Deportation on H1b.......Ban for 5 years which has already been completed

paturisai17

New Member
Hello,

I got a ban for 5 years in June 2015 due to misrepresentation, and now I wanted to come back. what are my chances to get a waiver?
 
If a ban is over, you don't need a waiver for it. However, the ban for fraud or misrepresentation of a material fact is a lifetime ban under INA 212(a)(6)(C)(i). You might have also had a 5-year INA 212(a)(9)(A)(i) ban for having been removed upon arrival. (If you were removed from within the US, it would be a 10-year ban.) Your 9A ban may be over, but if the facts support you having a 6C ban for fraud or misrepresentation, that ban will never be over, and will still need to be waived. What visa are you seeking to get now?
 
Im trying to enter on F1 visa and i was been given this at POE. Not sure if this can be waived off or not. Also they did select the check box for five year ban in the same document.

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Yes, so everything is as I said. You have a (6)(C)(i) ban which is a lifetime ban for fraud or misrepresentation. You were also denied under (7)(A) which basically means you failed to overcome the presumption of immigrant intent (which is a generic reason they use to deny nonimmigrants for anything in your case that they don't like). (7)(A) is not a ban (i.e. inadmissibility for a period of time) by itself; it is only an inadmissibility for that time only. However, after your denial of entry, you were removed by expedited removal (INA 235(b)(1)) rather than being allowed to depart voluntarily, and this removal triggered a 5-year (9)(A) ban (i.e. in the 5 years after removal you will be inadmissible under (9)(A), but (9)(A) was not a reason for denial for that entry).

The (9)(A) ban is over, but the (6)(C)(i) ban will remain forever. So that will either need to be waived, or perhaps you can somehow argue that the determination was incorrect, that you didn't actually commit fraud or misrepresentation.

In any case, if you are not a Canadian citizen, then you would apply for an F1 student visa as you normally would. If you are denied the visa due to the ban, and if you are not also denied due to failure to overcome the presumption of immigrant intent, then the visa officer can decide whether to recommend you for a nonimmigrant waiver. If you are also denied due to failure to overcome the presumption of immigrant intent, then there is nothing you can do except apply again later, since immigrant intent cannot be waived.
 
Hello again, as I mentioned above while I was searching for my Visa Appointment dates for F1, I went through my Deportation Questionnaire document provided by a CBP official on July 2015 during my deportation process. Seems like they did mention the wrong Visa number that doesn't match the Visa obtained for H1B in June of 2015 in the document. Is there any way to fight against it as that Visa number mentioned on the document was linked to my F1 visa that ended on June 2015 before my deportation date?

Also, my F1 is legal as I hold a valid master's degree from Univerity in Fairfax, VA. also completed my STEM for 27 months. I got an I20 from a reputed University in Texas and I'm planning to go for my Visa stamping this OCT if I'm eligible. Please suggest if i can fight against the wrong Visa Number mentioned in the document provided by the CBP officer.

H1 -- Visa number -- K2080957
F1 -- Visa number -- C6137432
 

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