Record of Sworn Statement in Proceedings Under Section 235(b)(1) of the Immigration and Nationality Act (INA)

What Is a Record of Sworn Statement in Proceedings Under INA 235(b)(1)?

When an individual is denied entry to the United States at a port of entry, US Customs and Border Protection (CBP) officers may initiate expedited removal under Section 235(b)(1) of the Immigration and Nationality Act (INA). As part of this process, CBP typically conducts a formal interview and records the traveler’s answers in a Record of Sworn Statement (Form I-867A/B).

This sworn statement serves as official evidence in expedited removal proceedings and can be used to justify a ban of five years or more from re-entering the US. The individual’s responses during this questioning can significantly impact their future ability to obtain a visa, green card, or other immigration benefits. Unfortunately, many travelers do not realize the importance of this statement and may unknowingly say things that harm their case.

Why Is This Statement Critical?

  • It documents the reason for removal, such as visa fraud, misrepresentation, or lack of proper documentation.
  • The traveler must sign it before being removed, often without fully understanding its consequences.
  • Any inconsistencies or admissions can later be used against the individual in future immigration applications.
  • It can lead to a misrepresentation finding, making the person permanently inadmissible to the U.S. unless they obtain a waiver.

Why You Need an Immigration Attorney

If you have been issued a Record of Sworn Statement in Proceedings Under Section 235(b)(1) or face an expedited removal order, it is crucial to act quickly. These records can permanently affect your immigration future, but with the right legal strategy, they can often be challenged or corrected.

Do not sign a sworn statement without understanding its consequences. If you or a loved one has been detained by CBP and issued an expedited removal order, you may still have options to fight the decision, request a waiver, or reopen your case.

Call my office now at 305-515-0613 or email info@messersmithlaw.com for immediate legal assistance. We have successfully helped clients challenge removal orders, overturn CBP decisions, and restore their ability to enter the US. Let us help you fight for your rights.

Deportation at the Airport

Can You Be Detained and Deported at the Airport?

Yes, US Customs and Border Protection (CBP) officers have the authority to detain, question, and even deport travelers at the airport if they determine that the individual is inadmissible. This can happen for many reasons, such as missing documents, visa issues, prior immigration violations, or suspicions about your intent to enter the US If you are denied entry, CBP can cancel your visa, place you on the next flight home, place you in detention or even issue an expedited removal order which comes with a 5 year bar from re-entry.

However, being deported at the airport does not always mean your case is over. In many situations, legal action can help overturn a removal decision or secure permission to return in the future. Here are three real cases where we successfully assisted clients after an airport deportation.

Case 1: Business Visitor B1 Visa Holder Denied Entry Due to Suspicions of Unauthorized Work

A European entrepreneur traveling on a B1 visa was denied entry at airport when CBP officers accused him of planning to work illegally. They canceled his visa and sent him back on the next flight. We reviewed his case and determined that CBP misinterpreted his business activities. We worked with CBP to correct the issue and helped him obtain a new visa and return to the US legally for his business meetings.

Case 2: H1B Visa Holder Deported Over an Old Criminal Charge

An H1B visa holder returning from a family trip abroad was detained at the airport after CBP discovered an old drug related conviction on his record. His H1B visa was cancelled and he was removed and banned from re entering the US for a period of 5 years.  Our firm quickly filed a legal brief with CBP and convinced them to remove the 5 year bar.  Now that the bar was lifted, were able able to help him secure a new H1B visa which was approved without any delay. 

Case 3: Student Visa Canceled for Alleged Visa Fraud

A foreign student arriving on an F1 visa was accused of misrepresenting his intent after CBP officers found social media messages suggesting he was working off campus. His visa was revoked, and he was banned from re-entering the US for five years. We filed a nonimmigrant waiver and appealed the decision, successfully arguing that the student did not intend to violate his visa. He was eventually granted a new F1 visa and resumed his studies.

Have You Been Deported at the Airport? Contact Us Immediately

If you or a loved one has been denied entry or deported at the airport, you may still have options. In many cases, deportations can be challenged, waivers can be filed, and bans can be lifted with the right legal strategy. The sooner you act, the better your chances of fixing the situation.

Contact my office immediately at 305-515-0613 or info@messersmithlaw.com for a consultation. We have extensive experience helping individuals fight wrongful deportations and regain their ability to enter the US.

Immigration Success Story – Overcoming INA 212(a)(2)(A)(i)(I) Inadmissibility

A client recently contacted our firm after being denied an immigrant visa due to a past conviction. The US consulate found him inadmissible under INA 212(a)(2)(A)(i)(I), determining that his offense involved moral turpitude. This unexpected decision jeopardized his green card application and future in the US.

Upon reviewing his case, we identified that the consular officer failed to apply the Petty Offense Exception, which allows certain minor offenses to be excused. His conviction met the legal criteria: the maximum penalty was under one year, and his actual sentence was less than six months. Despite this, the consulate mistakenly deemed him inadmissible.

We took immediate action by preparing a detailed legal memorandum explaining why the Petty Offense Exception applied. After weeks of advocacy and direct communication with the consular post, the embassy agreed to a new visa interview. This time, the officer correctly applied the law and approved his immigrant visa without further issue.

If you have been found inadmissible under  INA 212(a)(2)(A)(i)(I), don’t assume your case is over. Many visa refusals can be successfully challenged and overcome with the right legal strategy. Contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to help.

Immigration Success Story – Overcoming E2 Visa Refusal at the US Consulate in Toronto

Recently, a Canadian entrepreneur reached out to us after his E2 investor visa was refused at the US Consulate in Toronto. He had invested a substantial amount in a US based consulting business and had applied for an E2 visa to actively manage and grow his company. However, after attending his interview, the consular officer refused the visa under INA 214(b), stating that he had not sufficiently demonstrated that his business was legitimate and operational.

We reviewed his case and identified the main issues that led to the refusal. The consular officer questioned the viability of his business, the source of his investment funds, and whether the enterprise was more than marginal which is a common concern in E2 visa cases. Additionally, the officer noted that the applicant had not provided enough evidence to show that his business would create jobs for US workers, a key requirement for E2 approval.

After taking on the case, we prepared a comprehensive legal brief addressing each of the consular officer’s concerns. We provided extensive documentation,  to eliminate any doubts about the legitimacy of the business.

We requested that the Toronto Consulate reconsider the refusal and allow our client to schedule a follow up interview. After weeks of advocacy and direct communication with the consular post, the embassy agreed to a new interview, where our client presented the additional evidence. This time, the officer approved the E2 visa without further issue, allowing him to enter the US and fully operate his business.

If you have received an E2 visa refusal at the Toronto consulate or another US embassy, don’t assume that your case is over. Many visa denials can be successfully challenged with the right legal strategy. Contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

Immigration Success Story – Overcoming H1B Visa Refusal at the London Consulate

Recently, a US based technology company contacted us after their employee’s H1B visa was refused at the US Embassy in London. The employee, a highly skilled software engineer, had been working in the US for several years and had traveled to London for visa stamping. However, instead of receiving visa approval, he was subjected to administrative processing, followed by an outright refusal under INA 221(g). The company was eager to have him return to the US to resume his work, but they were unsure how to proceed after the refusal.

We spoke with the employee and reviewed the refusal notice. During his visa interview, the consular officer had questioned the legitimacy of his H1B employment, focusing on whether his role truly required a specialized degree. The officer also expressed concerns about the employer’s ability to pay the offered wage, despite the company being a well established firm. These types of refusals are common when the consulate believes the underlying H1B petition does not meet the legal criteria, even if USCIS had already approved it.

After taking on the case, we immediately contacted the London Consulate to request clarification on the refusal. We submitted a legal memorandum with strong supporting documents, the consulate agreed to reconsider the refusal and requested that our client return for a new interview.

At the second interview, our client presented the additional evidence we had prepared, and the officer reversed the refusal, granting the H1B visa without further delays. Within days, he was back in the United States, continuing his work without any additional issues.

Do you have a similar visa refusal at the London consulate or another U.S. embassy? Contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

What to Do if You Receive a Visa Revocation Notice Under INA Section 221(i)

Receiving a notification from the U.S. Department of State or a U.S. Embassy stating that your visa has been revoked under INA Section 221(i) can be alarming. Such revocations often occur when new information comes to light suggesting you may be inadmissible to the United States or no longer eligible for the visa issued to you. If you’ve received such a notice, like the one from the U.S. Consulate General Mumbai, it’s essential to understand what this means and what steps you can take to address the situation.

Under INA Section 221(i), the U.S. government has the authority to revoke a visa after issuance if they discover new information indicating potential inadmissibility or ineligibility. This can happen for various reasons, such as suspicion of fraud, misrepresentation, criminal issues, security concerns, or violations of visa conditions. Revocation under this section does not always mean permanent ineligibility, but it does mean that the visa is no longer valid, and you cannot use it for travel to the United States.

In many cases, individuals whose visas have been revoked can reapply, but the success of a new application will depend on addressing the issues that led to the revocation. You may need to provide additional documentation or demonstrate that you are not inadmissible to the United States. If your inadmissibility is based on a specific ground, such as a prior overstay or a criminal record, you may need to apply for a waiver before being eligible for a new visa.

Visa revocation is a serious matter, but it does not necessarily mean the end of your ability to visit or immigrate to the United States. With careful planning and the right legal assistance, it is often possible to resolve the underlying issues and regain eligibility. If you’ve received a visa revocation notice, contact my office today to discuss your situation. If your visa was revoked, contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

Pursuing a J1 Waiver as a Fulbright Scholar: What You Need to Know

As a Fulbright scholar under a J1 visa, you are likely subject to the two-year home residency requirement under INA 212(e). This means that after your program and any post-academic training, you must return to your home country for two years before you can apply for certain U.S. visas or green card categories. However, if you wish to remain in the United States or pursue opportunities that require waiving this obligation, you may be wondering whether pursuing a J1 waiver is a viable option in your case.

The two-year residency requirement applies to Fulbright scholars because the program typically involves funding from U.S. or foreign governments. Even though your Fulbright scholarship was entirely funded by your home country’s government, you may still be subject to the requirement because of your participation in the Fulbright program, which is governed by strict regulations. However, this does not automatically disqualify you from obtaining a waiver. If you can demonstrate that returning to your home country would result in significant hardship or serve as a detriment to U.S. interests, a waiver may still be possible.

One of the most common pathways for a J1 waiver is the no objection statement from your home country. In your case, since your home government funded your scholarship, obtaining this statement might be challenging. Some governments are reluctant to issue no objection statements to Fulbright scholars, as these agreements often include a formal expectation that participants will return to contribute to their home country. However, it is worth exploring whether your home country’s government is open to issuing such a statement, especially if your contributions to their interests could be enhanced by remaining in the United States.

Alternatively, you might qualify for other waiver categories, such as demonstrating exceptional hardship to a U.S. citizen or lawful permanent resident spouse or child if you are required to fulfill the residency requirement. If applicable, the interested U.S. government agency (IGA) pathway might also be an option, especially if your work aligns with critical U.S. government interests. Each option has specific requirements, and determining the best strategy will depend on the unique details of your case.

If you are considering pursuing a J1 waiver, it is essential to evaluate your options carefully and consult with an experienced immigration attorney. Waivers for Fulbright scholars can be complex, especially when home-country funding is involved. Contact my office today to discuss your case, explore potential waiver pathways, and determine whether pursuing a J1 waiver is the right choice for your circumstances. You can reach us at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

Addressing F1 Visa Cancellations and SEVIS Issues: Strategies and Solutions

F1 visa cancellations can severely impact international students, disrupting their academic plans and future opportunities in the United States. These cancellations often arise from issues such as failing to maintain full-time student status, violating visa terms, or engaging in activities that raise red flags with U.S. immigration authorities. Additionally, problems with the SEVIS (Student and Exchange Visitor Information System) record, such as incorrect data or termination due to non-compliance, can lead to complications or even visa cancellations. Understanding your options for resolving these issues is essential.

One way to address an F1 visa cancellation is to apply for reinstatement if you are still in the United States. Reinstatement is available for students who fell out of status due to unforeseen circumstances, such as medical emergencies, or inadvertent mistakes. To qualify, you must demonstrate your intent to resume full-time studies, show that you are currently enrolled or intend to re-enroll, and provide evidence that the status violation was not the result of deliberate actions. Ensuring your SEVIS record is accurate and updated is a critical part of this process.

If reinstatement is not feasible, another option is to apply for a new F1 visa, which usually requires returning to your home country to submit a fresh application at a U.S. consulate or embassy. This process involves addressing the reasons for your prior visa cancellation, rectifying any SEVIS-related issues, and presenting strong evidence of your commitment to complying with all visa terms moving forward. Key documentation includes proof of academic enrollment, financial support, and ties to your home country to establish your intent to return after completing your studies.

While F1 visa cancellations and SEVIS problems can feel overwhelming, they are not insurmountable. With a clear strategy and the right support, you can often regain status or secure a new visa to continue your education in the U.S. If your F1 visa was cancelled, contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

Overcoming H1B Visa Cancellations: Strategies and Next Steps

H1B visa cancellations can disrupt careers and jeopardize plans for long-term employment in the United States. Cancellations typically occur due to job termination, failure to maintain H1B status, or violations of visa terms. If your H1B visa has been canceled or is at risk of cancellation, it is important to understand your options and act quickly to protect your immigration status and career prospects.

One potential option after an H1B visa cancellation is to find a new employer willing to sponsor you. The H1B transfer process allows you to change employers without being subject to the annual H1B cap, provided that the new petition is filed before you fall out of status. This option requires securing a new job offer and ensuring the new employer files a petition promptly. Until the transfer is approved, maintaining status in the U.S. is crucial.

If you are unable to secure a new H1B sponsor immediately, you may consider switching to another visa category to maintain lawful status. For example, applying for an F1 student visa, a dependent visa like H4, or a visitor visa may provide temporary relief while you explore long-term options. Additionally, if you are eligible for adjustment of status (such as through family-based or employment-based green card sponsorship), pursuing this pathway can help you remain in the U.S. legally.

H1B visa cancellations can be stressful, but with timely action and the right strategy, it is possible to regain status or secure a new visa. Consulting with an experienced immigration attorney is critical to navigating this complex situation and determining the best course of action based on your unique circumstances. Contact my office today to discuss your case, explore your options, and work toward a solution that protects your immigration status and career in the United States.

Additionally, if you receive a Notice of Intent to Revoke (NOIR) or are contacted by the U.S. Department of State regarding visa cancellation we can help. A NOIR typically indicates that USCIS is reconsidering the approval of your H1B petition due to concerns such as misrepresentation, lack of qualification, or employer-related issues like non-compliance with labor condition requirements. Similarly, if the State Department contacts you regarding visa cancellation, it may stem from allegations of fraud, eligibility issues, or a review of your employer’s compliance. In either situation, responding promptly and thoroughly is critical. This involves carefully reviewing the notice, gathering supporting documentation, and addressing the government’s concerns to demonstrate your continued eligibility. Legal guidance is invaluable during this process to craft a persuasive response and protect your immigration status. If you have received a NOIR or notice from the State Department, contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

Overcoming L1 Visa Cancellations: Strategies and Solutions

L1 visa cancellations can disrupt careers and business operations, especially for multinational employees transferring to the United States. Common reasons for L1 visa cancellations include failing to maintain status, company restructuring, termination of employment, or perceived violations of visa terms. If your L1 visa has been canceled or is at risk of cancellation, understanding your options and taking timely action is critical to protecting your immigration status and future plans.

One of the most common strategies after an L1 visa cancellation is exploring options to remain in the United States under a different visa category. If you meet the eligibility requirements, you may consider applying for an H1B visa (if available), an F1 student visa, or a dependent visa such as L2 if your spouse holds valid status. Transitioning to a new visa category often requires demonstrating eligibility and filing the appropriate petitions before falling out of status.

For individuals facing L1 visa cancellation due to issues with the sponsoring employer, it may be possible to challenge the cancellation. This could involve providing evidence that the company continues to meet the L1 program requirements, such as maintaining qualifying relationships between U.S. and foreign entities and supporting valid employment in an executive, managerial, or specialized knowledge role. In some cases, submitting additional documentation or appealing the decision can resolve the issue.

Additionally, if you receive a Notice of Intent to Revoke (NOIR) or are contacted by the U.S. Department of State regarding visa cancellation we can help. A NOIR indicates that the government is considering revoking your visa or an approved petition due to concerns such as misrepresentation, fraud, or failure to meet visa eligibility requirements. Similarly, if the State Department contacts you about a potential visa cancellation, it may relate to information discovered during visa adjudication, subsequent investigations, or third-party reports. In both cases, it is crucial to act quickly by reviewing the notice, understanding the allegations, and preparing a strong response. This often involves providing evidence to rebut the claims, addressing any misunderstandings, and demonstrating continued eligibility for the visa. Legal assistance is essential during this process to craft an effective response and protect your immigration status. If you have received a NOIR or notice from the State Department, contact my office immediately at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.