Lawyer error for P3 procedure?

[skinacat 0]

Hi all

My boyfriend had been coming to the US for 8 seasons on a visitors visa, and demonstrating his art form. On his last attempted entry he was told by immigration that he overstayed a few years ago (by 3 days) and hence his visa was cancelled. He was also told he was not allowed to sell his art using a tourist visa. I have talked to several attorneys who say this is a gray area and perhaps he is allowed to sell his art using a tourist visa. In any event his visa has already been cancelled and he was removed.

Since then the place that was allowing him to demo his art form and selling his art applied for a P3 visa. This visa really fits what he was doing and we felt we corrected our mistakes-if in fact selling his art it's not allowed.

The P3 visa was denied right away-none of his supporting papers were reviewed. (I've heard this is common) When he asked the officer why he was denied he was told "because you overstayed". The officer also said "ask your lawyer".

He did have a request for a waiver of inadmissibliy with him -which also was not reviewed. He was also told by letter that he had not overcome immigrant intent which I assume is due to the 3 day overstay.

I have since heard that the waiver of inadmissiblity needs to be approved BEFORE a visa application is filed. Is this true? Should we have received an approved waiver before going forward with the P3 application? Does anyone think he should apply again? Any experience with this?

[Boiler 43,597]

I have since heard that the waiver of inadmissiblity needs to be approved BEFORE a visa application is filed. Is this true? Should we have received an approved waiver before going forward with the P3 application? Does anyone think he should apply again? Any experience with this?

No

No

Give it a few years. Was he allowed to withdraw or was he deported.

[canadian_wife 1,791]

When you say 'removed' what does that mean? It is important to your boyfriend's case that you know exactly what happened, was there anything written in his passport when he was 'removed'?

Good luck

[skinacat 0]

When you say 'removed' what does that mean? It is important to your boyfriend's case that you know exactly what happened, was there anything written in his passport when he was 'removed'?

Good luck

He was removed from the US at the port of entry . My understanding is if he was never living here it's called a removal (not deported) Is that right? When he got off the plane he was questioned and then they made him return to his country. He was not allowed to leave voluntarily.

And they stamped CANCEL on the US visa part of his passport it many times.

Is there more I should understand about this? I'm trying but there is so much conflicting information out there! I will take all the help I can get-so fire away!

Thanks for all of your help-

[skinacat 0]

No

No

Give it a few years. Was he allowed to withdraw or was he deported.

HE was removed and no, he was not allowed to withdraw. When you say give it a few years do you mean we'd apply for the same visa again but after he has "served" most of his 5 bar?

Thanks for all of your help-I"m pretty confuzzled by all of this.

[Boiler 43,597]

5 years at least and then it will be a long shot.

[canadian_wife 1,791]

From what you say, and I'm not sure we have the entire picture, he was given an expedited removal, which is treated the same as a deportation in terms of immigrating to the US - sounds like he has as 5 year ban, which is the reason any and all visas will be denied in the future

Good luck

[jaycali 415]

This visa really fits what he was doing and we felt we corrected our mistakes-if in fact selling his art it's not allowed. The P3 visa was denied right away-none of his supporting papers were reviewed.

Sorry to hear this, but immigration is one of those things that most developed countries, especially the US, is extremely strict on. Mowing a lawn without work authorization, or overstaying even one day can often land you a 5 year bar on re-entry. When given a 5 year bar, the only thing to do really is wait 5 years and try again.. It'll be in all consular and CBP databases.

Most of the time, only spouses of US citizens are forgiven overstays, and even then they need waivers.

Edited February 26, 2012 by jhsm85

[skinacat 0]

Thanks so much for your response. He did have a waiver but they did not look at it. I wonder who is actually fogiven with these waivers. Like on the list (for waivers) was drug dealers, human traffickers etc and I thought, "if they can even think about forgiving that then we had a chance"-but it didn't work that way.

So what is the point to having a waiver process? Who gets forgiven?

Anyway you are correct they are very strict about this-oddly bc they forgive a lot of other things that I would not suspect they would.

Do you think if we wait it out and try again for the same visa we have any chance?

[jaycali 415]

Thanks so much for your response. He did have a waiver but they did not look at it. I wonder who is actually fogiven with these waivers. Like on the list (for waivers) was drug dealers, human traffickers etc and I thought, "if they can even think about forgiving that then we had a chance"-but it didn't work that way.So what is the point to having a waiver process? Who gets forgiven?Anyway you are correct they are very strict about this-oddly bc they forgive a lot of other things that I would not suspect they would.Do you think if we wait it out and try again for the same visa we have any chance?

It's not always just the nature of the crime but also the visa class. For overstays, only spouses of US citizens, and I believe those who were brought to the US as minors but left before turning 18 are forgiven.

This is because denying a spousal visa doesn't just affect the foreigner, it has adverse effects on US citizen involved too. They don't care about the foreigner, but they do care about the US citizen that the visa was created to help. A P-3 denial doesn't severely affect a US citizen, only the foreign applicant. Therefore, no waiver is really relevant.

As for crimes, pretty crimes not involving moral turpitude may be forgiven for many visa classes depending on how long ago they were commited.

Human trafficers, drug dealers etc. may try to waive or appeal decisions for some visas, but the chances of getting an approved waiver for a convicted drug dealer is next to zero, no matter what visa class. I can't think of a single case where I've hard of serious crimes like that actually being waived.

The problem with overstay is first it gives a bar, a period of time where you can't apply for any visa, they'll reject you no matter what inks you can prove the overstay didn't happen. After that bar is lifted the consular officer may still immediately think «he overstayed last time, he'll probably do it again»

Edited February 27, 2012 by jhsm85

[jaycali 415]

Inks = unless

Autocorrect.

[skinacat 0]

It's not always just the nature of the crime but also the visa class. For overstays, only spouses of US citizens, and I believe those who were brought to the US as minors but left before turning 18 are forgiven.

This is because denying a spousal visa doesn't just affect the foreigner, it has adverse effects on US citizen involved too. They don't care about the foreigner, but they do care about the US citizen that the visa was created to help. A P-3 denial doesn't severely affect a US citizen, only the foreign applicant. Therefore, no waiver is really relevant.

As for crimes, pretty crimes not involving moral turpitude may be forgiven for many visa classes depending on how long ago they were commited.

Human trafficers, drug dealers etc. may try to waive or appeal decisions for some visas, but the chances of getting an approved waiver for a convicted drug dealer is next to zero, no matter what visa class. I can't think of a single case where I've hard of serious crimes like that actually being waived.

The problem with overstay is first it gives a bar, a period of time where you can't apply for any visa, they'll reject you no matter what inks you can prove the overstay didn't happen. After that bar is lifted the consular officer may still immediately think «he overstayed last time, he'll probably do it again»

You said they will reject his visa every time. It would be great if they would tell us before he spent over $2000 that there was no chance of a visa. I guess our lawyer should have known this but apparently she didn't.

I am surprized, first that crimes would be forgiven but not a 3 day overstay! But also he overstayed on his first visit and subsequently left on time the 6 other visits. So he had 7 opportunities to disappear into the US if that was his plan. But the fact is that he did not- He left every time (yes once he was three days late-obviously not intentional) But he had every opportunity to not get back on the flights out of the US and did not.

I'm also surprized that a one year overstay produces a 3 year bar (but a 3 day overstay produces a 5 year bar)

Thanks again for your information It's good to know he won't be approved and we can stop spending our time and money.

[Boiler 43,597]

He is applying for a discretionary temporary visa.

You make it sound more like an immigrant visa.