Ban for 5 years to re-entry US!!HELP
Mar 19th 2016, 10:04 pm
#16
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Ban for 5 years to re-entry US!!HELP
And you know - I was still wrong. It's a 3-year ban for 6-12 months' overstay, and 10-year ban for more than 12 months' overstay.Okay - time to go home and go to bed. I'm useless today!
Ian
Mar 20th 2016, 12:47 pm
#18
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Ban for 5 years to re-entry US!!HELP
The 217 notation in the passport indicates a VWP refusal. A VWP refusal, by itself, doesn't result in a bar because it's not a removal. Any such bar would be the result of an overstay or other violation which doesn't appear to have happened here. The Form I-877 also indicates that it wasn't a removal order because statements for an expedited removal aren't completed on an I-877.
The only other thing I can think of that would result in a bar from reentry (other than requiring a visa) would be if the traveler misrepresented a material fact in the attempt at entry. Persistently claiming to be just visiting and not working when actually working as a tutor could have brought on an immigration fraud ground of inadmissibility. A waiver could be required to overcome that. Fraud/Misrepresentation is a perpetual bar and not 5 years if that happened. Check for "6C" notations in the passport.
I'm not impressed by the attorney's guidance thus far if the attorney claimed there was a 5yr bar. Such an assertion doesn't indicate a knowledge of the law at a level where one should be charging money to people for services.
So getting the statement would be helpful to see what was covered. Of course, a visa application could help get the information. The consulate would likely provide a letter telling the applicant of that ineligibility if it exists.
The only other thing I can think of that would result in a bar from reentry (other than requiring a visa) would be if the traveler misrepresented a material fact in the attempt at entry. Persistently claiming to be just visiting and not working when actually working as a tutor could have brought on an immigration fraud ground of inadmissibility. A waiver could be required to overcome that. Fraud/Misrepresentation is a perpetual bar and not 5 years if that happened. Check for "6C" notations in the passport.
I'm not impressed by the attorney's guidance thus far if the attorney claimed there was a 5yr bar. Such an assertion doesn't indicate a knowledge of the law at a level where one should be charging money to people for services.
So getting the statement would be helpful to see what was covered. Of course, a visa application could help get the information. The consulate would likely provide a letter telling the applicant of that ineligibility if it exists.
Mar 20th 2016, 5:51 pm
#19
BE Commentator
Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,444
Re: Ban for 5 years to re-entry US!!HELP
Something is missing. What else is there that would entail a five year ban? It sure is not a "refuse 217.4(a)."
Absent complete information, no once can really give you an accurate answer.
Absent complete information, no once can really give you an accurate answer.
Mar 20th 2016, 5:56 pm
#20
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Joined: Feb 2010
Location: Los Angeles, California
Posts: 8,444
Re: Ban for 5 years to re-entry US!!HELP
The 217 notation in the passport indicates a VWP refusal. A VWP refusal, by itself, doesn't result in a bar because it's not a removal. Any such bar would be the result of an overstay or other violation which doesn't appear to have happened here. The Form I-877 also indicates that it wasn't a removal order because statements for an expedited removal aren't completed on an I-877.
The only other thing I can think of that would result in a bar from reentry (other than requiring a visa) would be if the traveler misrepresented a material fact in the attempt at entry. Persistently claiming to be just visiting and not working when actually working as a tutor could have brought on an immigration fraud ground of inadmissibility. A waiver could be required to overcome that. Fraud/Misrepresentation is a perpetual bar and not 5 years if that happened. Check for "6C" notations in the passport.
I'm not impressed by the attorney's guidance thus far if the attorney claimed there was a 5yr bar. Such an assertion doesn't indicate a knowledge of the law at a level where one should be charging money to people for services.
So getting the statement would be helpful to see what was covered. Of course, a visa application could help get the information. The consulate would likely provide a letter telling the applicant of that ineligibility if it exists.
The only other thing I can think of that would result in a bar from reentry (other than requiring a visa) would be if the traveler misrepresented a material fact in the attempt at entry. Persistently claiming to be just visiting and not working when actually working as a tutor could have brought on an immigration fraud ground of inadmissibility. A waiver could be required to overcome that. Fraud/Misrepresentation is a perpetual bar and not 5 years if that happened. Check for "6C" notations in the passport.
I'm not impressed by the attorney's guidance thus far if the attorney claimed there was a 5yr bar. Such an assertion doesn't indicate a knowledge of the law at a level where one should be charging money to people for services.
So getting the statement would be helpful to see what was covered. Of course, a visa application could help get the information. The consulate would likely provide a letter telling the applicant of that ineligibility if it exists.
OP's story does not hang together. I tend to think she failed to mention the 217.4(a) notation when she consulted with the lawyer. When I was in practice, I always wanted to see the paperwork. Many lawyers just trust what their client tells them.
Mar 20th 2016, 11:39 pm
#22
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Location: Germany
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Re: Ban for 5 years to re-entry US!!HELP
The only thing I got after the interrogatory which I signed but they didn't want to give me a copy, was this : 217.4 (a) and nothing else. I don't know how the lawyers know that I got a 5 years ban just looking at that code, I have no idea about laws! The lawyer said that she's gonna start a FOIA with CBP and USCIS and something about a G28.
Mar 20th 2016, 11:45 pm
#23
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Re: Ban for 5 years to re-entry US!!HELP
Even if there was a misrepresentation finding [212(a)(6)(C)], that does NOT have a five year limit on it.
OP's story does not hang together. I tend to think she failed to mention the 217.4(a) notation when she consulted with the lawyer. When I was in practice, I always wanted to see the paperwork. Many lawyers just trust what their client tells them.
OP's story does not hang together. I tend to think she failed to mention the 217.4(a) notation when she consulted with the lawyer. When I was in practice, I always wanted to see the paperwork. Many lawyers just trust what their client tells them.
Mar 21st 2016, 12:20 am
#25
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Location: Kentucky
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Re: Ban for 5 years to re-entry US!!HELP
I have no idea about laws!
The lawyer said that she's gonna start a FOIA with CBP and USCIS and something about a G28.
Ian
Mar 21st 2016, 12:21 am
#26
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Mar 21st 2016, 12:25 am
#27
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Joined: Mar 2004
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Re: Ban for 5 years to re-entry US!!HELP
When do you expect your visa interview?
Mar 21st 2016, 12:31 am
#28
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Re: Ban for 5 years to re-entry US!!HELP
I would start the job in August and I would call the embassy in June or earlier to make the appointment. you only get an appointment after calling them and giving your Visa card number so that they charge about 190 euros or more , I'm not sure how much.
Mar 21st 2016, 12:49 am
#29
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Re: Ban for 5 years to re-entry US!!HELP
Thx Ian!
I will not ! I am going to look for another opinion, I'm just confused and overwhelmed. I just think she wants me to sign that G28 because in December last year I tried to get my record of incident by myself and two months later I got a letter from USCIS telling me that they couldn't do it. I will post tomorrow this long letter . Maybe someone could help me to understand this English .
Apparently you need a lawyer to get it back
I will not ! I am going to look for another opinion, I'm just confused and overwhelmed. I just think she wants me to sign that G28 because in December last year I tried to get my record of incident by myself and two months later I got a letter from USCIS telling me that they couldn't do it. I will post tomorrow this long letter . Maybe someone could help me to understand this English .
Apparently you need a lawyer to get it back
Mar 21st 2016, 12:52 am
#30
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Location: Virginia
Posts: 352
Re: Ban for 5 years to re-entry US!!HELP
When you were denied entry you should have been provided with an I-877, you can request a copy though, so you don't need a lawyer for that. It should explain exactly why you were denied entry and any implications. I'm surprised you weren't given any paperwork, did they make you sign anything?