Applying for b1/b2 visa after being deported 18 years ago

[Bengalita 12]

Hello. I need your input urgently. I have a Guatemalan friend who had a valid tourist visa 18 years ago, and he never overstayed. But on one of his trips, he arrived and was detained in Customs, and they accused him of having a bank account in the USA (which he did, yes. On one of his trips, he opened a bank account with his passport... maybe not a good idea, but whatever.) And they detained him for a few days and ultimately he was deported. Very unfair in my opinion. Anyway, 18 years later, his friend invites him to California to visit, and has already purchased his flight. It's in 2 weeks. What other form does he have to fill out apart from the VISA application? Isn't there a for I-212 or something... it's for people who want to reenter the USA after having been deported? How does that work?

Oh, and since then, he also has German citizenship (and German passport), so he wants to know if that, in any way, can help him re-gain his US Visa.

Your responses are greatly appreciated.

[Boiler 43,634]

never purchase a ticket without a visa (VISA btw is a credit card).

Can he even get an appointment in that timeline.

If he needs a waiver they take 6 months or so.

German Citizenship irrelevant.

[aleful 1,905]

hi

wrong thing to do, he should never have purchased a ticket without already having the visa in hand. there is no guarantee that he will ever get a visa

there is no waiver because that happened a very long time ago, but that record is in his file, that he was deported, so he may have a hard time convincing the immigration officer that he has no intent of staying

he has to show strong ties to his country and that he won't intent to stay

all he can do is try

[Bengalita 12]

never purchase a ticket without a visa (VISA btw is a credit card).

Can he even get an appointment in that timeline.

If he needs a waiver they take 6 months or so.

German Citizenship irrelevant.

Hi. Yes, I agree. He should have never done that. (And yes, I know VISA and Mastercard are good credit cards to pay your plane ticket with... hahaha)

This has been an ongoing issue forever. He just wants closure to this and he wants to see if he can get to the USA by applying with E.S.T.A. It'sjust one of those things that you're going to have to wait and see what happens to finally know for sure.

Thanks!

[Bengalita 12]

hi

wrong thing to do, he should never have purchased a ticket without already having the visa in hand. there is no guarantee that he will ever get a visa

there is no waiver because that happened a very long time ago, but that record is in his file, that he was deported, so he may have a hard time convincing the immigration officer that he has no intent of staying

he has to show strong ties to his country and that he won't intent to stay

all he can do is try

Hi. Yes, I agree completely with you.

After I posted the question, I read some more about this matter.

He told me he wants to just use his German citizenship & passport to go to the USA via E.S.T.A. But after reading about it, I assume that will be a sticky situation because, even if his E.S.T.A is approved, that might get him to the doors of the airport of his port of entry but once he puts fingerprints, it may send an alert to the immigration officers who might take him into secondary inspection. From that point, he's at their mercy. I read about all that here: https://help.cbp.gov/app/answers/detail/a_id/1074/~/esta-application-denied and here: https://help.cbp.gov/app/answers/detail/a_id/1097/related/1/~/esta-application-denied

[Boiler 43,634]

He is not eligible to use the VWP, why has he applied for ESTA?:

[Bengalita 12]

He is not eligible to use the VWP, why has he applied for ESTA?:

He hasn't done so yet, but his intentions are to do that. I keep telling him not to. I sent him the information that I cited (the links, that is.) His 'friend' in Arkansas keeps telling him that E.S.T.A (based on his German citizenship, not his Guatemalan citizenship) is much more feasible than applying for a tourist visa.... Aaaand, if that's not enough, his 'friend' already bought him the ticket to travel in 2 weeks. So basically, at this point, I'm foreseeing that this person will apply for E.S.T.A and IF, in the rare case, he is approved, he will board the plane, arrive at the POE, and from there, he's fried chicken. And if that's the case, too bad, so sad, because I've already warned him. I'll be posting updates. Don't worry. I want this to serve as an example for all others who attempt to do the same thing.

[Boiler 43,634]

If he lies on ESTA the he is looking at a lifetime ban.

[Bengalita 12]

If he lies on ESTA the he is looking at a lifetime ban.

Exactly. But he says he's going to tell the truth. So if he does, he may not get past the E.S.T.A application because he might likely be denied. In which case, end of story. hehe

[Boiler 43,634]

He is not eligible to apply for ESTA, so he would need to lie to start.

[Bengalita 12]

He is not eligible to apply for ESTA, so he would need to lie to start.

Why do you say that?

[Boiler 43,634]

Why do you say that?

It is what you said, you said he was deported 18 years ago.

[Unlockable 7,306]

Hi. Yes, I agree completely with you.

After I posted the question, I read some more about this matter.

He told me he wants to just use his German citizenship & passport to go to the USA via E.S.T.A. But after reading about it, I assume that will be a sticky situation because, even if his E.S.T.A is approved, that might get him to the doors of the airport of his port of entry but once he puts fingerprints, it may send an alert to the immigration officers who might take him into secondary inspection. From that point, he's at their mercy. I read about all that here: https://help.cbp.gov/app/answers/detail/a_id/1074/~/esta-application-denied and here: https://help.cbp.gov/app/answers/detail/a_id/1097/related/1/~/esta-application-denied

It's good that you are trying to help your friends by preventing a situation that could end up being bad.

You are right, the old "get a passport from another country" trick has been tried time and time again. Hence the reason fingerprinting is standard.

It looks like they have a "plan". If you can prevent it then that's good. If not, you've done the best you can do.

[HFM181818 748]

a lot of inaccurate advice...first thing he should do is try and find the I-275 that he was likely given...because on that report (the form filled out when someone is denied admission), it would state the law(s) by which he was (likely) denied admission to the US, which is different from being deported!

One cannot be deported from the US if one was never admitted to the US first (or if someone snuck in)....it sounds like he was denied admission, under INA 235...he needs to locate that report because his period of inadmissibility will be indicated on it (5, 10, 20 years)....there are a lot of missing parts to this entire story....but I doubt he was deported...and if he was deemed inadmissible, the typical period of time for that inadmissibility is 5 years....which has passed...obviously...

As for your opinion about the 'fairness' of INS's decision, it is not relevant to the discussion and will play absolutely no role in his ability (or not) to visit the US.

[Bengalita 12]

a lot of inaccurate advice...first thing he should do is try and find the I-275 that he was likely given...because on that report (the form filled out when someone is denied admission), it would state the law(s) by which he was (likely) denied admission to the US, which is different from being deported!

One cannot be deported from the US if one was never admitted to the US first (or if someone snuck in)....it sounds like he was denied admission, under INA 235...he needs to locate that report because his period of inadmissibility will be indicated on it (5, 10, 20 years)....there are a lot of missing parts to this entire story....but I doubt he was deported...and if he was deemed inadmissible, the typical period of time for that inadmissibility is 5 years....which has passed...obviously...

As for your opinion about the 'fairness' of INS's decision, it is not relevant to the discussion and will play absolutely no role in his ability (or not) to visit the US.

I agree, it doesn't matter if I think USCIS (not INS) decision was fair or not. It's not about me.

Also, he was deported. He was taken into secondary inspection upon that arrival that I mentioned, and from there, they detained him, sent him to a detention hall, and he was deported 30 days later. No, it's not fair, but it is what it is. And nothing we can do about it. I saw his papers. Their reason for denying him entry, and subsequently deporting him, they said, was that he supposedly was coming to the United States to reside, not for tourist reasons. No other details. That's all they said.

He is not eligible to apply for ESTA, so he would need to lie to start.

Correct me if I"m wrong, but he can still fill out the ESTA application, and answer everything truthfully, right? Or is there a place on that application that says that if you've ever been deported from USA, you are not to fill out the application?