Mistake on 212(e)/2 year residency?

[knick400]

Just curious, has anyone ever had a border/embassy official make a mistake on deciding whether they are subject to the 2 year requirement or not? Are mistakes more common at certain border points (land/air)? Also, when you re-enter the US, crossing back and forth, are you expected to have the border official once again check off your DS2019 form and re-evaluate the 2 year residency?

 

[area51]

Just curious, has anyone ever had a border/embassy official make a mistake on deciding whether they are subject to the 2 year requirement or not? Are mistakes more common at certain border points (land/air)? Also, when you re-enter the US, crossing back and forth, are you expected to have the border official once again check off your DS2019 form and re-evaluate the 2 year residency?

mistakes occur yes,
If you have the HRR, you have it until you get it waived, have it erased by the US State department through a Advisory Opinion, or you fulfill the 2 years in your home country. There are no loopholes in this law, and you shouldn't waste any more time trying to find one.

Only the Department of State will re-evaluate whether you should have had the 2 year requirement or not. Not a border officer.