Visiting Again After a Withdrawn Entry, INA 212(A)(7)(A)(I)(i)

[bigapple777]

Hello,

My sister lived in the U.S. for 15 years first with student visa then with H1-B. She was 8 months pregnant when she was visiting Japan. In October 2007 when she came back to the U.S., she was stopped at immigration because the officer was suspicious of her H1-B situation. My sister withdrew her application for admission and the officer gave her 24 hours to go back to her apartment in the U.S. and leave the country. On her passport, the officer wrote 22CFR 41.122 (h) (3) and 212(a) (7) (A) (i) (F). (My sister wrote the last alphabet (F) of the second one but it seems to be I or II. Unfortunately she lost her passport long time ago and I can't confirm).

She had a valid H1-B visa (Her H1-B had nearly 5 more months before expiration). She was married to a green card holder at the time and the person was her company's sponsor. (now he does not have green card, it's expired). She hasn't been visited the States ever since.

It's been almost 4 years passed and I need her to visit me in the U.S. soon. My question is:

1: Is there anything she needs to do before coming to the U.S. with passport as a visitor?
2: Can she even come back again with regular passport as a visitor? (She has Japanese passport)

The complication is that, she has an alleged history of id theft (never was charged or pursued) and I wonder if this is going to have a negative impact on her trying to come and visit me just for a week.

My another question is:

3: How badly is the id theft case will affect her coming back?

Thank you for your time.

[T53147]

Hello,

My sister lived in the U.S. for 15 years first with student visa then with H1-B. She was 8 months pregnant when she was visiting Japan. In October 2007 when she came back to the U.S., she was stopped at immigration because the officer was suspicious of her H1-B situation. My sister withdrew her application for admission and the officer gave her 24 hours to go back to her apartment in the U.S. and leave the country. On her passport, the officer wrote 22CFR 41.122 (h) (3) and 212(a) (7) (A) (i) (F). (My sister wrote the last alphabet (F) of the second one but it seems to be I or II. Unfortunately she lost her passport long time ago and I can't confirm).

She had a valid H1-B visa (Her H1-B had nearly 5 more months before expiration). She was married to a green card holder at the time and the person was her company's sponsor. (now he does not have green card, it's expired). She hasn't been visited the States ever since.

It's been almost 4 years passed and I need her to visit me in the U.S. soon. My question is:

1: Is there anything she needs to do before coming to the U.S. with passport as a visitor?
2: Can she even come back again with regular passport as a visitor? (She has Japanese passport)

The complication is that, she has an alleged history of id theft (never was charged or pursued) and I wonder if this is going to have a negative impact on her trying to come and visit me just for a week.

My another question is:

3: How badly is the id theft case will affect her coming back?

Thank you for your time.

Her reason for applying for a visit visa is not valid; there is no such reason as "needing her to visit" even if you are a citizen. A potential criminal CIMT case is certainly significant. She needs to be working with an immigration attorney to sort out her actual situation; it will not be either fast or cheap to do so.

You need to plan to visit her in her home not yours.