Legal Question in Immigration Law in New Jersey
Hello, i landed in new york , and got some questions at the port of entry, when they transferred me to immigration. They asked for my phone and found a text message with my employer(i used to work in the usa before and never overstayed) in which he was saying that is waiting me to come back and work on the next day. My visa this time was a b1/b2 so they found out i intend to work and returned me home. I got a 5 year ban. Is there any possible way i can get the waiver, and go to USA this time just for a week or two on a tourist visa,or get a job and go with a work visa, i realized i wasn't thinking about this and that i wouldn't ever do such a thing again. Please help!
2 Answers from Attorneys
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It appears you were deported under an expedited removal order, which carries a five year bar to re-entering the U.S. This means that you can't reenter the U.S. for a minimum period of five years from the date of expedited removal unless you apply for and are granted permission to reapply for admission to the U.S. (Form I-212). If the basis of the expedited removal falls under INA � 212(a)(6)(C) (fraud or misrepresentation), which I assume was the basis in your case, then a lifetime bar to entry also applies. In this situation, you'll require permission to reapply (I-212) plus the appropriate fraud waiver to reenter the U.S. within the five year period. These waivers are completely discretionary and difficult to obtain. Furthermore, I assume your tourist visa was revoked, so you won't be able to use it to reenter. You'd have to apply for a new tourist visa (or other type of visa), and are very unlikely to be granted one, since you already have a record of violating your non-immigrant status. There is no appeal process for an expedited removal order. However, it's possible to submit a request for review to CBP directly in situations where the expedited removal order was improperly issued. You should consult with an immigration attorney because it's possible you weren't deported under expedited removal, but rather, given the chance to withdraw your request for admission to the U.S. (this is a long shot but worth looking into).
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