Do I need a I212 Waiver?

[Zidane44]

Hello Everyone,

8 years ago I tried to enter to US, but I was deported and border patrol take my fingerprint and photo to their files (I guess). At that moment I was youg (18).

Now, I'm an Enginner, and the company where I'm working wants take to USA unde H-1B visa, but I don't know if this mistake affects my procces to get the visa.

Do I need to apply fro a I212 Waiver?

Please help me!

[lgatica06]

Were you officially deported or was it a catch and release?

[Zidane44]

it was catch and release, I tried just this time to cross, but my concern is that Border patrol take me pic and fingerprint.

[emt103c]

Did they give you any paperwork? Even if it was a technical removal, with eight years passed, you should be okay, at least most of the removals hold a 5 yr ban, without any other charges.

You didn't have any illegal presence, misrepresentation, or claim to be a U.S. citizen?

[Zidane44]

Hi emt103c, thanks for your help.

they don't give any paperwork, even told me that I received a 5 yrs bar for this mistake.

they just take me to the base to take my firngerprints and photos, but when they ask for my name, I lie about it, I give them another name, not the correct.

I don't know if this is considered a big mistake, but I never claim that I was a U.S citizen.

I crossed the river, and half hour later, they catch me and took me to the base.

Hope this help.

[lgatica06]

The I-212 waiver is for deportation only so I don't think you will need it.

Good luck

[Zidane44]

Thanks lgatica06....

Do you think I need to answer this situation if the consular officer asks about it?

My concern is if I say no, and they still have my fingerprints, it will look like I'm trying to trick him , and then they can't denied me the H-1B visa.

[Laura]

I wouldn't lie, because they will likely see that your fingerprints have a hit and find out that you attempted entry. But, I don't think there is any legal basis for this to disqualify you for a visa. No deportation, no unlawful presence, you should be okay.

Good luck!

[emt103c]

Hi emt103c, thanks for your help.

they don't give any paperwork, even told me that I received a 5 yrs bar for this mistake.

they just take me to the base to take my firngerprints and photos, but when they ask for my name, I lie about it, I give them another name, not the correct.

I don't know if this is considered a big mistake, but I never claim that I was a U.S citizen.

I crossed the river, and half hour later, they catch me and took me to the base.

Hope this help.

It sounds more and more, from the description like they did deport you, however, since it has been more than 5 years since then, it shouldn't be a problem. Lying about your name was bad, and possibly could cause some trouble, with their discretion.

HOWEVER, since the 5 years is past, hopefully there will be no issues, you do not need to file the 212 now. Good luck with your interview:)

[Zidane44]

Thank you everybody for your help!

I was very nerviuos anout this mistake in my past, but I hope don't have any issue in my interview.

Thanks Again!!!

[JMRJ]

You should be able to obtain your H1 visa on normal processing- meaning no waiver or I-212 needed. Because you were not deported, your 5 year bar is already up, the misrepresentation you did is not considered material because you did not lie in order to secure a visa. You still have to tell the truth about everything on your application and they should be able to find out that the time you gave them a different name, it does not fall under Section 212 (a)(6)(c)(i) for misrepresentation.... Goodluck!

See 9 FAM 40.63 (http://www.state.gov/documents/organization/87011.pdf)