235(b)(1)

Deportation at the Border

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Can You Be Detained and Deported at the Border?

Yes, US Customs and Border Protection (CBP) officers at land border crossings have the authority to detain, question, and deport travelers attempting to enter the United States. If CBP officers believe you are inadmissible due to issues such as missing documents, prior immigration violations, or suspected fraud, they can cancel your visa, deny your entry, and even issue an expedited removal order Section 212(a)(7)(A)(i)(I) and Section 212(a)(7)(B), which can bar you from returning to the US for up to five years or more. In some cases, individuals are taken into detention and placed in formal removal proceedings.

However, a border deportation does not always mean your case is over. Many people who are turned away or deported can still challenge the decision or apply for legal waivers to return. Here are three cases where we successfully helped clients after they were deported at the border.

Case 1: Denied Entry for Suspected Unauthorized Work

An Indian IT consultant, traveling on an H1B visa, was stopped at the US-Canada border and accused of planning to work outside the scope of his visa. CBP officers denied his entry, canceled his H1B status, and told him he would need a different visa to return. We reviewed his case and prepared a legal brief clarifying his job duties, showing that his role was fully compliant with H1B regulations. After filing the necessary paperwork with the consulate, he was able to obtain a new H1B visa and return to work in the US.

Case 2: F1 Visa Holder Detained Due to OPT SEVIS Issues Caused by her University

The F1 visa holder’s university made a mistake with her SEVIS.  Instead of fixing it, they advised her to reenter the US through Mexico to resolve this issue.  She was detained at the border and her visa was cancelled.  Her family retained us and we worked with the detention officer for her release.  After she was released, we were able to work with the school and helped her obtain a new visa to return back to the US.

Case 3: Expedited Removal Due to Alleged Visa Fraud

An Asian visitor on a B2 visa was attempting to cross into the US from Mexico when CBP officers accused him of misrepresenting his travel plans. They suspected he intended to stay longer than allowed and issued an expedited removal order, banning him from re-entering for five years. We appealed the decision, proving that he had no intention of violating his visa. After months of advocacy, we won his case, and he was able to travel to the US again legally.

Have You Been Deported at the Border? Contact Us Today

If you have been turned away or deported at a U.S. land border, you may still have options. Waivers, and legal challenges can help reverse a wrongful deportation or allow you to re-enter in the future. Time is critical and acting quickly can improve your chances of success. Contact my office immediately at 305-515-0613 or info@messersmithlaw.com for a consultation. We have extensive experience helping individuals fight border deportations and regain their ability to enter the US.

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.