I am a arriving alien found to be inadmissible , they removed me and wrote on my visa : 22 cfr 41.122(h) (3)

Asked over 2 years ago - Chicago, IL

My wife is american , they stamp my passport with stamp says the following:
For removal from the UNITED STATES
BY ------------------------------ (carrier name)
on ------------------------------(removal date)
CBP Form I-860 removal order
Issued pursuant to section 235(b)( i)
of the Act
R a/s 39006
----------------------------------------------------
(Date) (port) ( officer number)
Customs and border portection

Attorney answers (3)

  1. Stephen D. Berman

    Contributor Level 20

    3

    Lawyers agree

    Answered . The trouble with your description is that 235(b)(1) is the section of the Act for expedited removals. If that's what happened, there is a 5 year bar to returning. But the section of the Code - presumably you meant (e)(3), means you withdrew your application for admission, which means no bar to returning. I think it would be worthwhile to get a copy of your records under the Freedom of Information Act. You have be able to get the port director to change his or her decision if there was an order of expedited removal.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  2. Dhenu Mitesh Savla

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . I agree with the other attorney. What visa were you entering on or was it on a green card. Some other facts may explain what went wrong. In either case, if you are married to a US citizen you may be able to waive the charge of fraud, if there is any need for a fraud waiver.

    Dhenu Savla, Esq.
    SwagatUSA, LLC
    www.swagatusa.com

  3. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . 22 CFR 41.122 (h) Revocation of visa by immigration officer. An immigration officer is authorized to revoke a valid visa by physically canceling it in accordance with the procedure prescribed in paragraph (c) of this section if: (3) The alien is notified pursuant to INA 235(b) by an immigration officer at a port of entry that the alien appears to be inadmissible to the United States and the alien requests and is granted permission to withdraw the application for admission;

    This means that they told you why they were refusing to let you in and they were 'nice' enough to let you withdraw your application to get in.

    Why don't you give us more facts ... and ask a question.

    FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It... more

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