I-130 for question 16

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vivianibaehr

Registered Users (C)
Hello
My sister recently got deported from Detoit airpot on may2013. She got a determination of indmissibilily section 235(b)(1) INA. From the departament of Homeland secrity under the secton 212(a) (7)(A)(i)(I).I just got my Citizenship and want to apply for her to became a permanent resident. My question is about the question 16 from the form I-130. I know I need to mark YES on deportation. Do I need to attach her document from the deportation? Does anyone know how the deportation is going to afect her process? Do I need to send together the waive form I-212? Please Help me. I'm going to hire a Laywer but since you guys have so many histories and knowlege I want to know if the lawyer is right or if he just want my money. I want to know if my case its a lost cause or if i can have hope, even if i need to wait 12 years to be with my sister again.
 
Based on your mentions of 212(a) (7)(A) and 235(b)(1), it seems she was refused entry because the immigration officer believed she was planning to remain in the US. If that is what happened, it's not a deportation, it's refusal of entry, and it can usually be remedied by applying for an immigrant visa or dual intent visa at a US consulate, or applying for a nonimmigrant visa after establishing additional ties to the home country.

Do you or she have any idea why she was refused entry? Does she have any immigration violations in her past? Was she trying to use a tourist visa to enter the US for some other purpose like studying or working? Did the immigration officer say she's intending to remain in the US permanently? Is she married to a US citizen or permanent resident? The reason for being refused entry is a critical factor in what needs to be done next or if anything can be done about it.
 
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vivianibaehr said:
They found intention to work and they clam she was coming here indefinitely. What should I do?
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Any idea why they thought she was planning to work? Did she previously work in the US, legally or illegally? Did she ever overstay a visa? Did she recently spend a long time (3-6 months) in the US as a visitor? Did a US company pay for her ticket? Does she have a spouse, fiance, parent, or child living in the US?

If you don't provide a more complete background story, we can't figure out what can or should be done about the situation.
 
I'm a US citizen throw marrige. And she is my sister.She came to US three time before never overstayed and always stayed less then 30 days with turist visa.She never work here legally or illegally. Since she wanted to spend more time with me, (4 month) she made friend online where babysitting job will be a option to make some exta money because she was also wanted to renting a room since i leave in one bedroom apartment with my husband, she was going to stay with me for 2 weeks and then rent the room for the rest of her stay.The evidence CBP have are text messenger in her phone, was a CPR book( babysitting requires to have the training),an agenda with babysitting agent phone number and the rented room info. After been interrogated she confesse she had the intention to find a babysitter job throw the agency. She was sent home with a 5 years ban. What can I do for her? Does her application (I-130) be a possibility to get her here.
 
The wait time for siblings is about 12 years, so if you file for her now the 5 year ban will expire long before it's time for her immigrant visa interview.
 
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