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Advice needed on INA 212(a)(7)(b)(i)(I)

Advice needed on INA 212(a)(7)(b)(i)(I)

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Old Feb 20th 2002, 1:25 pm
  #1  
Julie T
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Default Advice needed on INA 212(a)(7)(b)(i)(I)

Hi,I would like some advice on INA 212(a)(7)(b)(i)(I).

I made a mistake of visiting my boyfriend with a B1 Visa in America and was denied
entry at the airport.I was allowed to withdraw the visa voluntarily. It was written
"212(a)(7)(b)(i)(I)" and through this newsgroup , I learnt it was entering U.S.
without a valid passport 6 months after the entry. My passport was valid at the time
of the entry because it was renewed, but the renewal page was not on the front page
and the renewal date was written on the 4th page of the passport. The passport was
valid for another 5 years from the date of entry.

My boyfriend in U.S. intends to apply for a K-1 Visa for me. What steps should I take
due to this incident? I appreciate any advice given on this matter. Thanks.

Julie
 
Old Feb 20th 2002, 2:45 pm
  #2  
Andrew Defaria
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Posts: n/a
Default Re: Advice needed on INA 212(a)(7)(b)(i)(I)

Julie T wrote:

    > Hi,I would like some advice on INA 212(a)(7)(b)(i)(I).
    >
    > I made a mistake of visiting my boyfriend with a B1 Visa in America and was denied
    > entry at the airport.I was allowed to withdraw the visa voluntarily. It was written
    > "212(a)(7)(b)(i)(I)" and through this newsgroup , I learnt it was entering U.S.
    > without a valid passport 6 months after the entry. My passport was valid at the
    > time of the entry because it was renewed, but the renewal page was not on the front
    > page and the renewal date was written on the 4th page of the passport. The passport
    > was valid for another 5 years from the date of entry.

So are you saying that your passport is indeed valid for 5 years? If so then
212(a)(7)(b)(i)(I) does not apply to you. Did you point this out to the
customs agent?
 
Old Feb 20th 2002, 11:05 pm
  #3  
Julie T
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Posts: n/a
Default Re: Advice needed on INA 212(a)(7)(b)(i)(I)

Thanks for the reply. My passport is indeed valid for another 5 years, and the
renewal date is stamped on another page of the passport. At that time, the customs
agent did not tell me about "212(a)
(7)(b)(i)(I)" and the meaning of that INA clause. He only told me that I was
inadmissible, and returned my passport with that clause written on the
B1 Visa with "Withdrawn " stamped on it. Thus, I did not point it out
to the customs agent because I was not aware of it. I only knew about
the meaning of that clause after coming back and finding it out from
the internet.

What shall I do? My boyfriend intends to apply for a K1 visa for me. Will I be denied
a K1 Visa because of this ? I appreciate some advice. Thanks.

Andrew DeFaria <[email protected]> wrote in message
news:<[email protected]>...

    > So are you saying that your passport is indeed valid for 5 years? If so then
    > 212(a)(7)(b)(i)(I) does not apply to you. Did you point this out to the
    > customs agent?
 
Old Feb 21st 2002, 12:26 am
  #4  
Michael Voight
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Posts: n/a
Default Re: Advice needed on INA 212(a)(7)(b)(i)(I)

Julie T wrote:
    >
    > Thanks for the reply. My passport is indeed valid for another 5 years, and the
    > renewal date is stamped on another page of the passport. At that time, the customs
    > agent did not tell me about "212(a)
    > (7)(b)(i)(I)" and the meaning of that INA clause. He only told me that I was
    > inadmissible, and returned my passport with that clause written on the
    > B1 Visa with "Withdrawn " stamped on it. Thus, I did not point it out
    > to the customs agent because I was not aware of it. I only knew about
    > the meaning of that clause after coming back and finding it out from
    > the internet.
    >
    > What shall I do? My boyfriend intends to apply for a K1 visa for me. Will I be
    > denied a K1 Visa because of this ? I appreciate some advice. Thanks.
    >

You may be asked about it, I doubt you will be denied. However, are you saying you
didn't understand when the INS officer wouldn't let you in and didn't ask him/her???
Then he would have told you and you would have showed him the passport page showing
how long it was good for.

I can't imagine you would come all the way to the US and volunteer to leave without
knowing why you couldn't enter.

Michael
 
Old Feb 21st 2002, 5:25 am
  #5  
Julie T
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Posts: n/a
Default Re: Advice needed on INA 212(a)(7)(b)(i)(I)

The customs agent told me that I was inadmissible because I could not provide
sufficient evidence of a job back home and financial ties back home. Then, he handed
me back the passport.
 
Old Feb 21st 2002, 8:26 pm
  #6  
Betastar
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Posts: n/a
Default Re: Advice needed on INA 212(a)(7)(b)(i)(I)

Just a note, because this is really annoying at times. The customs agent didn't do
anything to you - probably never even saw you.

The INS officer, on the other hand, did.

Customs and Immigration are two different things - Customs are the people who make
sure you're not bringing in drugs or fruits or something else forbidden from
overseas. You see immigration first, to see if you're allowed in at all.

Betastar

On 20 Feb 2002 15:41:04 -0800, [email protected] (Julie T) spake:

    >Thanks for the reply. My passport is indeed valid for another 5 years, and the
    >renewal date is stamped on another page of the passport. At that time, the customs
    >agent did not tell me about "212(a)
    >(7)(b)(i)(I)" and the meaning of that INA clause. He only told me that I was
    > inadmissible, and returned my passport with that clause written on the
    > B1 Visa with "Withdrawn " stamped on it. Thus, I did not point it out to
    > the customs agent because I was not aware of it. I only knew about the
    > meaning of that clause after coming back and finding it out from the
    > internet.
    >
    >What shall I do? My boyfriend intends to apply for a K1 visa for me. Will I be
    >denied a K1 Visa because of this ? I appreciate some advice. Thanks.
    >
    >
    >Andrew DeFaria <[email protected]> wrote in message
    >news:<[email protected]>...
    >
    >> So are you saying that your passport is indeed valid for 5 years? If so then
    >> 212(a)(7)(b)(i)(I) does not apply to you. Did you point this out to the
    >> customs agent?
 
Old Feb 21st 2002, 11:45 pm
  #7  
Michael Voight
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Posts: n/a
Default Re: Advice needed on INA 212(a)(7)(b)(i)(I)

Julie T wrote:
    >
    > The customs agent told me that I was inadmissible because I could not provide
    > sufficient evidence of a job back home and financial ties back home. Then, he
    > handed me back the passport.

That would have been INS, not Customs as Betastar noted. However, if he really
wrote "212(a)(7)(b)(i)(I)", then I believe he quoted the wrong part of the section.

Personally, I think it is great if entered the 6 month passport part and NOT the home
ties part on your passport. I wonder if he entered it that way in the computer. Then,
it would be easier to get in the next time by showing the correct expiration date
info. If they coded it they other way, then the might continue harrassing you about
home ties. Either way, not an issue for K-1.

I don't know if the writing on the B1/B2 looks different if it is a B1, but a B1
is for business. A B2 is for tourists. I wonder if a multientry B1 can be used
for tourism.

Michael
 
Old Feb 22nd 2002, 1:05 am
  #8  
Julie T
Guest
 
Posts: n/a
Default Re: Advice needed on INA 212(a)(7)(b)(i)(I)

Betastar, Thanks for clarification. I think I was confused, it was the INS officer.
Do you think that incident will affect the K-1 visa application because that clause
was written on the withdrawn B1 Visa?

[email protected] (Betastar) wrote in message
news:<[email protected]>...
    > Just a note, because this is really annoying at times. The customs agent didn't do
    > anything to you - probably never even saw you.
    >
    > The INS officer, on the other hand, did.
    >
    > Customs and Immigration are two different things - Customs are the people who make
    > sure you're not bringing in drugs or fruits or something else forbidden from
    > overseas. You see immigration first, to see if you're allowed in at all.
    >
    > Betastar
    >
    >
    > On 20 Feb 2002 15:41:04 -0800, [email protected] (Julie T) spake:
    >
    > >Thanks for the reply. My passport is indeed valid for another 5 years, and the
    > >renewal date is stamped on another page of the passport. At that time, the customs
    > >agent did not tell me about "212(a)
    > >(7)(b)(i)(I)" and the meaning of that INA clause. He only told me that I was
    > > inadmissible, and returned my passport with that clause written on the
    > > B1 Visa with "Withdrawn " stamped on it. Thus, I did not point it out
    > > to the customs agent because I was not aware of it. I only knew about
    > > the meaning of that clause after coming back and finding it out from
    > > the internet.
    > >
    > >What shall I do? My boyfriend intends to apply for a K1 visa for me. Will I be
    > >denied a K1 Visa because of this ? I appreciate some advice. Thanks.
    > >
    > >
    > >Andrew DeFaria <[email protected]> wrote in message
    > >news:<[email protected]>...
    > >
    > >> So are you saying that your passport is indeed valid for 5 years? If so then
    > >> 212(a)(7)(b)(i)(I) does not apply to you. Did you point this out to the customs
    > >> agent?
 
Old Feb 22nd 2002, 1:25 am
  #9  
Michael Voight
Guest
 
Posts: n/a
Default Re: Advice needed on INA 212(a)(7)(b)(i)(I)

A withdrawn entry will NOT affect your green card. They felt you didn't have enough
proof of home ties. That is not the same as suspecting fraud.

Michael

Julie T wrote:
    >
    > Betastar, Thanks for clarification. I think I was confused, it was the INS officer.
    > Do you think that incident will affect the K-1 visa application because that clause
    > was written on the withdrawn B1 Visa?
    >
    > [email protected] (Betastar) wrote in message
    > news:<[email protected]>...
    > > Just a note, because this is really annoying at times. The customs agent didn't
    > > do anything to you - probably never even saw you.
    > >
    > > The INS officer, on the other hand, did.
    > >
    > > Customs and Immigration are two different things - Customs are the people who
    > > make sure you're not bringing in drugs or fruits or something else forbidden from
    > > overseas. You see immigration first, to see if you're allowed in at all.
    > >
    > > Betastar
    > >
    > >
    > > On 20 Feb 2002 15:41:04 -0800, [email protected] (Julie T) spake:
    > >
    > > >Thanks for the reply. My passport is indeed valid for another 5 years, and the
    > > >renewal date is stamped on another page of the passport. At that time, the
    > > >customs agent did not tell me about "212(a)
    > > >(7)(b)(i)(I)" and the meaning of that INA clause. He only told me that I was
    > > > inadmissible, and returned my passport with that clause written on
    > > > the B1 Visa with "Withdrawn " stamped on it. Thus, I did not point
    > > > it out to the customs agent because I was not aware of it. I only
    > > > knew about the meaning of that clause after coming back and finding
    > > > it out from the internet.
    > > >
    > > >What shall I do? My boyfriend intends to apply for a K1 visa for me. Will I be
    > > >denied a K1 Visa because of this ? I appreciate some advice. Thanks.
    > > >
    > > >
    > > >Andrew DeFaria <[email protected]> wrote in message
    > > >news:<[email protected]>...
    > > >
    > > >> So are you saying that your passport is indeed valid for 5 years? If so then
    > > >> 212(a)(7)(b)(i)(I) does not apply to you. Did you point this out to the
    > > >> customs agent?
 
Old Feb 22nd 2002, 11:25 am
  #10  
Andy Platt
Guest
 
Posts: n/a
Default Re: Advice needed on INA 212(a)(7)(b)(i)(I)

There is probably going to be one additional hurdle: They will want to get the
fingerprints you probably had taken when being denied entry and do an FBI check with
them. That might add a few weeks delay.

Andy.

--
I'm not really here - it's just your warped imagination. "Julie T" <[email protected]>
wrote in message news:[email protected]...
    > Betastar, Thanks for clarification. I think I was confused, it was the INS officer.
    > Do you think that incident will affect the K-1 visa application because that clause
    > was written on the withdrawn B1 Visa?
    >
    >
    >
    > [email protected] (Betastar) wrote in message
news:<[email protected]>...
    > > Just a note, because this is really annoying at times. The customs agent didn't
    > > do anything to you - probably never even saw you.
    > >
    > > The INS officer, on the other hand, did.
    > >
    > > Customs and Immigration are two different things - Customs are the people who
    > > make sure you're not bringing in drugs or fruits or something else forbidden from
    > > overseas. You see immigration first, to see if you're allowed in at all.
    > >
    > > Betastar
    > >
    > >
    > > On 20 Feb 2002 15:41:04 -0800, [email protected] (Julie T) spake:
    > >
    > > >Thanks for the reply. My passport is indeed valid for another 5 years, and the
    > > >renewal date is stamped on another page of the passport. At that time, the
    > > >customs agent did not tell me about "212(a)
    > > >(7)(b)(i)(I)" and the meaning of that INA clause. He only told me that I was
    > > > inadmissible, and returned my passport with that clause written on
    > > > the B1 Visa with "Withdrawn " stamped on it. Thus, I did not point
    > > > it out to the customs agent because I was not aware of it. I only
    > > > knew about the meaning of that clause after coming back and finding
    > > > it out from the internet.
    > > >
    > > >What shall I do? My boyfriend intends to apply for a K1 visa for me. Will I be
    > > >denied a K1 Visa because of this ? I appreciate some advice. Thanks.
    > > >
    > > >
    > > >Andrew DeFaria <[email protected]> wrote in message
news:<[email protected]>...
    > > >
    > > >> So are you saying that your passport is indeed valid for 5 years? If
so
    > > >> then 212(a)(7)(b)(i)(I) does not apply to you. Did you point this out
to
    > > >> the customs agent?
 
Old Feb 22nd 2002, 1:45 pm
  #11  
Betastar
Guest
 
Posts: n/a
Default Re: Advice needed on INA 212(a)(7)(b)(i)(I)

On 21 Feb 2002 17:40:36 -0800, [email protected] (Julie T) spake:

    >Betastar, Thanks for clarification. I think I was confused, it was the INS officer.
    >Do you think that incident will affect the K-1 visa application because that clause
    >was written on the withdrawn B1 Visa?

My husband has a withdrawns B1/B2 visa in his passport - he's also here and has his
green-card now. =)

If they let you leave voluntarily, then there should be no problem. However, expect
hassles coming in and out of the US for the next 10 years or so - they will ask you
what happened at the port of entry for years to come
 
Old Feb 22nd 2002, 5:45 pm
  #12  
Michael Voight
Guest
 
Posts: n/a
Default Re: Advice needed on INA 212(a)(7)(b)(i)(I)

Betastar wrote:
    >
    > If they let you leave voluntarily, then there should be no problem. However, expect
    > hassles coming in and out of the US for the next 10 years or so - they will ask you
    > what happened at the port of entry for years to come

If she gets a green card, are they still going to continually ask why she was not
able to enter as a tourist.
 
Old Feb 23rd 2002, 2:07 am
  #13  
Betastar
Guest
 
Posts: n/a
Default Re: Advice needed on INA 212(a)(7)(b)(i)(I)

On Fri, 22 Feb 2002 10:42:49 -0800, Michael Voight <[email protected]> spake:

    >Betastar wrote:
    >>
    >> If they let you leave voluntarily, then there should be no problem. However,
    >> expect hassles coming in and out of the US for the next 10 years or so - they will
    >> ask you what happened at the port of entry for years to come
    >
    >If she gets a green card, are they still going to continually ask why she was not
    >able to enter as a tourist.

Reinhard had his passport stamp (in other words, his green-card) by Christmas, but
when we came back from Austria just after New Year's the nice ONS lady ran his
passport through the machine and said to him "So, what happened with the withdrawn
visa?" (This is almost 2 years later).

He, being jet-lagged and still not quite back into English-mode, didn't quite catch
what she said, so I said "He wanted to come for a longer visit, but the INS at Dulles
were afraid he'd marry me and stay, so they sent him home."

Her response: "Yeah, we'll do that. Expect to be asked about this for a good 10 years
or so each time you come back into the US."

*sigh*

Betastar
 

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