lalah

I was recently refused entry on the VWP and deported from the US when they found out that I had overstayed previously. They have written the following on my passport: 212(a)(7)(A)(i)(I) + (9)(B)(i)

They said I could apply for another visa from the embassy and that I just won't be allowed in again on the VWP. I am also only a few months away from receiving a permanent immigration number as a member of my family had sponsored me many years ago and this application is near to completion.

I read in another post that having 212(a) on your passport means that you will never again be accepted for a visa. Does anyone know if they were lying to me? I know they lied when they said they were sending me to a nice comfy bed for the night while waiting for my flight home and they actually shackled me and imprisoned me for the night!

Poppy girl

Well I do know that if you over stay on the VWP and try and return then this is what happens! having said that I have heard of other folk that have been aload back in on another Visa actually a friend of mine was deported 6 years ago and she married an American and was let back in.
I have no idea if this will affect the permanent residence status for you but I don't think it will do you any favours.
I am sure others will be able to help out more.

Oh how long did you overstay for?

lalah

7 months

Poppy girl

Yep thats a definate ban I cannot recall how long for but its a few years and you can never get another one VWP again to my knowledge.

Elvira

3 year ban...

Joe Feise

lalah wrote on 09/02/07 16:47:

> I was recently refused entry on the VWP and deported from the US when
> they found out that I had overstayed previously. They have written the
> following on my passport: 212(a)(7)(A)(i)(I) + (9)(B)(i)


These are sections of the Immigration law.
INA 212(a)(7) deals with documentation requirements.
INA 212(a)(9), however, is way more serious. And I think you are not telling the
whole story...
INA 212(a)(9)(B) is about people who overstayed for more than 180 days.
If you overstayed for over 180 days, but less than a year, you are banned from
entry for 3 years.
If you overstayed for a year or more, you are banned for 10 years.
You can't even get an immigrant visa during this time.

-Joe
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

ian-mstm

The (9)(B)(i) is a notation indicating that you *have* accumulated time towards a 3-year ban from the US. It's possible, even if you get a visa number through your family member, that you will not be allowed to use it until you have fulfilled the 3-year ban. Unfortunately, this is what happens when you screw around with US immigration law. I suggest you contact an immigration attorney... you really do need one!

Well, if they told you that you were going to jail, you might have put up a fight. It seems they took the path of least resistance.

Ian

lalah

Not sure what you mean here about the whole story.

On further searching ..

212(a)(9)(i)(I) is a 3 year ban and 212(a)(9)(i)(II) is a 10 year ban, but I only got 212(a)(9)(i) with neither (I) or (II) on the end. 212(a)(9)(i) apparently means generally being unlawfully present. The officer told my sister on the phone that I would get a waiver from a ban. I'm not sure if she was lying to us or not but I expect an immigration lawyer would be able to clarify.

Sapphyre

On Sep 2, 8:51 pm, Elvira <[email protected]> wrote:
> > 7 months
>
> 3 year ban...

The important question now, is when did the OP leave the US? That's
when the three year bar starts from, not the date she attempts to re-
use the VWP after an overstay and bar.

If she overstayed 2 1/2 years ago, she could possibly be eligible to
immigrate when her visa number becomes available. If she left last
month then tried to return a week later, tsk tsk.

S.

Joe Feise

lalah wrote on 09/02/07 18:53:

>> lalah wrote on 09/02/07 16:47:
>>
>>> I was recently refused entry on the VWP and deported from the US
>>> when
>>> they found out that I had overstayed previously. They have written
>>> the
>>> following on my passport: 212(a)(7)(A)(i)(I) + (9)(B)(i)
>>
>> These are sections of the Immigration law.
>> INA 212(a)(7) deals with documentation requirements.
>> INA 212(a)(9), however, is way more serious. And I think you are not
>> telling the
>> whole story...
>> INA 212(a)(9)(B) is about people who overstayed for more than 180
>> days.
>> If you overstayed for over 180 days, but less than a year, you are
>> banned from
>> entry for 3 years.
>> If you overstayed for a year or more, you are banned for 10 years.
>> You can't even get an immigrant visa during this time.
>>
>> -Joe
>> --
>> I am not a lawyer.
>> For reliable advice, consult a competent immigration attorney.
>
> Not sure what you mean here about the whole story.


How long you overstayed.

> On further searching ..


Forget it. You already said 7 months in another post, and that's a 3 year ban.
No waiver. Period. End of story.
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.