Rete

Are 212 waivers required in all cases where a person was not allowed entry into the US. Someone asked me about a situation they have where they were going to enter the US with a TN visa but upon apply for it at the POE they were refused entry because their education was not what was required for the TN. They were refused entry at that time and received a paper stating such and that code 212(a)..... was on the paper. But they have subsequently entered the US as a visitor without a problem.

Thanks for replies.

Rete

Folinskyinla

Hi:

A VW refusal is NOT an removal FWIW. I just concluded a case where the POE had incorrectly entered a VW waiver as a removal into the "CLASS" database and the ConOff refused the later IV application saying an I-212 was needed. Even though ConOff had all the paperwork, they would not go against the computer -- DHS had to change it.

Battles with DHS were getting nowhere -- finally, with my advice, clients family got congressional intervention -- I receive call from congressional staffer and explain the problem and system -- with the info I provided they made ONE quite strategic inquiry and computer entry fixed in 5 days [counting the weekend] and the NEXT day, I get fax from ConOff inviting client to come ASAP to get visa inasmuch as police clearance was about to expire.

I thanked the congressional staffer profusely explaining that I was a cheap whore who didn't care HOW my client got his thrills. We shared a laugh and shared a hope that something like this doesn't happen again.

DonnaT

My husband had a 212 (a) stamp in his passport. Wwhen we went for our interview it was the only thing he was asked about. In our case it was a "denied entry" re immigrant intent. The interviewer asked him why he was denied, looked the codes next to the 212 up in a book and then told us that it wasn't a problem. We received the Visa that day with no problems at all.

DonnaT

Folinskyinla

Hi:

A reference to 212(a) is to the provisons of the immigration & nationality act which govern grounds of refusal -- it sounds like you are talking about 212(a)(7) which is not having the right documents. 212(a)(2) and 212(a)(6) are the big problems.

Now there may be problems with the METHOD of refusal -- If applicant is allowed to withdraw admission or is a VW refusal -- the notation of 212(a)(7) should not be a problem. However, if it is an actual exdusion -- the most inocuous 212(a)(7) will be a problem.

meauxna

Dammit, Folinskyinla! You're giving me too much to work with today between this one and the "You may not find a sober immigration lawyer"
...really, there's only so many hours in a day for me to crack wise <g>

Love the new pic on BE

TheCoach

Hey everyone - I wanna thank Rete in advance as I am the one in discussion here. Let me spill the details and then I would appreciate your help and/or suggestions.

My fiance and I were going to file K1 last summer and were talking about a good time frame to do so. I then get a job offer in the US and my would-be employer thought I qualified under a TN category. So my fiance and I said that if I got the TN, I would work the year, come home in the spring and file K1 and hopefully be back in the US this time under a K1 in the fall.

Go to the POE and submit my information. Very nice officer says that my documentation doesn't qualify me for the TN visa. He suggests I file the H1B and is nice about it and so forth. He gives me all my information back and a piece of paper which he says I should so to Canadian customs if they ask why I was away ect. I return over the border in my car, Canadian customs didn't pay any attention to why I was there and that is that.

Fiance and I decide a few weeks later that the job isn't going to happen so let's go ahead with the K1. My potential employer is disappointed but understands (and go so far as to say that should I get a K1 - that they would hire me when that time comes). So we file K1 and everything goes smooth - no RFE ect.

Two months later I enter the US via Toronto Pearson Airport to visit fiance and attend two concerts. Asked questions about where I work and what not but nothing out of the ordinary. Let in, enjoy concerts and all is fine.

Got packet 3 a while back, interview date set for June 16th.

The idea came up with me when I started to fill out the 156 and it said if I had been denied a visa in one question and if I had been denied entry on another. So I am (a) wondering what to answer and (b) wondering if this is a problem.

A few weeks ago I called the POE (Ft. Erie) and explained the situation and an officer said I was likely refussed admission and I probably wasn't actually denied a visa.

I had a paper here listed as form 1-160A. In the top right corner it says "Notice of Refusal of Admission/Parole into the United States". Under subject there are two boxes and the one that is checked reads "Refused admission into the United States"

At the bottom, next to my name it says the following: Refused Admission 212(a)(7)(A)(i)(l)

Now I am stressed - Ideas or suggestions?

My fiance and I have dated for more than 3 years, have seen each other probably more than 50 times as well. There should be nothing wrong with our meeting the proof for K1. This part just has me spooked now.

Thanks,

Brian

TheCoach

Called the Peace Bridge and spoke to a VERY NICE AND POLITE agent.

Explained the situation and he said the following:

- I wasn't denied a visa. To be denied a visa has to come from the state department - and that didn't happen.

- Technically I was not refussed admission. (That sort of threw me for a loop).

- He went on to explain that I could answer No to both questions of being denied a visa and being denied entry. And that I could also write a brief note and take the document I have with me just to be sure.

I thanked him for his response and asked if he thought I needed to file a waiver. I said I had a paper here listing that I was refused admission and it quotes a section. This is the good part - In a confident and matter of fact voice he says "I am guessing the reference is to Section 212-a-7-a-i-i" (I think the last one he meant the roman numeral I and not 'i').

I said yeah that is the one. He said shouldn't be a problem, no need to file a waiver and you are good to go.

Yeah I know I heard it from an agent today - does this sound right?

Thanks,

Brian

Folinskyinla

The pic was taken by one of my offspring on a "Hot August Night" -- I not too far away from that venue.

lairdside

Not Hot August Nights in Reno perchance ?

I missed last years as I was in the UK but went the year before.

DonnaT

We put yes on the denied entry question and attached a written explanation. They then asked my husband about it, looked up the section and said it was not a problem. My husband has 212a(7)(A)(i)(I)(4) stamped in his passport. (And a very nice looking Visa is in there now as well)

I would think it would be better to answer yes and then explain so they don't think you are trying to hide anything. You have done nothing wrong so it shouldn't be a problem.

We went thru the same stress as you the week before wondering about the same thing. However, it was the only question the interviewer even asked him so I think he may be a red flag if you say no your were not denied.

Donna

TheCoach

Donna,

I talked to Heather last night and said the same thing. I mean it does say refussed entry on the paper although I think the point the agent yesterday and that day I went to the POE were trying to make is that the actual refusal of entry was just a formality so I could so Canadian officials something if they questioned where I was.

Thanks for your insight, much appreciated.

Brian

Folinskyinla

No. Neil Diamond's live concert album of that name.

lairdside

Ahh

My husband hasn't worked his way through the decades as far as Neil Diamond yet - he still listens mostly to Bob Wills (and the Texas Playboys).

You look happy!

Ranjini

What I wouldn't give to be able to see that particular concert! By far my favourite Neil Diamond Album. Saw him live when he was in Spokane last year as a part of his latest world tour.
Hadn't realised you were a Neil Diamond fan Mr. F....

Tbrghtmn

212's are requests for permission to re-enter the US after deportation/removal.

    >From: Rete

    >Are 212 waivers required in all cases where a person was not allowed
    >entry into the US. Someone asked me about a situation they have where
    >they were going to enter the US with a TN visa but upon apply for it at
    >the POE they were refused entry because their education was not what was
    >required for the TN. They were refused entry at that time and received
    >a paper stating such and that code 212(a)..... was on the paper. But
    >they have subsequently entered the US as a visitor without a problem.
    >Thanks for replies.
    >Rete
    >--
    >Posted via http://britishexpats.com