The burden is upon the foreign national seeking entry to the United States to prove that they are admissible. In other words, there is nothing criminal, medical, or otherwise, that would prevent them from entering the United States. You can be found inadmissible to the United States by USCIS, CBP, and a US Consulate. If you have been found inadmissible to the United States, you cannot enter without a determination that the finding of inadmissibility was done in error. We discuss how to overcome a refusal under 212(a)(7)(A)(i)(I) here.
Why was I refused under 212(a)(7)(A)(i)(I)?
US Customs and Border Protection (CBP) may find you inadmissible if they have reason to believe that you intend to stay in the US permanently (You are immigrating to the US) and do not have a dual intent nonimmigrant visa nor an immigrant visa. They can even refuse you if you apply for a visa and do not have the proper paperwork to support your qualifications and admission under the requested visa status. Such as a visitor to the United States, TN visa applicant, L Visa applicant, or any other attempted entry to the United States in any visa classification without the proper supporting documents. If at the time of your application for admission to the United States, you did not have the required entry documents and supporting evidence, you are inadmissible. The regulation states:
Except as otherwise specifically provided in this chapter, any immigrant at the time of application for admission- (I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this chapter, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 1181(a) of this title, is inadmissible. – 212(a)(7)(A)(i)(I)
How do I show my refusal was incorrect?
In some instances, such as a refusal for TN visa status by CBP, you may be able to return with the necessary documents and re-apply, in other cases, you may need to obtain advanced approval from US Citizenship and Immigration Services (USCIS) before trying to re-enter the United States. No matter which US government agency found you inadmissible, there are ways to petition the agency to dispute the determination of inadmissibility. If successful, you will not require a waiver before returning to the United States.
How do I obtain a 212(a)(7)(A)(i)(I) waiver?
There is no waiver available for a refusal under 212(a)(7)(A)(i)(I). You can overcome a 212(a)(7)(A)(i)(I) refusal with a valid non-immigrant or immigrant visa or by presenting proof of your qualifications for entry to the appropriate US government organization. A TN refusal under 212(a)(7)(A)(i)(I) could be overcome at a port of entry with the requirements to obtain TN Visa status. A refusal as a Canadian visitor under 212(a)(7)(A)(i)(I) could be overcome at a port of entry with proof of your ties to your home country and sufficient proof of your non-immigrant intent. Each situation is unique and requires careful review and preparation before attempting to re-enter the United States.
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