INA 235b1

Expedited Removal Under INA §235(b)(1): How to Fight Charges Under §212(a)(7)(A), §212(a)(6)(C)(i), §212(a)(6)(E), and §212(a)(2)(C)

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Being placed in expedited removal at a US airport or border is one of the most severe immigration actions Customs and Border Protection (CBP) can take. Under INA §235(b)(1), CBP officers have authority to remove a traveler immediately, without a hearing before an immigration judge.

In many cases, CBP does not rely on just one ground of inadmissibility. Travelers are often charged under multiple sections of INA §212, including:

  • §212(a)(7)(A) – lack of valid entry documents
  • §212(a)(6)(C)(i) – fraud or willful misrepresentation
  • §212(a)(6)(E) – alien smuggling
  • §212(a)(2)(C) – suspected controlled substance trafficking

The consequences can include:

  • Immediate removal
  • A 5 year bar (or longer)
  • ESTA cancellation or visa revocation
  • Permanent inadmissibility findings
  • Extremely difficult future visa applications

However, expedited removal is not always the end of the road. In many cases, CBP makes legal or factual errors, and relief may be available through motions to rescind, record correction, or §212 waivers.

INA §212(a)(7)(A): “No Valid Entry Documents”

This is the most common charge in expedited removal cases. CBP uses §212(a)(7)(A)(i)(I) when they believe the traveler:

  • Intended to work on a visitor visa or ESTA
  • Intended to immigrate without the proper visa
  • Had a valid visa but an allegedly improper purpose

Importantly, CBP can charge this even if the traveler holds a valid visa.

INA §212(a)(6)(C)(i): Fraud or Willful Misrepresentation

This charge is often added when CBP claims the traveler:

  • Lied about the purpose of travel
  • Failed to disclose prior immigration history
  • Gave inconsistent answers during inspection

A §212(a)(6)(C)(i) finding is extremely serious because it carries lifetime inadmissibility unless a waiver is granted or the finding is removed from the record.

INA §212(a)(6)(E): Alien Smuggling Allegations

CBP sometimes charges §212(a)(6)(E) when they believe a traveler:

  • Helped another person enter the US unlawfully
  • Traveled with family members and CBP suspects coordination
  • Paid for another person’s travel without proper context

These allegations are often factually wrong or exaggerated, but they carry severe immigration consequences.

INA §212(a)(2)(C): Suspected Drug Trafficking

This is one of the most dangerous charges CBP can make. §212(a)(2)(C) does not require a criminal conviction. CBP only needs to claim “reason to believe” the traveler was involved in drug trafficking.

There is no waiver available for this section unless the charge itself is vacated or removed.

Can Expedited Removal Be Challenged?

Yes. Depending on the facts, options are available if CBP:

  • misapplied the law
  • misunderstood facts
  • relied on incorrect statements
  • improperly recorded admissions

The Messersmith Law Firm can file a formal request to rescind or vacate the expedited removal and related inadmissibility findings.

Successful Case Examples Involving Multiple §212 Charges

Case 1: §212(a)(7)(A) and §212(a)(6)(C)(i) – Expedited Removal Rescinded

A European consultant was removed under §235(b)(1) and charged with both lack of proper documentation and misrepresentation. We demonstrated that CBP misunderstood the purpose of travel and mischaracterized statements. CBP vacated the expedited removal and removed the fraud finding from the record.

Case 2: Family Traveler Charged Under §212(a)(6)(E) – Smuggling Allegation Challenged

A parent traveling with a relative was accused of alien smuggling during inspection. We showed there was no unlawful intent or assistance. CBP agreed to correct the record, preventing permanent inadmissibility.

Case 3: §212(a)(2)(C) Drug Trafficking Allegation – Record Contested

A business traveler was charged under §212(a)(2)(C) based on vague suspicion with no arrest or evidence. We aggressively challenged the factual basis of the charge. The client avoided further travel bans and preserved future visa eligibility.

Why Immediate Legal Action Matters

Once expedited removal is entered:

  • the 5 year bar takes effect immediately
  • CBP records are shared with consulates worldwide
  • future visa applications are heavily scrutinized

Early legal intervention can mean the difference between temporary disruption and permanent exclusion from the United States. If you or a family member were removed at the airport or border, do not assume the outcome is final. A careful legal review may allow you to challenge the removal, correct the record, or return with a waiver.

Call: 305-515-0613
Email: info@messersmithlaw.com

Same-day consultations available.

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.

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.