Can anybody recommend an immigration attorney in SF/peninsula/SJ area?
Here is the situation. I am an US citizen. My girlfriend arrived on VWP last week. She never violated any immigration laws, she never overstayed. The last time she left USA in August 2019, almost a year ago. She was dragged into secondary inspection. A CBP officer called me and confirmed our relationship. After that she was put on the plane back to Korea. That happen 8 hours after she arrived. I need to know what I could have done to prevent her deportation and what I am supposed to do now.
А что, это называется депортация? Ей просто отказали во въезде.
2 варианта.
1 - лететь к ней в Корею.
2 - жениться и воссоединяться или подавать на визу невесты.
First, you need to figure out whether she was deported (5 years bar on-reentry most likely applies) or just allowed to withdraw her application for admission (no bar). Then, act accordingly.
Hint: pretty much any strategy will include marriage.
The statement does not show any indication she was allowed to withdraw the application. It says she will never be able to use VWP, but required to obtain a visa. It does not say anything regarding a 5 year ban.
Marriage is not yet possible - my divorce is stuck in the court paralyzed by the coronavirus.
yes, “you have been found inadmissible to the United States”.
It is not just me, who does not understand the situation. The immigration lawyer I contacted can not figure out what exactly CBP did.
I can not find the CFR statue the officer refers to in the statement: “212(a)(7)(A)(i)(I) as an immigrant not in possession of a valid and unexpired immigrant visa”. It looks like CBP screwed up, so it would be nice to toss this decision as illegal and get some restitution.
Idk if you’re aware but Logofilka is an immigration attorney in AZ. Might as well reach out directly for an actual opinion (as opposed to general forum advice).
It is not CFR that is cited, but INA. You are looking in the wrong source.
And it does not seem like CBP screwed up. BTW, these decisions cannot be reviewed or appealed. Good luck with your restitution plans!
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