expatforums
Go Back   expatforums > Immigration & Visas > US General immigration > Refused for VWP entry
US General immigration General US immigration issues - This is a gateway to the misc.immigration.usa newsgroup. Please read the group FAQ's before posting.

 
 
Thread Tools Search this Thread Display Modes
Old 09-02-2007, 11:47 PM   #1 (permalink)
Lalah
 
Posts: 3
Default Refused for VWP entry

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! hmy:
 

Old 09-03-2007, 12:01 AM   #2 (permalink)
Poppy girl
 
Posts: 93
Default Re: Refused for VWP entry

> 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! hmy:

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?
 
Old 09-03-2007, 12:06 AM   #3 (permalink)
Lalah
 
Posts: 3
Default Re: Refused for VWP entry

> 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?

7 months
 
Old 09-03-2007, 12:14 AM   #4 (permalink)
Poppy girl
 
Posts: 93
Default Re: Refused for VWP entry

> 7 months

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.
 
Old 09-03-2007, 12:51 AM   #5 (permalink)
Elvira
 
Posts: 2182
Default Re: Refused for VWP entry

> 7 months

3 year ban...
 
Old 09-03-2007, 01:18 AM   #6 (permalink)
Joe Feise
 
Posts: 1268
Default Re: Refused for VWP entry

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.
 
Old 09-03-2007, 01:24 AM   #7 (permalink)
Ian-Mstm
 
Posts: 6030
Default Re: Refused for VWP entry

> 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! hmy:

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
 
Old 09-03-2007, 01:53 AM   #8 (permalink)
Lalah
 
Posts: 3
Default Re: Refused for VWP entry

> 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.

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.
 
Old 09-03-2007, 02:53 AM   #9 (permalink)
Sapphyre
 
Posts: 258
Default Re: Refused for VWP entry

On Sep 2, 8:51 pm, Elvira <member35...@nomx.britishexpats.com> 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.
 
Old 09-03-2007, 03:36 AM   #10 (permalink)
Joe Feise
 
Posts: 1268
Default Re: Refused for VWP entry

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.
 
 


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off




Copyright © 2004, 2007 expatforums.com


Powered by: vBulletin, ©2000 - 2012, Jelsoft Enterprises Ltd. - LinkBacks Enabled by vBSEO