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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 101939
Experience:  Private practice in several areas, including immigration
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I am a student of a university of San Francisco, I'm doing

Customer Question

Hi ,
I am a student of a university of San Francisco, I'm doing my masters in computer science. I was on a vacation to India this summer i.e. A month back and while going back to United States , on the board of entry of San Francisco my visa was revoked and they gave me ban of 5 years under section 212(a) 7(a)I (i). I have my final semester left and I want to go back to complete my masters. What do I need to do?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This is:

Any foreign national who seeks to enter the U.S. and remain here permanently, or who is suspected of seeking to enter the U.S. and remain here permanently, but who does not have the proper documents to demonstrate that s/he has authorization to do so, is inadmissible.

What someone in your situation wants to do is to reapply for the visa over again. However this time, show that one has no intention of remaining in USA permanently, proof of which includes:

-a bank account back home

-lease/ownership of land

-job prospects

-affidavits from friends/people of standing in the community who can confirm that you will be returning back.

You may also wish to use I-192:

www.uscis.gov/i-192

This is a request for a waiver if you are banned, to be used in conjunction with the visa (re)application.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 12 months ago.
The I -192 form is for different section. And my section is 212(a) 7(a)I (i). What are the chances of approval . This is my last semester and how long will it take for the approval .
Expert:  Ely replied 12 months ago.
Hello there.
No, The I-192 is exactly what someone in your situation wants to file along with the re-application for the visa, because you have been BANNED for 5 years, and the I-192 is permission to enter the USA while you are deemed inadmissible.
Chances of approval are good IF you can show that you have no intention of staying in USA permanently, as explained in the original answer.
Approval can take about 2-8 months depending on the case load of the US Embassy/Consulate.
Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 12 months ago.
Do I need a I-212 with this? I have read this on the Internet. I'm not sure , im confused
Expert:  Ely replied 12 months ago.
The I-212 is not needed as this applies only to someone who has been deported. You were not deported.
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Customer: replied 12 months ago.
I have attached some images of the paperwork I got . My girlfriend lives in US and she is a citizen. Can she help me in any way? We are going to marry soon.
Expert:  Ely replied 12 months ago.
Ah, it looks like you were "removed" after all.
Again: Any foreign national who seeks to enter the U.S. and remain here permanently, or who is suspected of seeking to enter the U.S. and remain here permanently, but who does not have the proper documents to demonstrate that s/he has authorization to do so, is inadmissible.
If you want to marry your girlfriend who is a US citizen and USCIS found out, this is likely what happened.
So yes, a I-212 is necessary as well.
To get back into the country as an F-1 student, one needs to re-apply for the visa, and also file an I-212 and an I-192.
To get back into the country to marry, your girlfriend needs to file an I-129F for you - a fiance visa - and then marry you once you get back in.
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Customer: replied 12 months ago.
Thanks for the reply. Basically my girlfriend will come to my home country and get married. So , then she can file me a I 130 rite? With that I need to file a I-212 I guess. What do you suggest me to do at this point? How shall I proceed?
Expert:  Ely replied 12 months ago.

Correct. If she is coming to you and is getting married to you, then an I-130 is filed, but also an I-601 and I-212.

For step by step guide to the I-130, see HERE.

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Customer: replied 12 months ago.
Is I -601 required in my case? There no deportation(according to you) and no criminal record. Is I-212 enough?
How long will it take for the approval.? What do you suggest me to do in my case?
Expert:  Ely replied 12 months ago.
an I-601 is required.
Yes, the I-212 is required.
Approval process takes about 6 months.
I suggest filing the documents and making the attempt.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 12 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or marked the question positively. I am simply touching base. Let me know. Thanks!