Entry denied under 212 (a) (7) (A) (i) (I) --'Intending Immi

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mikefa
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Joined: Sun Dec 20, 2009 6:32 pm

Entry denied under 212 (a) (7) (A) (i) (I) --'Intending Immi

Post by mikefa » Sun Dec 20, 2009 7:19 pm

Hi,

I am a Canadian citizen and I am on H1 and living in USA for past 3 years. Last year my daughter, who just completed her accounting degree, visited us from Canada and then due to job market downturn she decided to stay and study at home and do her CPA exams.

Three months after her initial entry, we left US and went to Mexico and Belize for a week and re-entered US. The she stayed back for 5 and half months and studies at home and completed all her exams except one last exam. She had stayed totally of eight and half months now consecutively on her 2 visits.

We know that a Canadian is allowed to stay only for 6 months on a visitor visa.

Since we did not want to break any law, we decided she should go back to Canada for 6 weeks and then come back and finish her final exams in December and then go back to Canada and then look for a job.

But while coming back about 2 months ago, she was stopped by US customs at the airport and denied admission and asked to withdraw her application for admission. They said she was an “intending immigrantâ€￾ and was not allowed under section 212 (a) (7) (A) (i) (I).

Now she has come to USA in next 2 months to complete her final exam or else she loses one and half year of her work. If she does not pass her final exam on time she will have to start from scratch.


She has establish her ties to Canada as much as possible by renting an apartment and subscribing to phone services in past 3 months.

What are her chances that she would be allowed/denied this time?
Is she stuck for good? Will the record remain in the US customs file for a life time?
What are the hurdles she faces?

How can she convince the officer that it is only for the exam she is going to US and will return the same/next day? Since she does not want to waste money on another ticket incase she is denied, she decided to take an exam centre within the driving distance from where she lives.

Any help in is highly appreciated.

Thanks,
Mike

nelsona
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Post by nelsona » Sun Dec 20, 2009 7:34 pm

"We know that a Canadian is allowed to stay only for 6 months on a visitor visa. "

This is only true if that Cdn mainains full residential ties outside US.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

mikefa
Posts: 3
Joined: Sun Dec 20, 2009 6:32 pm

Post by mikefa » Sun Dec 20, 2009 10:43 pm

Right. IS this a permanent stigma? Now, what are the hurdles to entering US to write the exam? What can she do it better her chances of getting to US?

Thanks for your response.
Mike

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Mon Dec 21, 2009 7:55 am

Not enough is known about what she actually said to the officer.

maybe she should get online....
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

mikefa
Posts: 3
Joined: Sun Dec 20, 2009 6:32 pm

Post by mikefa » Tue Dec 22, 2009 12:17 pm

Ok... I will ask her to post from here on
Mike

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