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Travel VISA after inadmissibility

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My case is as follows: In 2014 (May), visit of California, LA on the ESTA VWP. Inadmissibility on port of entry (intent to immigrate, mentally unstable).

Sworn statement taken while being unwell, consequently the sworn statement contains nonsense which I only said due to being unwell. Detained in immigration detention as a potential asylum seeker (credible fear). Asylum never claimed, final order of return issued by the judge.

1) "intent to immigrate [on a non-immigrant VISA]" is how the CBP referred to my potential visit of a law office where I would ask about under what conditions I would be eligible for some immigration option. I had no actual intent to illegally immigrate. The CBP was very strict and uncompromising.

2) I am well, no problems in present. I work in a special occupation field, have an advanced degree, and study as a mature graduate student for a doctorate. A very important career advencement and research progress depend on my freedom to travel to the US to attend conferences or for business trips when I work for a company which has an HQ in the US and requires some travel. I currently feel like one negative report taken by the CBP can block all my travel to the US forever.

In the inadmissibility report is a nonsense of great caliber regarding from when I was unwell. Particularly I would not like anyone to read it or to take it seriously because I was not thinking clearly back then on the hot chair of CBP interrogation, and I do not believe those things I was saying anymore.

It has been over a year since this happened. Because of my inadmissibility on ESTA I now have to use a VISA for all future visits to the US. The VISA has a field where it asks about any previous inadmissibility or removal and instructs to attach a copy of the inadmissibility report which contains reasons. The responsible staff considers previous reasons for inadmissibility for all future VISA requests and can easily deny a VISA. Will all my VISA requests get denied based on one time when I was unwell? I am fine now. How to overcome the problem?

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Consider retaining the services of a competent lawyer experienced in the field of immigration law.


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My case is as follows: In 2014 (May), visit of California, LA on the ESTA VWP. Inadmissibility on port of entry (intent to immigrate, mentally unstable).

Sworn statement taken while being unwell, consequently the sworn statement contains nonsense which I only said due to being unwell. Detained in immigration detention as a potential asylum seeker (credible fear). Asylum never claimed, final order of return issued by the judge.

1) "intent to immigrate [on a non-immigrant VISA]" is how the CBP referred to my potential visit of a law office where I would ask about under what conditions I would be eligible for some immigration option. I had no actual intent to illegally immigrate. The CBP was very strict and uncompromising.

2) I am well, no problems in present. I work in a special occupation field, have an advanced degree, and study as a mature graduate student for a doctorate. A very important career advencement and research progress depend on my freedom to travel to the US to attend conferences or for business trips when I work for a company which has an HQ in the US and requires some travel. I currently feel like one negative report taken by the CBP can block all my travel to the US forever.

In the inadmissibility report is a nonsense of great caliber regarding from when I was unwell. Particularly I would not like anyone to read it or to take it seriously because I was not thinking clearly back then on the hot chair of CBP interrogation, and I do not believe those things I was saying anymore.

It has been over a year since this happened. Because of my inadmissibility on ESTA I now have to use a VISA for all future visits to the US. The VISA has a field where it asks about any previous inadmissibility or removal and instructs to attach a copy of the inadmissibility report which contains reasons. The responsible staff considers previous reasons for inadmissibility for all future VISA requests and can easily deny a VISA. Will all my VISA requests get denied based on one time when I was unwell? I am fine now. How to overcome the problem?

Why do you keep saying unwell. What do you mean that that? You had a headache? You were sick? Had some bad burritos for lunch and couldnt concentrate? Mentally unstable? Edited by Shauneg

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Consider retaining the services of a competent lawyer experienced in the field of immigration law.

As far as I know there is nothing an immigration lawyer can do about a non-immigrant visa.

To the OP, you can apply for a tourist visa whenever you want but you'll need to work that much harder to convince the interviewing officer that you have zero intent on living in the US.

Telling the CBP officer that you was planning to enter the US to find a lawyer who could get you a greencard is a huge hurdle for you to get over.

And yes, there are many thousands/millions of people all over the world who are not able to visit the US thanks to mistakes they've made in the past.


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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really! I remember 2005 when I went to CA with a b2 visa to visit my friend..my poe was san Francisco, during my cbp interview I said I'm unwell and I can't answers their questions. and I almost collapse.the reason I'm sick so tired coz we are waiting too long at naia. and pal announced our flight cancelled.the officer gave me drink and asked me if there's someone who will pick me up. and stamped my passport and told me to get rest.that's long time ago, nowadays they are very tight.

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really! I remember 2005 when I went to CA with a b2 visa to visit my friend..my poe was san Francisco, during my cbp interview I said I'm unwell and I can't answers their questions. and I almost collapse.the reason I'm sick so tired coz we are waiting too long at naia. and pal announced our flight cancelled.the officer gave me drink and asked me if there's someone who will pick me up. and stamped my passport and told me to get rest.that's long time ago, nowadays they are very tight.

I'm thinking that the OP means that they were mentally 'unwell' at the time, not physically, and therefore not in a right frame of mind to answer questions.


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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Well all these issues are interconnected but for simplicity I will keep them separate.

Medical

Obviously the Consulate will need Medical Records prognosis etc to ensure that you are fully recovered. No doubt they would refer you to the Consulate Doctor.

Asylum

That sounds a major hurdle, you claimed asylum?

Immigrant Intent

What did you say/do that suggested that?

Statements

What did you say?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1) "intent to immigrate [on a non-immigrant VISA]" is how the CBP referred to my potential visit of a law office where I would ask about under what conditions I would be eligible for some immigration option. I had no actual intent to illegally immigrate. The CBP was very strict and uncompromising.

What exactly does this mean? When they asked what is the purpose of your visit you answered 'going to a law office to ask about immigration options?'

Cos thats just crazy..no surprise they denied you entry.

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What exactly does this mean? When they asked what is the purpose of your visit you answered 'going to a law office to ask about immigration options?'

Cos thats just crazy..no surprise they denied you entry.

When they asked about the purpose of the trip, I stated it is a 6 day holiday just to relax and enjoy the beach. Few questions later, the CBP asked who I could possibly meet during my stay in the US. I was thinking deeply, suggested maybe I could meet one friend who I previously worked with online, and when they asked further for more about who else, I suggested maybe I can also meet some interesting lawyers who offered information about the immigration process for the future. This sparked the problem since the CBP do not allow that. It only came up as an idea because when I was for holidays in Spain I have met completely coincidentally a Spanish immigration lawyer on the beach, and we became friends since she spoke English.

Edited by researcher123

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Can't do anything except explaining to interview officer, but it will be there on your file so good luck.


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12/31/2014: Fingerprinted

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04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

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Well all these issues are interconnected but for simplicity I will keep them separate.

Medical

Obviously the Consulate will need Medical Records prognosis etc to ensure that you are fully recovered. No doubt they would refer you to the Consulate Doctor.

Asylum

That sounds a major hurdle, you claimed asylum?

Immigrant Intent

What did you say/do that suggested that?

Statements

What did you say?

Medical

Thank you, I will study the details.

Asylum

Short answer, no asylum was not claimed.

Long answer: I was refused admission to the US (immigrant intent), and I was not allowed to make any calls prior to removal, but when I asked about how to be able to make a call, the CBP said there is an option to let me call a pro-bono lawyer of my choice for free. They said I must have a reasonable fear of return to qualify. I had honest mistaken beliefs (written into the Sworn Statement) based on which the CBP decided I pass the credible fear interview and can be transported to the detention facility. They said I can end the detention any time, and that I am free to make any calls, then decide to return or claim status. (Claiming legal status is not necessarily asylum. It can be any legal means of staying in the US. I did not intend to stay, but to get an advice because of refused admission, and after I got it I wanted to leave. I spent nearly 2 months in detention before I was finally allowed to return. It was not at all ending the detention when I want to, but instead it was waiting to see the immigration judge.)

Immigrant intent

The CBP asked about any Americans I might meet during my stay in the US. I suggested I can meet a friend I worked with online before, and when they asked about anyone else I might meet during my holiday, I suggested maybe I can meet some lawyer because I need to ask some questions about options for which I am eligible. After several probing questions the CBP they understood I am not trying to do anything my VISA does not allow (since I am allowed to ask legal questions), but they decided to be very strict and refused my admission, saying that I intend to immigrate.

Obviously, I was very frustrated after spending long hours on the flight to the US, having paid a lot of money for the tickets, for my hotel, and having looked forward to everything days in advance. I became really uneasy about the refusal on such inaccurate and exagerrated ground. The CBP pushed me around into their prison-like facility in handcuffs with chains around my waist and on my legs like some criminal when I only had an intent to ask questions, like any information professional perhaps would do. They are the ones who twisted it into an "immigration intent without the right document". I had a return ticket and only 6 days to stay.

Statements

Without going into detail, my sworn statement was based on honest mistaken believes. I have challenged them with critical thinking after some time in detention and realized how the only effect of those statements is that of making others write things like "seemed mentally unstable.", and of course I soon distanced myself from the beliefs and wanted to correct them. I was told I can write any corrections for the immigration judge, whom I however did not want to read this at all, and I only requested to be returned to my home country, with the justification that the information I provided feels mistaken and based on some incorrect assumptions therefore I do not have any credible fear and can be returned.

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So you spent 2 months in detention and were then deported?

I have a feeling that what was said in the sworn statement will be highly relevant.

Not sure if you need a D3 waiver, seems you need a I 212 for the deportation.

This may be one of those situations where a Lawyer is required, there is more than usual going on.

Does strike me that this is still too raw to be able to get a visa, time needs to pass,showing a few years of job stability, support from an employer who is a major US Company would help.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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This situation's getting more complicated with every post.

I'd assumed the OP was turned around at the POE and on the next flight home.

I'd say it's beyond the advice of a DIY forum like this.


August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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