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Denial of entry and I-130 PETITION (SECTION 212 (a) (7) ( A) (1) (I))

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  • Denial of entry and I-130 PETITION (SECTION 212 (a) (7) ( A) (1) (I))

    My father who was a frequent visitor to US on B1 B2 visa was denied
    entry one and a half years back . He had visited US on a 10 year
    multi entry visa more than 10 times and had never overstayed . He
    was usually granted 6 month entry at the port and he used to return
    within 5-5.5 months .AT one such visit he was called for a secondary
    interview (for the first time ) his past arrival departure record
    was checked and his visa was cancelled with a stamp
    " "application withdrawn I-275 executed subject to depart via
    airline ---on ---at---hrs. subject placed in custody of airline.
    212 (a) (7) ( A) (1) (I).""
    he was asked to deposit his confirmed return ticket with them and
    was handed over a different airline ticket and asked to return
    immediately . he was not charged anything for the "exchange" ticket
    given by them.They also made him sign some documents and did not
    give him the copies .all the time the consular officers were saying
    that u overstayed when he never had overstayed . HE used to always
    return within the time granted in his I-94 .however he used to come
    back to US within 1-3 months of his previous departure and then
    again stay for 5-5.5 months on a 6 mo stay granted .
    Now my query is that he is in his home country ever since and my
    brother ( MY FATHER'S SON )has naturalised as a USC . hE IS going to petition his I-130
    for a permanant residence ,. Will this incident affect his
    application ? In form I-130 COLUMN 16 HAS A QUESTION " Has your
    relative ever been under immigration proceedings ---NO YES WHERE
    WHEN
    REMOVAL EXCLUSION/ DEPORTAION RESCISSION
    JUDICIAL PROCEEDINGS .

    1 ) What all columns should be checked in the above column ???


    2) Is denial of entry under above cited circumstances equivalent to
    deportation / removal / both??

    3) "have u ever been deported from the US or removed from US at
    government expense excluded within the past year or are u now in
    exclusion ,deportation removal or rescission proceedings "... what
    should be the answer to this query on another form ??

    4) WHAT other forms should be filed alongwith I 130 and in how much
    time he can expect to immigrate ?

    All replies will be highly appreciated .
    Sincerely

  • #2
    My father who was a frequent visitor to US on B1 B2 visa was denied
    entry one and a half years back . He had visited US on a 10 year
    multi entry visa more than 10 times and had never overstayed . He
    was usually granted 6 month entry at the port and he used to return
    within 5-5.5 months .AT one such visit he was called for a secondary
    interview (for the first time ) his past arrival departure record
    was checked and his visa was cancelled with a stamp
    " "application withdrawn I-275 executed subject to depart via
    airline ---on ---at---hrs. subject placed in custody of airline.
    212 (a) (7) ( A) (1) (I).""
    he was asked to deposit his confirmed return ticket with them and
    was handed over a different airline ticket and asked to return
    immediately . he was not charged anything for the "exchange" ticket
    given by them.They also made him sign some documents and did not
    give him the copies .all the time the consular officers were saying
    that u overstayed when he never had overstayed . HE used to always
    return within the time granted in his I-94 .however he used to come
    back to US within 1-3 months of his previous departure and then
    again stay for 5-5.5 months on a 6 mo stay granted .
    Now my query is that he is in his home country ever since and my
    brother ( MY FATHER'S SON )has naturalised as a USC . hE IS going to petition his I-130
    for a permanant residence ,. Will this incident affect his
    application ? In form I-130 COLUMN 16 HAS A QUESTION " Has your
    relative ever been under immigration proceedings ---NO YES WHERE
    WHEN
    REMOVAL EXCLUSION/ DEPORTAION RESCISSION
    JUDICIAL PROCEEDINGS .

    1 ) What all columns should be checked in the above column ???


    2) Is denial of entry under above cited circumstances equivalent to
    deportation / removal / both??

    3) "have u ever been deported from the US or removed from US at
    government expense excluded within the past year or are u now in
    exclusion ,deportation removal or rescission proceedings "... what
    should be the answer to this query on another form ??

    4) WHAT other forms should be filed alongwith I 130 and in how much
    time he can expect to immigrate ?

    All replies will be highly appreciated .
    Sincerely

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by tanya22:
      HE used to always
      return within the time granted in his I-94 .however he used to come
      back to US within 1-3 months of his previous departure and then
      again stay for 5-5.5 months on a 6 mo stay granted .
      </div></BLOCKQUOTE>
      Well this practice which he did i.e coming back after 1 to 2 months again shows that his intent to enter the US was not which was meant by a B1/B2 visa. Because the said Visa is for a temporary stay. Although at the POE the inspector gives a six month entry does not mean that the person holding said visa MUST stay that much time and again come back after a month and again stay for six months and so on. This thing clearly shows that his intention was not the one he declared at the POE. I think your brother needs a Lawyer, indeed a competent one, to fill out the form I-130 for him. Otherwise I am afraid that his case may get ruined.

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by tanya22:
        " "application withdrawn I-275 executed subject to depart via
        airline ---on ---at---hrs. subject placed in custody of airline.
        212 (a) (7) ( A) (1) (I)."" </div></BLOCKQUOTE>
        He wasn't removed or deported. He was allowed to withdraw his application to enter the US. That's the best for him.(he was percived as an immigrant who is not in a possession of valid immigrant visa)
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> Will this incident affect his
        application ? In form I-130 COLUMN 16 HAS A QUESTION " Has your relative ever been under immigration proceedings ---NO YES WHERE WHEN REMOVAL EXCLUSION/ DEPORTAION RESCISSION
        JUDICIAL PROCEEDINGS .
        1 ) What all columns should be checked in the above column ???
        2) Is denial of entry under above cited circumstances equivalent to
        deportation / removal / both??
        3) "have u ever been deported from the US or removed from US at
        government expense excluded within the past year or are u now in
        exclusion ,deportation removal or rescission proceedings "... what
        should be the answer to this query on another form ??? </div></BLOCKQUOTE>
        Consult a lawyer on how to best answer those questions. A small mistake may mean long delays.
        A separate sheet decribing the event and copies of documents may be a good idea.

        Comment


        • #5
          ask that moron tinydiktimmy.....let's see what kind of empty-headed answers he comes up with......

          Comment


          • #6
            thanks aneri ..no other replies ??? come on guys ..pls come up with ur answers ...thanks

            Comment


            • #7
              no replies ???????????

              Comment


              • #8
                I have similar issues.

                Comment


                • #9
                  Hi tanya22 yes it was a deportation also he faces a bar of 5-10 years depending on the time he over stayed.iam just going to be staight up honest with you dont even waste your money right now because he will face a bar and will need a wavier to over come it.unless you can prove extreme hardship he is not going any where.so if i where you i would just wait until the bar time is over then apply for i130.am sorry i know thats the last thing you want to hear but that wavier was design to keep you out.

                  Comment


                  • #10
                    Your father was living in the U.S. on a non-immigrant visa. You need to answer yes to the question about exclusion, as your father was excluded.

                    Comment



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