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212(a)(7)(A)(i)(I)

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  • 212(a)(7)(A)(i)(I)

    I was wondering if you can advise me , I was denied entry at the port of entry and my visa was cancelled with the annotation 212(a)(7)(A)(i)(I), I was deported and went back home .
    an I apply for a new visa ,
    shall I apply for a waiver , I went on a non immigrant visa

    Thank You

    Anat

  • #2
    The key question is whether you were actually removed (deported), or you were allowed to withdraw your application for admission and voluntarily depart. Look for any paperwork that says you were removed, or that you were allowed to withdraw your application for admission. If you were actually "removed", then you have a 5-year INA 212(a)(9)(A) ban. If this is the case and you want to get another nonimmigrant visa within the time of the ban, you have two options: 1) try to get a nonimmigrant waiver (d 3 waiver) when your visa is denied, or 2) submit I-212 to apply for "permission to reapply" which eliminates the ban, after which you don't need a waiver.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      You were refused entry for being an intending immigrant without an immigrant visa. This means CBP thought you were coming to the United States to live fraudulently using a non-immigrant visa. It is unlikely that any new visa will be issued to you and even if you get a visa with a waiver, CBP will refuse you entry again.

      Comment

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