After completed the 5 years band. What waiver is needed or if need any? Setcion 235b1 INA 212a7ai1.

Asked over 1 year ago - Santa Barbara, CA

My sister was deported at the airport in Detroit. She got a 5 years band for having intention to work and live in the US indefinitely. She got section 235 b 1 stamped in her passport and was inadmissible under the Section 212a7ai1. Also says she misrepresented herself even after finding evidence (phone conversation that the had a guaranty job here). My mother is a LPR and wants to apply for her to get green card. My question is: After she completed the 5 years band does she need to apply for any waivers? One for the lawyer said she needs to get the I-601 waiver but other says she doesn't apply for it. Also they disagree on the for I-212. The form says you are not eligible if you completed the 5 years outside the US and One of the lawyer still thinks she need the form I-212. Help me.

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . Fraud and misrepresentation is for life not 5 years. You need an immigration lawyers and not in the "online" AVVO version, but alive and able body and mind.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  2. Lynne Rogers Feldman

    Contributor Level 18


    Lawyer agrees

    Answered . You need to obtain a lawyer with whom you have confidence to properly advise your sister. We woudl need to know the facts to advise her.
    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration Law

    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108 | (619) 299-9600
    Fax: (619) 923-3277

    Former Adjunct Professor -- Immigration law
    University of Illinois College of Law

  3. John Grayson Davidson


    Contributor Level 17


    Lawyer agrees

    Answered . Listen to the advice of Mr. Segal, and get yourself a real human being type of lawyer.

    Free Consultation Anywhere in USA | 626-399-4194 | |

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