B1/B2 VISA denial & illegal work -HELP!

[TyBy 3]

Hi Eveyone,

First of all, WHAT A GREAT SITE!! you're all very helpfull and informative, this site is truely a bless.

I will try make long story short,I am an Israel citizen, and I was granted a B1-B2 VISA back at 2002. During 2006 I was traveled along with my GF to USA to work, we were promised by the employer that he will provide us all the work permits needed in order to be legitmiatly employed...well, that was never happend and it seems that we illegaly worked there for 4 month (earning nothing but 4-5K with no tax payments), we went bcak to israel afterwards. during 2007-2012 i was able to travel to US several times on my Israel employer behalf (for traveling/business) with no special issues in POE. BUT now when my VISA expired and i went to the US Embassy in Israel to renew, they pointed out that they have an info that I breaked my VISA terms and working illegaly in 2006. I was too shocked and embarressed to discuss it with them an stupidly delcined those guilts (i know, THAT WAS STUPID and Wrong!).... i got the 214(b) paper (the common one), and the official said he doubt my credibility and declined my request.

Today i'm employed in a large corporation in Israel which provides me the needed documents and a proper backup(Sponsership letter,Employment letter,etc...).

I do need this VISA for representing my company projects and i just feel lost and frustrated!.

1. I just don't know what should i do, should i scheduele a new interview ASAP and confese?(the decline was a week ago)

2. Should i file a weiver prior to my interview?

3. Any further docs from my company are necessary?

4. Is such activity is being forgiven?

5. Anyone was in my state?

I feel it was wrong to lie or working illegaly , and asking your advise about how should i proceed now.

your help is much apprecieted.

[Inky 1,110]

Misrepresentation ( lying about your working illegally in the USA ) causes a life time ban from the USA.

Its not likely you will get a US visa ever again with misrep and illegal working on your permanent file.

[jaycali 415]

I agree with Inky, working illegally would have given you a limited bar, which would have had a chance of resulting in a new visa after the bar was up.

But your biggest mistake was to lie to the officer at the embassy. You'll most likely be given a long bar, if not lifetime bar for lying/misrepresentation.

Put yourself in the CO's shoes. Their job is to make sure visas are only given to people who can show they can be trusted to stick to their visa requirements. To do this job, they rely on documents, past immigration history, and basically the applicant's word.

While you may have your documents in order, your past immigration history and lying will give the CO no choice but to deny.

Sorry..

That being said, you could always try.

It's strange to me though that you were able to travel so frequently afterwards and that it took so long for them to find out you worked. Do you know how they found out?

Edited April 2, 2012 by jaejayC

[TyBy 3]

I agree with Inky, working illegally would have given you a limited bar, which would have had a chance of resulting in a new visa after the bar was up.

But your biggest mistake was to lie to the officer at the embassy. You'll most likely be given a long bar, if not lifetime bar for lying/misrepresentation.

Put yourself in the CO's shoes. Their job is to make sure visas are only given to people who can show they can be trusted to stick to their visa requirements. To do this job, they rely on documents, past immigration history, and basically the applicant's word.

While you may have your documents in order, your past immigration history and lying will give the CO no choice but to deny.

Sorry..

That being said, you could always try.

It's strange to me though that you were able to travel so frequently afterwards and that it took so long for them to find out you worked. Do you know how they found out?

I guess they caught my boss there, and he provided passports copies and further info about me.

So you said that evne though I got the 214(b) , there's absolutely no way to get a weiver? If I will file for VISA ASAP to come clean, will it help? or it is preffred to wait 6 month?

Thanks you all for assisting..

[TyBy 3]

Misrepresentation ( lying about your working illegally in the USA ) causes a life time ban from the USA.

Its not likely you will get a US visa ever again with misrep and illegal working on your permanent file.

The hurtfull truth , but why i didn't get the other denail section ? (of breaking the VISA rules)

[aaron2020 11,651]

I guess they caught my boss there, and he provided passports copies and further info about me.

So you said that evne though I got the 214(b) , there's absolutely no way to get a weiver? If I will file for VISA ASAP to come clean, will it help? or it is preffred to wait 6 month?

Thanks you all for assisting..

There is absolutely no wavier for a B1/B2 visa. The US consular office has absolute and unreviewable discretion in granting one.

Coming clean now is like coming clean after you've been caught with your hands in the cookie jar. It's too late to come clean; the US government already know so they don't need you to come clean. If everyone who is caught making a material misrepresentation could come clean after getting caught and get a visa, then where is the deterrent to making a material misrepresentation?

Tell your boss that you cannot obtain a visa for the US, and you will probably not be able to obtain one for a very long time if at all.

[Boiler 43,397]

There is a waiver for a non immigrant visa like the B1.

But whether the CO would recommend you for one is somewhat unlikely.

But unless you apply you will never know.

I would suggest you consult with your Companies Immigration Lawyers.

[Harsh_77 716]

When CO told you during interview he has proof you were working illegally means they got something really solid evidence.

However they got the info either thru your previous employer or some other means, but they know you were working illegally and they gave kinda chance to come clean, but you refused to do any such thing, which was also recorded.

Your every response is recorded in the system, so now if you try to come clean you will come under mis-representation which carries lifetime ban.

As Aaron suggested you might want to let your employer know you might have difficulty in obtaining the visa. There are no Wavier for B1/2, nor your company can provide any additional document which would make you eligible for visa.

[Boiler 43,397]

There is a waiver, I mentioned this above. D3

[TyBy 3]

i'm confused... So, lets say they do have a solid info, why I was refused under section 214(b) ? isn't there a another section of denial for that? that's the reason i keep hoping next time will be better.

Do I in risk of 3/10 Years ban if i'll come clean next interview?

[TyBy 3]

Quote from usvisasolutions.com:

(2) Non immigrant waivers

Applicants for nonimmigrant visas, such as B1/B2, H-1B, L-1, or J-1 can apply for waivers of inadmissibility, and on that ground can be granted visas or admission to the U.S. A nonimmigrant waiver is applied for at a U.S. consulate in conjunction with a nonimmigrant visa application and no specific form is required. The standard of proof for a nonimmigrant waiver is often easier easier to meet than for an immigrant waiver. The following factors are considered in granting a nonimmigrant waiver:

Risk of harm to society if the applicant is admitted.

The seriousness of the applicant’s prior immigration law, or criminal law, violations, if any.

The nature of the applicant’s reasons for wishing to enter the United States.

While a nonimmigrant waiver is easier to obtain, the drawback is that it is temporary. It is valid for a maximum five year period but only authorizes nonimmigrant admissions. It does not authorize an alien to apply for permanent residence. Only the immigrant waiver can accomplish that.

Edited April 2, 2012 by TyBy

[Boiler 43,397]

3/10 are for illegal presence.

Sounds like you have a ban already.

[Harsh_77 716]

Quote from usvisasolutions.com:

(2) Non immigrant waivers

Applicants for nonimmigrant visas, such as B1/B2, H-1B, L-1, or J-1 can apply for waivers of inadmissibility, and on that ground can be granted visas or admission to the U.S. A nonimmigrant waiver is applied for at a U.S. consulate in conjunction with a nonimmigrant visa application and no specific form is required. The standard of proof for a nonimmigrant waiver is often easier easier to meet than for an immigrant waiver. The following factors are considered in granting a nonimmigrant waiver:

Risk of harm to society if the applicant is admitted.

The seriousness of the applicant’s prior immigration law, or criminal law, violations, if any.

The nature of the applicant’s reasons for wishing to enter the United States.

While a nonimmigrant waiver is easier to obtain, the drawback is that it is temporary. It is valid for a maximum five year period but only authorizes nonimmigrant admissions. It does not authorize an alien to apply for permanent residence. Only the immigrant waiver can accomplish that.

You can try, I have never seen such wavier get approved, the only wavier I have seen get approved are for the spouse of USC.

[TyBy 3]

3/10 are for illegal presence.

Sounds like you have a ban already.

But if i have a ban, wouldn't i know that? should someone inform me that? No one said it to me, the official recomended not to reapply for the next 6 month...

[Boiler 43,397]

Not necessarily, the only time a ban becomes an issue if someone applies for a benefit.

If they told you to apply in 6 months then maybe you do not have a ban.

But they have no obligation to tell you the truth.

PS I have seen lots of non immigrant waivers approved.