Sister banned to enter to USA?

[Roddick2013 8]

Hi guys, this is my sister’s history, and hopefully, someone can give me an advise of what to do to help her out, thanks ins advance. First at all, I’m a new US citizen (since October 2014), and my parents are getting their papers because of me (they are leaving here in the US. They already got their work permit (Feb 2015), their social security numbers (Feb 2015), and their driver’s license (coming on March 2015, first week I think), they are only waiting for the interviews to become resident. They both applied On Nov 2014, so it’s going to be like a 5 or 6 month waiting time for that, according to the visa bulletin.

My sister was coming to visit me and my dad in 1996 (19 years ago, we were illegal at that time). She got her tourist visa in the embassy of our country , and all was good for her until…... she arrived to the Miami airport, she was 19 years old at that time, and the immigration officers in customs were picking up people randomly to check them the up closely. My sister got nervous (first time traveling alone abroad) and they separated her from the other people, and took her to this small room. They opened up all her baggages and even her purse. In her purse they found a letter from my mom saying that she was going to stay with us, not only to relax, but to work. The inmigration officers read that letter and they put her back in the first plane, they took her fingerprints, and her tourist visa was revoked (they invalidated her tourist visa and that was it.)

My question is, is she banned for life? Or for 10 years, or more or less years?, (they didn’t tell her anything about that), or I can help her out from here, now that I’m a US citizen? or wait until my parents get their green cards and that way it would be better for her? She is now 38, got a job in my country, and she has no intentions of staying here in the US, if she is coming here it would be to see us after 19 years. Don’t get me wrong, I know that I can go to visit her at any time, and my parents can do that after they get their green cards, but we want her here also, I think her case is complex, but maybe someone can give us an advice. I was thinking to write a letter putting all my info (bank statements, along with a copy of my certificate of naturalization saying that she’s going to be here only for tourist purposes, but I don’t think that’s enough), and send her to my sister, so she can go to the embassy and try her luck and apply for a tourist visa again. What should we do? Thanks guys.

[aaron2020 11,651]

Hi,

Whether your sister has a ban or not depends on what happened when her visa got revoked. Did she compound her problems by making a material misrepresentation?

All she can do is apply for the visitor visa and see what happens.

Your info and naturalization will not help show she will not abuse a visitor visa. If she was going g to abuse it while you guys were illegal, doesn't all this stuff make it look like she has more support if she choose to abuse the visa?

The visitor visa is about her complying with the rules. It has nothing to do with you.

Edited February 22, 2015 by aaron2020

[Roddick2013 8]

Thanks AAron for your answer. When that episode happened, she waited like 8 years and applied again for a tourist visa and they didn't approved because in their system it showed what happened. I'm going to encouraged her again to apply for her visa, and see what happens, and take it from there.

[aaron2020 11,651]

The system will always have her past visa applications. Computers don't forget because of the passage of time.

With US immigration, when a person abuse or has intentions to abuse a privilege such as a nonimmigrant visitor visa, that privilege is usually not extended again.

All she can do is apply.

Best of luck.

[Roddick2013 8]

Thanks for your reply again Aaron, That's what "we all" were thinking about that. She has to apply again, and maybe, be with an immigration lawyer at that time.

[aaron2020 11,651]

An immigration lawyer can not do anything to help with a visitor visa. Its a waste of money.

[Roddick2013 8]

I didn't know that. Thanks AAron.

[Boiler 43,397]

What is her nationality?

No harm in trying, only the fee at risk.

[Roddick2013 8]

Hi Boiler,from Peru.

[Boiler 43,397]

Must be about as low a chance as you can get, I would plan on your parents being the one to visit.

[Roddick2013 8]

I'll updated if she decides something, thanks for the reply

[Jawaree 717]

Apply for B1 with D3 waiver (have an atty prepare it (Heather Poole ) great

with D3 waivers....its temp and discretionary, recently someone got that

visa with a past overstay in his teens....it has more of a life when CO decides

to recommend it, however they will still take it at the interview if the waiver

is prepared by atty. The applicant suggested that you tell CO up front you

have a D3 waiver request.....it could take up to 7 mths to be processed .

Option 2: File an immigrant petition for her it will take a long time. I hope there

is consistency on all her applications , everything have to be revealed.

Over & over I tell ppl clear text & phone messages, also do not carry un-necessary

papers with you because they will go thru everything & one never knows when

Edited February 22, 2015 by Jawaree

[Roddick2013 8]

Thanks for your reply Jawaree, We are going to consider any advise that we can get. And yours is a good option also. Do you have the # of that attorney that you just mentioned?

[Roddick2013 8]

I googled it and found her online

[Boiler 43,397]

If it was just for being deported then there would be no ban 19 years later.

I am surprised she was able to get a visitor visa with so many family illegally in the US.