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sent back from port of entry (HELP)

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  • sent back from port of entry (HELP)

    had a 10 year B1/B2 visa. went in and out about 4 times. then last year was denied entry and was sent back from chicago airport. they believed that i worked there and said i could try to enter later. made me sign I275. said it was withdrawal of application to enter the usa at that time. stamped my visa with red ink.

    i used to visit usa to see my girl friend. she is USC. now it's been an year and we r stcuk apart. she wants to file for a K1 visa for me. is it allowed? or will there be any formalities before she can apply for that?

    the section written on my pp was 212(a)(6)(c)(i) and 212 (a)(7)(A)(i)(I)

    can some friend please help me in this. i will be obliged.

  • #2
    had a 10 year B1/B2 visa. went in and out about 4 times. then last year was denied entry and was sent back from chicago airport. they believed that i worked there and said i could try to enter later. made me sign I275. said it was withdrawal of application to enter the usa at that time. stamped my visa with red ink.

    i used to visit usa to see my girl friend. she is USC. now it's been an year and we r stcuk apart. she wants to file for a K1 visa for me. is it allowed? or will there be any formalities before she can apply for that?

    the section written on my pp was 212(a)(6)(c)(i) and 212 (a)(7)(A)(i)(I)

    can some friend please help me in this. i will be obliged.

    Comment


    • #3
      When an alien is denied entry to the US, and the visa in the passport is cancelled, Form I-275 is a form executed by an immigration officer noting such fact, and is sent to the US consul that issued the visa.

      Under INA §212(a)(6)(C)(i), an alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or entry into the United States or other benefit provided under the INA is excludable.

      Comment


      • #4
        thanx a million swissnut. one question... can my girlfriend apply for a K1 visa now for me? or am i meant to stay out of the usa forever?

        Comment


        • #5
          Section 212(a)(6)(c)(i) reads:
          " ... (i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible. ... "

          Section 212 (a)(7)(A)(i)(I) reads:
          " ... (i) any immigrant at the time of application for admission- (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 Act, 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 211(a) ... is inadmissible.

          (ii) Waiver authorized.-For provision authorizing waiver of clause (i) ... "

          http://travel.state.gov/visa/frvi_waivers.html

          This means that your fiance can file for a K-1 visa and you'll have to file a waiver of inadmissibility form I-601 at the time of your interview at embassy/consulate.

          Comment


          • #6
            On www.immigrate2us.net there is a whole section of posts on the 601 waiver, might be helpful reading. From what I understand it's hard to get with a K-1. MAYBE easier with a K-3. You have to prove hardship on the American citizen to get approved for the waiver.

            Comment

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