235(b)(1)

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

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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

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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.

Documentary Requirements, Expedited Removal, and Grounds of Inadmissibility: INA 212(a)(7)(A) Explained

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INA 212(a)(7)(A)(i)(II) applies when an immigrant’s visa fails to comply with statutory provisions, such as being improperly issued or invalidated by misrepresentation or fraud. Without proper documentation, an applicant is inadmissible and will be refused entry and may be removed.

One of the most serious consequences of being deemed inadmissible under INA 212(a)(7)(A) is expedited removal under INA 235(b)(1). Expedited removal allows immigration officers to summarily remove individuals from the U.S. without a hearing before an immigration judge if they are found inadmissible. Common scenarios leading to inadmissibility and expedited removal include traveling with an expired or fraudulent visa, lacking derivative visas for dependents, or presenting documentation that does not comply with the terms of admission. In some cases, these issues stem from administrative errors, while in others, they arise from applicant misunderstandings. Regardless of the cause, the consequences can be severe, including a five-year bar on reentry for those removed under INA 235(b)(1).

INA 212(a)(7)(A) itself does not come with a ban but if it is accompanied by a removal order, misrepresentation determination or other similar issue, there will be a ban – sometimes for 5 years and sometimes for life. Waivers may be available depending on your circumstances, but a oftentimes the better option is to seek reconsideration of the expedited removal order or inadmissibility determination if it was issued in error. Legal representation is vital in navigating these options and ensuring that all necessary documentation is submitted correctly to avoid future complications.

Even small errors can lead to inadmissibility or expedited removal, making legal guidance essential. If you or someone you know faces challenges under these provisions, contact my office today at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

Immigration Success Stories – INA 212(a)(7)(A)(i)(I) + Expedited Removal Under 235(b)

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When a foreign national tries to enter the U.S., CBP can deny the entry if CBP believes the foreign national  intends to remain in the US permanently but does not have a dual intent nonimmigrant visa nor an immigrant visa. This generally results in an expedited removal order which comes with a five year ban from entering the United States.  Let’s highlight two recent successful cases where we were able to remove these charges from our client’s records.

  1. A client from Brazil sought entry to the United States for a business conference but was denied entry due to INA 212(a)(7)(A)(i)(I) and removed. CBP believed the client lacked proper documentation for the intended stay. However, upon review, we discovered errors in the CBP’s assessment. Through meticulous documentation and persuasive arguments, we appealed the decision to the CBP. As a result, the removal order was lifted, and our client was granted a visa, allowing them to attend the conference and pursue their business endeavors in the U.S.
  2. A family from Mexico planned a vacation to the United States but encountered unexpected challenges upon arrival. Despite having valid tourist visas, they were detained by CBP at the border due to suspicions of insufficient documentation under INA 212(a)(7)(A)(i)(I) and removed. After thorough investigation and advocacy, we clarified the family’s intentions and provided additional evidence of their ties to their home country. Our efforts resulted in a huge victory and the 5 year ban was erased, allowing the family to reenter as tourist and enjoy their vacation without further hindrance.

Do you have a similar case or a case you thought was hopeless?  Don’t be discouraged.  We have won many complicated cases.  If you have a similar inadmissibility issue, contact us by phone at 305 515 0613 or email us at info@messersmithlaw.com.

Immigration Success Stories – INA 212(a)(7)(A)(i)(I) and INA 212(a)(7)(A)(i)(II)

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Immigration Success Stories – INA 212(a)(7)(A)(i)(I) and INA 212(a)(7)(A)(i)(II)

When a foreign national tries to enter the U.S., CBP can deny the entry if CBP believes the foreign national intends to remain in the US permanently but does not have a dual intent nonimmigrant visa nor an immigrant visa. CBP can either allow the foreign national to withdraw the application or order expedited removal which carries a five year ban.  CBP can apply additional penalties as they deem applicable.  Let’s highlight two recent successful cases where we were able to remove these charges from our client’s records.

  1. In February 2023, our client from India informed us that he was previously refused entry to the US under INA 212(a)(7)(A)(i)(I), removed pursuant to 235(b)(1), and was also charged with fraud under INA 212(a)(6)(C)(i).  He told us that this happened more than 10 years prior and that some other lawyers said that nothing could be done to fix it.  Apparently, back in 2012, he and his wife tried to enter the US as tourists but in different traveling parties and CBP thought they were trying to hide the fact that they were together to increase their chances to enter the US successfully.

    We filed our client’s appeal in April of 2023 and heard back just two months later that we had won the case.  The five year ban from the removal had expired on its own since it had been so long since the incident but we were able to get the fraud charge cleared and since our client had immigrated to Canada several years prior, he was able to enter the US without applying for a visa and the INA 212(a)(7)(A)(i)(I) determination was no longer an issue.
  2. Another client came to us in March 2023 and told us that because she previously attended Silicon Valley University, CBP refused to allow her entry to the US as an H1B holder.  CBP cancelled her H1B visa, refused her entry pursuant to INA 212(a)(7)(A)(i)(I). CBP used their authority under INA 235(b)(1) to perform an expedited removal and barred her from returning to the US for 5 years.  After spending a significant amount of time to build a strong case, we were able to file her appeal in May of 2023. We heard back in July 2023 that we won her case and she was instructed to apply for a new H1B visa.  We assisted her with her visa interview, got her visa approved, and she was able to reenter the United States to reunite with her family.

Do you have a similar inadmissibility problem?  If so, contact our office and we’ll see if we can correct it for you.