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

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

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Attorney answers 3

Posted

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 does not constitute an attorney-client relationship.

F. J. Capriotti III

F. J. Capriotti III

Posted

I agree with Mr. Berman ... you probably experienced expedited removal and have a 5 year bar ... unless you get a waiver. A FOIA would be a great idea ... along with talking to an attorney about what went 'on' when you arrived at the airport. Clearly they seemed to think that you were trying to 'get around' our visa system ... sometimes they refer to it as an "attempt at an end-run."

Posted

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

Asker

Posted

Do I have to do the fraud waiver and the inadmissibility waiver if I withdraw my application for admission

Dhenu Mitesh Savla

Dhenu Mitesh Savla

Posted

possibly yes if you seek to reapply. Depends on why they asked you to withdraw.

Asker

Posted

My wife will file the petition i-130, I - 485. She is now in the U.S. Do you think that the inadmissibility matter will affect my whole immigration process and delay the processing so it will take so long. How long will it take once my wife filled for me. Moreover, I was detained , do you think that will the immigrating process and my career bearing in mind they tookmy fingerprint many times on the system

Dhenu Mitesh Savla

Dhenu Mitesh Savla

Posted

yes it will have an effect on the time and the chance of approval. Your wife should be working with an immigration attorney.

Asker

Posted

Do you mean that they removed me or they let withdraw on my own. Which one do u mean. My wife has hired an attorney to take care of every thing

Asker

Posted

Do you mean that they removed me or they let withdraw on my own. Which one do u mean. My wife has hired an attorney to take care of every thing

Dhenu Mitesh Savla

Dhenu Mitesh Savla

Posted

If your wife has an attorney, you should be directing the questions to your wife's attorney rather than getting random half-answers here on Avvo.

Posted

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 attorney to discuss your individual case.

Asker

Posted

No , no they wrote 22cfr41122 h r 3 , the did not write e3 , the wrote h3

Stephen D. Berman

Stephen D. Berman

Posted

I believe you. Unfortunately, there is no such section of the US Code of Federal Regulations. SINCERELY, STEPHEN BERMAN Attorney IMMIGRATION ATTORNEYS, LLP 203 N. LaSalle St Ste 1550 PH: 312.661.9100 CHICAGO IL 60601 FX: 312.661.9021 WWW.IMMATTYLLP.COM

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