sec. 212(a)(7)(B)(i)(1)A - Family sent back

H

hmm2003

Registered Users (C)
Hello ,

My family was sent back and they have a stamp on the passport which goes like this :

I (or 1,) -275 APPLICATION WITHDRAWN
TO DEPART FOREIGN
Pursuant to Sec. :sec. 212(a)(7)(B)(i)(1)A

Does anybody know what this stamp means ?
Is this Deportation ?
What does the stamp on the passport say for a Deportation case ?

Thanks a lot .
 
You should know what's happening...

When/where/how did that happen? What did the officer who stamped the passport say about the situation? We cannot guess here...
 
Looks to me like their passports weren't valid for the visa duration period. Here's what the section of the INA says:

Any nonimmigrant who is not in possession of a passport valid for a minimum of six months from the date of the expiration of the initial period of the alien's admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to and enter some other country during such period.

When do their passports expire?
 
Hi,
First dependent passport expires on : jan 28 2004 and
second dependent passport expires on :Aug 5th 2006 .

They had come on expired AP document while 485 pending .We saw the stamp on the AP document which had said "PAROLLED UNTIL aug. 2003 " when we entered US last year the INS officer told that it was an extension of the AP document and can be used multiple times .
Based on that info. my family left US in emergency situation thinking that this document is valid for rentry .
But at the POE we realised that the stamp was not a n extension and that it was meant to be valid in US only .

I did not ask or cross check the validity of the stamp on the AP document and went solely on the info the officer gave us .

that is the story !
I am now opting for CP for my family ..if you know proper steps for CP and shorter route let me know which would be helpful . I am doing my home work now so that I do not miss any thing .

Thanks all of you .
 
My Friend,

I am not a Lawyer or a person with good knowledge on these issues.SO please cross check all the information. I just did a google search (section 212(a)(7) Immigration I-275) and found this info.


Waiver denied under section 212(d)(4) of the Act. An alien whose nonimmigrant visa has become automatically void under section 222(g) of the Act is inadmissible under section 212(a)(7)(B)(i)(II) of the Act, as a nonimmigrant who lacks the required visa. When the alien does not qualify for any waiver under section 212(d)(4) of the Act, the automatically voided NIV or NIV/BCC must be canceled under section 222(g)(1) of the Act. Consequently, the alien is inadmissible under section 212(a)(7)(B)(i)(II) of the Act and therefore subject to expedited removal.


This is the complete URL

http://www.cyrusmehta.com/news_cyru...=595&intPage=60

Hope this helps.

Parshu
 
I re-entered US, with my family, on AP in Dec 2002 and the officer stamped the AP - "admitted until Dec 2003".

But the Ap expired on7th March 2003. In this case the officer had made it quite clear that, despite that stamp, we can not use this AP fo re-entry after 7th March 2003.

Sorry about the inconvenience your family had to go thorugh but you should have read the AP more carefully.
 
Applying AP renewal could be a solution

Renew their AP immediately and hopefully get through, mail to them... It will take time but I don't see a better way to handle this.

Do consult your lawyer... A lesson is never trust what you heard (or what you think you heard) but what is written.

Good luck!
 
Originally posted by parshu
Consequently, the alien is inadmissible under section 212(a)(7)(B)(i)(II) of the Act and therefore subject to expedited removal.
Click to expand...

Yes, but this is 212(a)(7)(B)(i)(I), which is different. Either way, the application for entry was allowed to be withdrawn by the BCBP agent at the POE, which was a nice thing to do. Shouldn't be any negative consequences from that.
 
Jan485 is right. Renewing AP is the only option and should take 3 -4 months.

CP does not seem to be an option.
 
Dodital

I can't agree with you. For AP Renewal, one needs to be in US, at the time of application. Now that, his family is no longer in US, they may not apply for AP.

I might be wrong too. Any comments, welcome.
Bob
 
I tend to agree with bbbishop. Since the family has been denied entry to the U.S., it might be impossible to apply for AP. The BCIS computer may have records of the incident at POE.

Did you ask your lawyer how to deal with the situation?
 
Thanks Bbishop,

I did not know one had to be in the US while applying for AP renewal. But how will anyone be able to determine if one is in the US?

Renew and mail not an option?
 
Dodital

Honestly I don't know. Also, there is a possibility that, you might get away from this and get an AP. But, at port of entry, the immigration officer has information about your entry and exit dates. If the AP receipt date is between your departure and arrival, then he can easily make it out and would deny your entry again.

Bob
 
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