Iím a Hungarian architect. I have an approved I-797 application for a H-1B visa (2009), but when I applied for the visa at the Embassy, they denied my visa application on grounds of 212(a)(6)( C )(1).
In 2003, I had an incident at the border, when my student visa was canceled. In 2001-2002 I spent three semesters at a US university on an athletic scholarship. After that I went back to Hungary to continue my studies (which I started in 97), with keeping the possibility that I can go back to the US (my visa was valid until 2006 and the I-20 signed). At the end of March 2003 when I wanted to go back to the States the immigration officer refused my admission to the States, saying that I didnít have any classes registered at my US university. That was true, although Iíve never had any classes registered before any of my trips either (in 2001 or 2002). My F1 visa was canceled. From the information I gathered it seems officially I withdrew my application to the US. When I asked how I could come back, the immigration officer informed me that I just have to re-apply for a new visa. He didn't mention a ban and I didn't get any paperwork.
Half a year passed, I finished one more semester at my Hungarian university, and it became clear that an M.Sc. from there would be faster to achieve than a Masters in the US. For the M.Sc. in Hungary, you are required to do an internship, it can be anywhere. I got an offer from a US firm to do it there and I saw it as a great opportunity, because I could see the possibility to work there after I graduate.
I applied for a J visa in August, 2003 (to do a one year internship from September), but I didn't get the visa, according to the visa refusal worksheet I didn't have enough family and economic ties to my country, INA Section 214(b). The interview was all about the incident 6 months earlier, the officer told me my situation is not clear for him, whether I want to study at home, in the US, or work in the US. He told me I should first graduate, get a degree, so my situation is simpler. He didn't mention a ban.
Now it is 6 years later, I'm 30, and I graduated 4 years ago with a Masters in Architecture. I've got a job opportunity in the US (the same place as before), they were willing to go through the H-1B process. My I-797 was approved, and I scheduled the visa interview. This time the consul told me that I have a hit on my name by the Dept. of Homeland Security, because of the 2003 incident and I'm banned for life. He said, that he didn't understand how the I-797 was approved, since it is responsibility of the Dept. of Homeland Security as well. My visa refusal worksheet lists Section 212(a)(6)( C )(1) as a reason.
The consul informed me that I need a waiver before a visa could be issued. He didn't know how I could get that waiver, he suggested that I should write a letter to the Dept. of Homeland Security.
My questions is, whether the I-601 waiver applies here? If yes, what should I write at question #10 for example? It seems to me I-601 is used at medical conditions or situation where there are family ties in the US.
How can my status mysteriously change from 214(b) to 212(a)(6)( C )(1)?
I was always been a great student-athlete, and always stayed out of trouble. But one unintentional mistake seems to affect my entire life. Do you have any suggestions for me?
I appreciate any advice in advance,
Edited by beton99, 29 September 2009 - 09:59 AM.