almost like an I-601 (with the hardship for the USC if I don´t get there + letter from me with apologies + letter from him + letters from employers, teachers, family and friends).
I hope I could help you a little bit.
I can tell you that is better for you at least try to reach your paperwork from this situation, than it will be easy to understand exactly what you need.
All the best!
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oralar reacted to aleful in Question about whether a SSN card need to be issued or not
hi
no, it's saying you must choose yes if you need a new number and card to be issued
you don't need a social security number, you already have a number
once you are here, you can change the card, not the number
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oralar reacted to Nicey&T in help vaccination "Do you have documentation to establish that you have received vaccinations in accordance with U.S. law? "
Technically, you can tick 'yes', because one you do your medical, you will get all the required vaccines.
But personally, I answered it completely honest and said "No", then it gave me a box to explain, so I said, "I will get all the required vaccines to be inaccordance with US law at my medical examination".
It didn't affect my application, so, the choice is really yours. Hope I helped
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oralar reacted to Lucky2Lucky in Affidavit of support
That is good. Juts dont forget that 3x the poverty level is the absolute minimum- and the CO looks at the totality of circumstances to determine if wife will be a public charge. It may best to have a joint sponsor on hand in case they require it. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html (Scroll down to assets question)
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oralar reacted to King Salz in Case Complete to Interview January 2020
Best wishes...it will go well
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oralar reacted to Andy & Val in Case Complete to Interview January 2020
All will go well.
Just keep the faith!
Go get that approval tomorrow.
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oralar reacted to inneedofmyhb in Case Complete to Interview January 2020
Finally here in Argentina with my husband for interview tomorrow 🙏🏼🙏🏼 Medicals all completed in 1 day, thank the Lord! Keep us in your thoughts...here we go....🤦🏼♀️😰🙏🏼🙏🏼