Under section 212(a)(7)(A)(i)(I) plzz!!!

[kev&fabi]

Hello to All !!! :thumbup:
I need some help about the waiver process, my entry was denied in April/2007
I was in the US on B1/B2 visa and I've overstayed the last time more then a year.
We got married on February/2007 and before we file for the I-130 we had to leave US back to my country Brazil.
Me and my husband we try to go back to the US April/2007 but they only let him in separating us on nyc airport border, they told us that I must to go back to Brazil so we can start our paper work from there.
My husband is in USA and he filed for the I-130 and also for the I-129F witch I just recvd today the NOA1 (finally Thank God).

On my passport, I was stamped on the top of the visa (cancelled) with the annotation 222g and .212(a)(7)(A)(i)(I).
I paid for my own plane ticket and returned to Brazil the same day. The officers told me I'll not be ban for the 3 or 10 years.
On the paper that I have copy says : " I was inadmissible under section 212(a)(7)(A)(i)(I) and voluntarily withdraw my application and return to my country in lieu of a formal determination of her admissibility by CBP under section 235 (cool.gif (1)..."

As we wait for our interview in Brazil, for our I-130 or I-129F (K-3) sometime in the next couple of months, my questions are:

-Have any body been thru this like me? :blush:
-How strong have to be my arguments since I have not a deportation, but I did withdraw my application....
-And how long we may have to wait after the interview...waiting for the waiver???
-I'm from Brazil , do you guys know if I need a waiver , where they may send it??? MExico??? Lima?

I really appreciate if anybody is willing to help me out with any information. Thanx:shy:

[Lulu]

When you were denied entry to the US, interestingly enough, it was not because of your overstay. Either the officers did not notice your overstay, or chose to overlook it for whatever reason. The official reason you were denied entry is because you were trying to enter with a tourist visa when they deemed you an immigrant. Basically, because you were coming in on the wrong visa type. That is why they told you to go back to Brazil and start your paperwork there, because you have to enter the US with an immigrant visa since you are married to a USC and planning to stay.

The code they gave you does not give you a bar, but your overstay does. Are you certain you have more than 1 year in unlawful presence? I'm surprised the officers didn't notate that.

You will have to go through the I-601 waiver process if you have more than 1 year in unlawful presence. If that's the case, you would have a 10 year bar. But for some reason, those officers told you that you don't have a bar, so be sure to go over your dates (could you be mistaken?)

Assuming you have to file I-601 for the overstay, yes, it would go through Lima. From what you wrote, you shouldn't need any waiver for the refused entry, though the Consular Officer may still require you to file form I-212, which is a deportation waiver. Like I said, you don't appear to need it, but they may still ask for it. In that case, don't worry, it will simply be filed together with the I-601 waiver, they will be decided together.

By the way, here is the section of law they wrote on your passport:

(7) Documentation requirements.-

(A) Immigrants.-

(i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-


(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 21

[kev&fabi]

Hi Lulu tnks for your quick answer...Let me explain how really happen...
I did not tell them that I was married...my husband was right after me but on diferrent line since he's US citizen, he pass, I just went to the officer and as always I do I just told him I was there thru business (B1 visa) but for the first time something appear on the computer(may they have change the system :( ) I dont know...but this time was the only time I stay more them one year ...I was in the US since 2005...every other trips I did for all this years I never stay more then one year..ANW...(strange thing, this officer was sending everybody to inspection inside so before he call me , he sent another girl in front of me) ok here we go..He look at my passport scan...and...he ask me to following him...I was so nervous, and I look to my husband but he was passing thru he could talk to me, they separate us. So I went inside ...crazy..lots of people...I sat next to this girl, I was nervous like everybody inside...theres 4 officers each one has theyr own computer..checking case by case in order...so I ask this girl and she told me she's was coming really for one week tourist, and the only thing she did wrong was long time a go (1999) she have stayed for one year ...but after that she was leaving here in Brazil and since 1999 she have never came back to the US...So after 4 hours waiting they call her...she was decline because her overstay 1999...do u believed??? So that time I was already toooo nervous, crying, whitout knowing about my husband...was horrible feeling.. they call me ..the same guy as she has it...
He start asking me regular questions...like WHEN WAS LAST TIME I WAS IN THE USA...so I try to lie and he told me ...don't do this...I will ask you again...So I look at him and said...my last entrance was 2005...then he ask
me when did u leave the Us...I could answer..I was afraid...because was in February /2007...I just got married and left the country without felling for any paper...so again he looked at me ...and he said...I know you left the USA in February,14,2007...you can lie we have everything here on the system...then he told me you will be deported...OH MY GOD...so I tried to explain...that I lie I'm sorry and my husband is there outside...and I just got married and February, and we have no time to do anything, bc of a family emergency we had to travel to brazil...so for some reason he stop...and he was trying to understand...I explain, I even have my husband driver license and docs on my purse...so I show him....He said Calm down since you are marryied to a US citizen, let me see...just calm down...So he's boss (ass%@+=*) came and he just look to my face and said SEND HER BACK...with the other girl...he even said ...check with the flight cia when is they next flight...they may leave tonight...OH MY GOD...
The moment the officer just kill me inside..I could believe what just happen...
I start to talk and cry and explain to him, he doesn't wanna listen...So finally I convince him to go to y husband outside and he can talk to him...The officer was joking with me, like I just got married for papers...
He decide to go there and see my husband...he went where the luggage are and he found my husband there...he was so nervous...he try to explain also...he show him the marriage certificate...but the guy does not want to listen...
So the Officer Rios, was trying to help , but no lucky, he told me I can make only one phone call...I just call my husband, I was crying, couldnt even talk....another CBPO officer witch I was talking outside (before I went to this crazy room) he found me inside crying and I see he was looking at me , so he ask what happen, and the other officer told him, he ask me to talk to my husband...
They talk for maybe 5, 7 minutes, after he hang up...he told me don't worry I will try to help you...let me work on your paper work...he got all my file...(I was just praying for him to be my angel, my angel name's MARCELO KORB) and he also told me , he will allow me to talk more times durant the day with my husband.... I was happy, just trying to relax and wait...between this time he call me many times to take pics, to read some papers, to eat, to answer some questions, to find my lugage( my husband left me one bag) and every time Mr.Korb was telling me plz calm down I will try my best but I cant promise, He needs the OK from his boss...but for our surprise the one ..the officer form the morning( shift changed afternoon) he was so mad at me, he really wants to send m e back to my country, so before he left at (12pm) he did make sure to stamp my passport (cancelled stamp)...and after Korb find out he came and explain to me, he all day was trying with he'ss other boss...but no way...
So he explained to me, I was "voluntarily withdraw my application for admission" under section 235(b)(1)...he told me I just have to come to brazil and my husband have to start the paper right the way so I can go back to be with him ( I know he was trying to make me feel better) ...I sign few papers, where he ask me regular questions, he also give me a copy, like I said I pay for my own ticket back....and the same day they send me to brazil...
I came back with the girl that I told you...she was very depress too, and guess what...we became friends ...she lives on another state here in Brazil ..so she was told the same thing as me...they did the same process to her...and this month (JUL 11) ...she went to get another visa B2 tourist...and she got it...they ask about what happen but she did not have to file for any waiver...
I was surprised...the CBP korb...explain to us...I could have done the same thing if I was not married but since I'm married to US citizen I have to go thru another visa...
I dont know ...I just telling you my history...I'm sorry to make this so big ...I was just thinking to explain better how exactly happen...
So now I dont know if I have the bars or not???? How can I find out???

thanks again for your response...But plz keep in touch...
:)





When you were denied entry to the US, interestingly enough, it was not because of your overstay. Either the officers did not notice your overstay, or chose to overlook it for whatever reason. The official reason you were denied entry is because you were trying to enter with a tourist visa when they deemed you an immigrant. Basically, because you were coming in on the wrong visa type. That is why they told you to go back to Brazil and start your paperwork there, because you have to enter the US with an immigrant visa since you are married to a USC and planning to stay.

The code they gave you does not give you a bar, but your overstay does. Are you certain you have more than 1 year in unlawful presence? I'm surprised the officers didn't notate that.

You will have to go through the I-601 waiver process if you have more than 1 year in unlawful presence. If that's the case, you would have a 10 year bar. But for some reason, those officers told you that you don't have a bar, so be sure to go over your dates (could you be mistaken?)

Assuming you have to file I-601 for the overstay, yes, it would go through Lima. From what you wrote, you shouldn't need any waiver for the refused entry, though the Consular Officer may still require you to file form I-212, which is a deportation waiver. Like I said, you don't appear to need it, but they may still ask for it. In that case, don't worry, it will simply be filed together with the I-601 waiver, they will be decided together.

By the way, here is the section of law they wrote on your passport:

(7) Documentation requirements.-

(A) Immigrants.-

(i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-


(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 21

[Lulu]

From what you're saying, the officer was just trying to be kind to you. But your overstay does mean you have a 10 year bar, even if the officer was trying to be nice and didn't note that as an official reason - you'll have to file the I-601.