Expedited Removal

Visa Cancelled Under 22 CFR 41.122(h)(3), INA 212(a)(7)(A)(i)(I), INA 212(a)(6)(C)(i) and Expedited Removal – What should I do now?

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If your tourist visa is cancelled at the airport and you’re subjected to expedited removal, especially under multiple inadmissibility grounds, you may think there’s no way back. But in many cases, even serious ones involving misrepresentation or entry denial under INA 212(a), there is a path forward. With timely legal help, it’s possible to reverse these findings, correct the record, and restore your visa eligibility.

Common Reasons CBP Cancels a Visa at the Airport

Our client, a well-established business executive, held a valid B1/B2 visa and arrived in the US for an important business meeting. During inspection, CBP officers cancelled his visa on the spot under 22 CFR 41.122(h)(3) and INA 212(a)(7)(A)(i)(I) (entry without proper documentation) and INA 212(a)(6)(C)(i) (willful misrepresentation).

The issue? His past enrollment at Herguan University, an institution later flagged for visa fraud.

The client had never overstayed, never violated immigration laws, and had no criminal history. He had enrolled in Herguan University in good faith before it was exposed as problematic. Yet, based solely on this past affiliation, CBP treated him as inadmissible, cancelled his visa, and moved to expedite his removal.

How We Got the Case Reopened and Cleared

The client contacted our office immediately after the incident. We worked quickly to compile evidence showing that he had been unaware of the university’s fraudulent activities and had acted in good faith at the time of enrollment. We emphasized that he was a victim of the school’s misconduct, not a participant in any wrongdoing.

Our firm coordinated directly with CBP officials to challenge the basis of the expedited removal and the visa cancellation. Through targeted legal arguments and swift intervention, we successfully persuaded CBP to reopen the case and reverse the inadmissibility determination. The client was granted entry and attended his business meeting in the US without further delay.

Facing Expedited Removal or Misrepresentation Allegations? Call Us Now

If CBP has cancelled your visa under 22 CFR 41.122(h)(3), INA 212(a)(7)(A)(i)(I), INA 212(a)(6)(C)(i) or if you’ve been given an expedited removal order, you may still have legal options. These situations require fast and experienced action, and we know how to respond.

Call our office at (305) 515-0613 or email info@messersmithlaw.com to discuss your case. We’ll help you evaluate your options, challenge any wrongful findings, and fight to protect your ability to lawfully enter the United States.

Refused Entry Under Section INA 212(a)(7)(A)(i)(I) and Expedited Removal Under Section 235(b)(1) or 240 of the Act – What Should I Do Now?

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If you were refused entry under INA § 212(a)(7)(A)(i)(I) and subjected to expedited removal under INA § 235(b)(1) or removal proceedings under INA § 240, it means you were denied entry into the United States due to missing or invalid documentation and most commonly, not having a valid visa or immigrant status.

While this situation can feel overwhelming, you’re not alone and you do have legal options. Here’s what this means and how we can help.

Why This Happens And Why You’re Not Alone

INA § 212(a)(7)(A)(i)(I) applies to individuals who attempt to enter the US as immigrants without valid entry documents or a proper visa. This often leads to:

  • Immediate denial of entry at the port of entry, and
  • Expedited removal without a hearing before an immigration judge.

Expedited removal under INA § 235(b)(1) is a fast track process used by US Customs and Border Protection (CBP) in cases where a traveler:

  • Attempts to enter the US without valid documents or with fraudulent paperwork, and
  • Does not express fear of persecution or a desire to seek asylum.

If you were processed under this section:

  • You likely received a Form I-860 (Notice and Order of Expedited Removal), and
  • You are now subject to a five year bar from reentering the United States (or longer if you’ve been removed before).

How We Can Help

1. If You Believe the Removal Was Issued in Error

We can help you seek to correct the record or reopen your case. If CBP acted improperly, or if you had valid status or documentation at the time, we may be able to challenge the removal. We’ve successfully helped clients in similar situations regain their eligibility and clear their immigration record.

2. If the Removal Was Properly Issued

Even if the removal was legally valid, you may still be eligible to reapply for admission by filing Form I-212 (Permission to Reapply for Admission After Deportation or Removal). We’ll help you build a strong case demonstrating family ties, hardship, and other favorable factors.

Let Us Help You Move Forward

If you were refused entry under INA § 212(a)(7)(A)(i)(I) and removed under INA § 235(b)(1) or § 240, the consequences are serious but not permanent. With prompt and strategic legal support, many people are able to restore their visa eligibility and return to the US.

Call us today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ve helped clients overcome expedited removal orders and CBP revocations and we’re ready to help you do the same.

Expedited Removal INA 235(b)(1)

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Expedited Removal under INA § 235(b)(1) is a fast-track removal process used by US Customs and Border Protection (CBP) for certain foreign nationals found inadmissible at the border.

What is Expedited Removal?

Expedited removal is a legal procedure authorized under Immigration and Nationality Act (INA) § 235(b)(1) that allows CBP officers to remove foreign nationals without a hearing before an immigration judge. It was created to quickly deport individuals who are clearly inadmissible under specific provisions of the law.

Who Can Be Subject to Expedited Removal?

You can be placed in expedited removal if:

  1. You are arriving at a US port of entry (like an airport, land border, or seaport), and
  2. You are found inadmissible for one or more of the following:
    • Lacking valid entry documents (INA § 212(a)(7)(A)(i)(I))
    • Using fraud or misrepresentation to gain entry (INA § 212(a)(6)(C)(i))

Expedited removal also applies within the US interior (usually within 100 miles of a border and within 14 days of unlawful entry) but is mostly used at airports and land crossings.

Legal Procedure and No Right to Judge

Key aspects of expedited removal:

  • No right to see an immigration judge
  • No formal hearing or chance to present a defense
  • Decision made solely by a CBP officer
  • Removal is immediate or within hours/days
  • Bar to re-entry for 5 years (INA § 212(a)(9)(A)(i))

What Happens After Expedited Removal?

You are usually:

  • Returned to your home country (same day or after a short detention)
  • Banned from reentering the US for 5 years
  • If fraud or misrepresentation was involved, subject to a permanent bar unless waived

You will receive a Form I-860 (Notice and Order of Expedited Removal), and CBP may cancel your existing visa (if any) under 22 C.F.R. § 41.122(h)(3).

Can You Challenge Expedited Removal?

If you believe that the expedited removal order was issued in error or resulted from a misunderstanding, it is possible to challenge the decision and request that the order be rescinded. Our team has successfully represented numerous individuals in similar situations, helping them reverse removal orders and restore their ability to lawfully enter the United States.

If you were expedited removed, the consequences are serious but not permanent. With prompt and strategic legal support, many people are able to restore their visa eligibility and return to the U.S.

Call us today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ve helped clients overcome expedited removal orders and CBP revocations and we’re ready to help you do the same.

I-860 Notice and Order of Expedited Removal

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What Is an I-860 Notice and Order of Expedited Removal?

An I-860 Notice and Order of Expedited Removal is a formal removal order issued by US Customs and Border Protection (CBP) officers at airports, land borders, and ports of entry when they determine that a traveler is inadmissible under Section 235(b)(1) of the Immigration and Nationality Act (INA). Unlike regular deportation proceedings, expedited removal happens quickly, without a hearing before an immigration judge, often leading to a five-year or longer ban from re-entering the United States.

This order is commonly issued in cases where CBP believes a traveler has:

  • Used fraudulent documents or misrepresented information
  • Attempted to enter the U.S. without valid travel authorization
  • Violated the terms of a prior visa
  • Been previously removed and tried to re-enter

Once an I-860 Notice and Order of Expedited Removal is issued, the traveler is usually detained and placed on the next available flight back to their home country. However, this does not always mean your case is over—with the right legal strategy, expedited removals can sometimes be challenged, overturned, or waived.

Why You Need an Immigration Attorney

Receiving an I-860 Notice and Order of Expedited Removal can feel devastating, but you may still have legal options. Depending on your case, you may be able to:

  • Request reconsideration of the removal order
  • Apply for a waiver to return to the U.S.

However, time is critical. If you act quickly, you may have a better chance of challenging the removal and returning to the US legally.

Call my office now at 305-515-0613 or email info@messersmithlaw.com for a consultation. We have successfully helped clients fight expedited removal orders, obtain waivers, and restore their ability to enter the US Let us help you navigate your immigration options today.

Overturning INA 212(a)(7)(A)(i)(I) an Expedited Removal and 5-Year Ban: A Successful Case

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Facing an expedited removal by Customs and Border Protection (CBP) and a subsequent 5-year ban from re-entering the United States was a devastating blow for our client. A dedicated professional with a spotless record, he was accused of misrepresentation during a routine entry inspection. The removal and ban threatened his career and personal life, separating him from his family and the opportunities he had worked so hard to achieve. Desperate to overturn this unjust decision, he turned to our firm for help.

Our legal team quickly recognized the urgency and complexity of his case. We conducted a thorough investigation into the circumstances surrounding his removal, identifying key procedural errors and misunderstandings by CBP officers. Our strategy focused on compiling robust evidence to support his innocence.

Through diligent preparation and strategic advocacy, we successfully appealed the expedited removal and overturned the 5-year ban. The appeal process was challenging, but our client’s perseverance and our dedicated efforts led to a favorable outcome. The decision was reversed, allowing him to re-enter the United States and continue his life without interruption. This successful case shows the importance of skilled legal representation and the possibility of achieving justice, even in the face of seemingly insurmountable obstacles. Our client’s experience demonstrates that with the right support, overcoming the challenges of an expedited removal and re-entry ban is possible.

Do you have a similar case or one that seems hopeless? Don’t be discouraged. We have successfully handled many complex cases. If you are facing 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) + 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.