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Thread: Question for Sammy or anyone about 129f bars

  1. #1
    Guest
    Sammy
    I am new to actually posting on this board, but I have been lurking for a few weeks. I recently read a post wherein you stated that someone can be barred if they are removed/deported.
    I am an usc that is crazy in love and engaged to a man from Germany. He would come visit on and off for 3 years taking care never to overstay the 90 day period. Last winter, he arrived on the east coast and was held at the airport. INS believed that he was working in the united states without authorization. He stated he was here to visit family and his girlfriend. They held him for six hours and would not let him contact friends or family. He finally refused to answer further questions until he had representation (I know, not a smart move but one I can understand)and the INS held him overnight and sent him back to Europe. That was the situation. Since then, we have filed a I129F petition with Nebraska. I am wondering if his denial of entry will affect us getting an approval on our application. If so, is there any way that we can appeal that???
    Thank you ever so much for answering this long post!!!

  2. #2
    Guest
    Sammy
    I am new to actually posting on this board, but I have been lurking for a few weeks. I recently read a post wherein you stated that someone can be barred if they are removed/deported.
    I am an usc that is crazy in love and engaged to a man from Germany. He would come visit on and off for 3 years taking care never to overstay the 90 day period. Last winter, he arrived on the east coast and was held at the airport. INS believed that he was working in the united states without authorization. He stated he was here to visit family and his girlfriend. They held him for six hours and would not let him contact friends or family. He finally refused to answer further questions until he had representation (I know, not a smart move but one I can understand)and the INS held him overnight and sent him back to Europe. That was the situation. Since then, we have filed a I129F petition with Nebraska. I am wondering if his denial of entry will affect us getting an approval on our application. If so, is there any way that we can appeal that???
    Thank you ever so much for answering this long post!!!

  3. #3
    Guest
    Hi. He may or may not have a bar depending on how he left. The fact that he was held overnight makes it appear that he may have the bar. You can call immigration for information or request a FOIA. If the bar is applicable the the appropriate waiver would be I-212.

  4. #4
    Since he had never overstayed as such he will not be subjected to any bar. BCIS did not allow him to enter the United States will not affect fiance Visa petition.
    Good luck.

  5. #5
    Guest
    Thank you so much for your help Umesh...your post has relieved me immensely.

  6. #6
    Guest
    wouldnt they write code numbers on the last page in his passport (CFR)?? This might give you a little insight... Its a very difficult thing though to read all the double talk within those codes but I am sure something was written.

  7. #7
    Guest
    I know that they wrote something on his passport because when he arrived the next day in Germany. The customs inspectors in Germany asked if there had been a problem with him getting there and so that led him to believe that they had somehow noted it on his passport.
    In regards to the earlier post from spouse. He only left that next day because the airline that he was travelling on did not have any flights until the next morning.

  8. #8
    Guest
    Wait patiently.
    Their comments are useful.

    Sammy, Mohan, and other people have to search the web and cut and past or go though some of the self-help immigration books they have and type the relevent section onto the discussion board.

    They do not know about the nuances of how a particular case can be handled effectively. Only refer to the area of the law that applies.

    So, wait paliently for their response, they are useful, although they never give credit to where they got the information, very typical of their Indian heritage.

    But do not rely on their comments, please do research on your own.

    YOU SHOULD CONSULT A COMPETENT LAWYER for IMPORTANT IMMIGRATION MATTERS THAT IMPACTS YOU.

  9. #9
    Guest
    TO: WakerJane

    The reason your boyfriend [fiance] was held being questioned at the port of entry in the U.S. because INS might had noticed that he was visiting here frequently and was staying upto the full term of his staying previlege under his VWP even though he never overstayed here in the past. Under the new regulations adopted two years ago, if an alien frequently visits to U.S. or stays here upto the full terms of his/her visa waiver privelege or authorized stay each time on frequent basis then the alien is subject to the presumption of INS and State Dept. that s/he is misusing VWP or nonimmigrant visa, and then alien carrys the burden to prove contrary to this presumption with 'clear and convincing evidence' in order to secure entry to U.S. The govt presumption is based upon- because lots of people using their nonimmigrant visa or visa waiver privilege to come here for work, but they do leave without being overstayed so that no one can suspect their this kind of activities, as well to keep their privilege of VWP or nonimmigrant visa. But, govt got aware of these activities, that's why govt has just recently revoked this visa waiver privelege to nationals of some countries like Uruguay because of misusing of this VWP or nonimmigrant visa.

    As Mohan said your fiance won't have any bar because- he was not deported or removed from the U.S., instead INS just refused entry to him based on their presumption of working here when he could not able to convince them otherwise. And, INS do reserve the right to deny entry to anyone without any reason whatsoever even though some one has valid visa or VWP to enter U.S. The bars only apply if he was deported, or if he has overstayed here 6 months or more in illegal status and then leave the country, but he did not, so don't worry about the bar. Even though INS has stamped some kind of code on his passport [but I doubt it], still, you shouldn't be worried because those code just to alarm INS officer to ask question to him about his trip, if he enters again on VWP next time. If he does come on VWP next time then he needs to prepare to convince INS officer at the port of entry about his trip. But, as far as K-1 visa is concerned then he is okay because this visa is not meant for temp. stay, therefore INS office would know his intention of visit at the port of entry. The reason immigration officers in Germany got curious because they were wondering why he was returned back immediately and why he was refused entry to U.S., was there any thing they should know etc..etc. you know govt officials. Don't worry about your fiance's case in respect to this bar issue. Best of all.

  10. #10
    Guest
    Waker Jane, You need to find out exactly what happened (file a "Freedom of Information Act" for this purpose);
    - it makes a big difference with what kind of a visa he was entering (in the past and especially with his last attempt to enter), was it a b-2 visa (tourist) or with the visa waiver?

    I'm guessing that he was on a tourist visa and he was probably not admitted in, because the BCIS officer suspected that he really was an intendent immigrant and not a tourist.

    A close relative of mine (German as well) was doing that too, coming and going back and forth often in the late 90's and was finally questioned at one of his last entries. He knew though, that as an alien, in any given year, then you spend more than 180 days (total, not in one visit, no overstays), you have to do a U.S. tax return on your income. That finally saved him then he argued that he'd never overstayed, never did anything unlawfull, and properly filed his U.S.

    I don't think the non-admittance (or "expedited removal" as they call it) would affect your friend in the long run. You should just investigate to find out if there is a barr of inadmissiability on him (if there is, shouldn't be not more than 3 years and could be overcome by a waiver). Good luck!

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