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A lawyer who can take a CBP case section 212a (7) A I I immigrant without an immigrant visa of INA?

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Customer reply replied 4 months ago
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Answered in 2 hours by:
1/14/2018
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,457
Experience: She has worked on all types of U.S. Immigration cases since 2007.
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Hello, my name is***** & I will be the immigration attorney helping you today. I'm reviewing your question and will be with you in a few minutes.

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Customer reply replied 4 months ago
Hi,
I want to inquire if you can handle a case, my brother is a UK citizen he got ESTA as he became a UK citizen and visited me in USA twice. He had a valid ESTA and was visiting third time and he was being held by CBP at Fort Lauderdale airport in Florida, was accused to provide wrong information in the ESTA application form.There was a question " Have you ever been denied a US Visa" he answered "no" because he applied ESTA first time after becoming a UK citizen. Where as he was denied a US visa several times on his previous Pakistani Passport. So the CBP Officer got him on that. He was being detained and sent back to UK. He was charged section 212a (7) A (i) ( I) immigrant without an immigrant visa of INA as amended visa by CBP. Please help what can I do to resolve?

Unfortunately CBP is right because he did lie. When that question asks if he has ever been denied a visa, it does not mean only as an ESTA holder. It means his WHOLE life. Since he lied, they were correct to deny him entry to the US and charged and have his ESTA canceled. https://www.nolo.com/legal-encyclopedia/applying-nonimmigrant-visa-hranka-waiver.html

The only thing he can do now is apply for a tourist visa but he will need a waiver under INA 212(d)(3) also called a Hranka Waiver when he applied because now he is barred from returning. You can find more information here on how it works and the process.

He has to do this himself.

Good luck to you and I hope this answer has helped you.

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Customer reply replied 4 months ago
My question was how to resolve the issue, not another type of visa. I do not want to continue please refund me the money
Customer reply replied 4 months ago
I can not rate

You asked "what can i do to resolve"?

I have answered exactly that. I have explained that he has to apply for another visa with a waiver because he will NOT be given an ESTA again. There is no way to resolve that part. The only way is what I have told you.

I'm sorry if that's not what you wanted to hear but I cannot lie to you just to earn your rating. I must be honest with you. I do not make the laws and unfortunately I can't change them.

I spent my time and expertise reading your question and answering you truthfully. We only receive any credit for our time when you leave a rating.

Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,457
Experience: She has worked on all types of U.S. Immigration cases since 2007.
Verified
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Jen Marie, Esq.
Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 6,457
6,457 Satisfied Customers
Experience: She has worked on all types of U.S. Immigration cases since 2007.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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