Getting B-2 after removal

[sabina83 0]

Hi,

I will try to be brief:

Last year my company sent my girlfriend and me (we work on the same company) to our office in US for 3 months under a Visa Waiver Program (German company and we are from Spain with Spanish passports). They told us to avoid saying that we were going to our office in USA.

At a port of entry we said we were going for holidays and visit friends, then we were questioned by a CPB officer over 8 hours. At some point we recognized that we were going to the US office (we also had a lot of marketing material and business cards for an event we were attending at the same time).

We ended coming back to Germany being inadmissible to enter USA under INA 212(a)(6)©(I) and 212(a)(7)(A)(i)(I). The officer said that we could apply for a regular visa after 5 years but I can't find this statement anywhere and the company's lawyer who took a look said we can't go to USA ever again.

So the question is, is there any way we can get back to USA, even under a tourist visa? I really would like to visit some places and attend some developer events (I am a software developer). I read about the waiver I-601 but I think that is only if you can prove extreme hardship of being inadmissible.

It was a year ago and I already gave up but now I am trying again to get more info.

Thank you.

[milimelo 4,191]

Nope.

[JohnR! 5,495]

I find it highly unlikely you will be able to get a US visa - tourist or otherwise - anytime soon. Having lied to the CBP could have landed you on the list of persons inadmissible in the US for life, so you got away with a slap on the wrist with a 212 citation.

In order to be able to return you will have to overcome two hurdles. The first will be to convince the US consulate in your home country to grant you a visitor's visa; in addition you will need to convince the CBP, upon arrival in the US that you will not attempt to stay in the US illegally. You may consider waiting 5 or more years before applying for a visa.

It sucks and it was most unfortunate your employer recommended you to lie - you could have entered under VWP for business purposes so there was no need to not to disclose that upon arrival.

Good luck!

[Boiler 43,429]

Theoretically yes, might be interesting after you spent 8 hours lying about your true intent.

[sabina83 0]

Thanks @Gegel, is there any way to check my current status? Like if I am banned for life or I can try in 5 years?

It also says that because INA 212(a)(6)( C )(I) I should get the proper waiver to enter USA in the future. Is this the I-192? It doesn't specify which one.

I guess saying it was for business would have worked but no one told us about it, instead my company told us that they do it all the time.

@Boiler wasn't that interesting, most of the time we were just waiting doing nothing without being able to speak to each other or being interrogated and intimidated with a pair of handcuffs on the table even when we told the truth, so, not so funny.

[JohnR! 5,495]

Thanks @Gegel, is there any way to check my current status? Like if I am banned for life or I can try in 5 years?

It also says that because INA 212(a)(6)( C )(I) I should get the proper waiver to enter USA in the future. Is this the I-192? It doesn't specify which one.

I guess saying it was for business would have worked but no one told us about it, instead my company told us that they do it all the time.

There is no way to check your status, unfortunately. It is one of those instances when 'you will know when you apply'...

You are correct in that you will need some sort of waiver as a result of misrepresentation. I also do not believe a waiver in this situation is something you can do on your own. You will most likely need a lawyer in order to file the waiver for your with the proper wording. As a suggestion, when the time comes for you to consider applying for a visa, ask the US consulate if they can help you with a list of lawyers that can represent you for the waiver process. It will not give you an advantage other than being able to find a lawyer who is well versed in this particular field.

Edit: Check out this link http://www.uscis.gov/i-601 for form I-601Application for Waiver of Grounds of Inadmissibility

Edited April 14, 2014 by Gegel

[Boiler 43,429]

First you need the Consulate to approve a B2 and willing to recommend a waiver.

Waiver if recommended takes about 6 months.

[Boiler 43,429]

There is no way to check your status, unfortunately. It is one of those instances when 'you will know when you apply'...

You are correct in that you will need some sort of waiver as a result of misrepresentation. I also do not believe a waiver in this situation is something you can do on your own. You will most likely need a lawyer in order to file the waiver for your with the proper wording. As a suggestion, when the time comes for you to consider applying for a visa, ask the US consulate if they can help you with a list of lawyers that can represent you for the waiver process. It will not give you an advantage other than being able to find a lawyer who is well versed in this particular field.

Edit: Check out this link http://www.uscis.gov/i-601 for form I-601Application for Waiver of Grounds of Inadmissibility

That is for an Immigrant Waiver, they just want to visit.

[sabina83 0]

There is no way to check your status, unfortunately. It is one of those instances when 'you will know when you apply'...

You are correct in that you will need some sort of waiver as a result of misrepresentation. I also do not believe a waiver in this situation is something you can do on your own. You will most likely need a lawyer in order to file the waiver for your with the proper wording. As a suggestion, when the time comes for you to consider applying for a visa, ask the US consulate if they can help you with a list of lawyers that can represent you for the waiver process. It will not give you an advantage other than being able to find a lawyer who is well versed in this particular field.

Edit: Check out this link http://www.uscis.gov/i-601 for form I-601Application for Waiver of Grounds of Inadmissibility

Thanks @Gegel, I already checked that waiver but I don't fall in any of the cases, it looks for immigrants, fiancés, spouses/husbands, or other extreme cases. For non-inmigrants there is the I-192 http://www.borderimmigrationlawyer.com/form-i-192-nonimmigrant-waiv/ but I don't know if it would apply or if I need a lawyer for that.

@Boiler and that should be done after the 5 years has passed, right?

Thank you guys!

[JohnR! 5,495]

That is for an Immigrant Waiver, they just want to visit.

True...

[Boiler 43,429]

From what you have said you have a life time bar for Misrep with a waiver immediately available.

[sabina83 0]

From what you have said you have a life time bar for Misrep with a waiver immediately available.

@Boiler Sorry I didn't get this, what does it mean? life-time and waiver seem opposite to me.

[Boiler 43,429]

Lifetime, you can not get a visa without a waiver for the rest of your life.

[Merrytooth 5,748]

Sorry for predicament you are in.

Screw the company for misleading you. Now you have misrepresentation and can't even visit US leisurely.

I hope the company is compensating you somehow.

I am always very careful about the type of visas to use (I had J1 visa, H1B1 visa before), and make sure that I never overstay my visa. My previous company HR was very incompetent in visa stuff.

So the burden was on me to keep track visa dates.

[sabina83 0]

Sorry for predicament you are in.

Screw the company for misleading you. Now you have misrepresentation and can't even visit US leisurely.

I hope the company is compensating you somehow.

I am always very careful about the type of visas to use (I had J1 visa, H1B1 visa before), and make sure that I never overstay my visa. My previous company HR was very incompetent in visa stuff.

So the burden was on me to keep track visa dates.

@Merrytooth No, the company didn't compensate us, basically the CEO called us stupid for doing what our managers told us to do (to lie).

I learned the lesson now, but maybe to late.

@Boiler so your point is that it would be possible to go visit US with visa + waiver every time I want to go, but at least possible to do, although it seems hard to accomplish. I guess I deserve it for being too confident.