INA 212(a)(7)(A)(i)(i) Expedited Removal
INA 212(a)(7)(A)(i)(i) Expedited Removal
When applying for entry to the United States, a foreign national in possession of a valid visa must demonstrate to the CBP officer at the port of entry that they are eligible to enter in the visa classification requested. For example, a B2 tourist must demonstrate that they will return home after their period of authorized stay, have sufficient funds to cover their trip without working, and actually be coming for a tourist purpose. An H1B worker must show that he or she is truly coming to work for their petitioning employer and have not previously violated their immigration status.
To determine if the applicant is eligible for entry, they may search the applicant’s luggage, phone, email, confirm hotel reservations, call the potential employer or do any other investigation deemed necessary. Upon conclusion, if the CBP officer does not believe the visa holder is eligible for entry under the requested classification then he will cancel the applicant’s visa which renders the applicant inadmissible under INA 212(a)(7)(A) or INA 212(a)(7)(B). Then CBP may decide that the applicant’s actions warrant removal from the US and will order the applicant removed and barred from entry for 5 years.
Most our of clients who encounter this problem or potential problem do not seek our help until after the removal order is issued. In some cases, there are methods for getting the removal order rescinded and in others, a waiver may be a possibility.
In 2020, we were contacted by a potential client who was a frequent traveler to the US who used a B1/B2 for entry. She always entered for a business purpose which was to visit certain business contacts related to her foreign business enterprise. She never worked or conducted business in the United States. Unfortunately, during her latest attempted entry, CBP searched her phone and based on some files located therein, believed that her actions constituted unauthorized employment. CBP cancelled her visa, removed her from the country and instructed her to obtain a work visa for future entries to the US. When she described her previous actions in the US, we believed that it did not constitute employment nor was a work visa required. We helped her gather evidence to prove her innocence of CBP’s accusations and we were able to get the removal order rescinded so she could continue her business trips as done before.
In 2021, we were contacted by potential client who applied for entry as an H4 visa holder. She had plenty of evidence that her husband was abiding by the terms of his H1B visa and that they had a genuine marriage. However, she was previously in the US on a student visa and CBP asked her many questions regarding her previous OPT employment. CBP discovered that her OPT employer was on a list of fraudulent employers that gave out fake employment letters for a fee. CBP cancelled her H4 visa, removed her from the country, and barred her for 5 years. When she described her work with her previous OPT employer, we felt that we could demonstrate that she was the victim of OPT fraud, not the perpetrator. We helped her gather evidence to prove her innocence of CBP’s accusations and we were able to get the removal order rescinded so she could reunite with her husband in the US with an H4 visa.
If you have a similar case or would like to avoid this potential problem, contact our office through our website or give us a call at 305 515 0613. We look forward to helping you win your case like we have for thousands of other clients.
In: 212(a)(7)(A)(i)(i), Deportation, Removal