got denied us border

[stranger1111 0]

NO. Boiler is explaining the US work visa process to you.

You don't get a green card right away from a work visa.

Oh thank you ! When i read lottery I thought green card some how .I see it takes quite some time but I guess if I lucky I get it in one year.

[Boiler 43,430]

Longer than a year.

[stranger1111 0]

Longer than a year.

Wow .that's really take time huh? What about K-1 visa is it take that long too? I feel like I should apply for K-1 because the reason I overstayed is because of my relationship and I can definitely prove that .am I making mistake to think of K-1 visa instead work ? Let's be honest there is no company wait that long ..

[Boiler 43,430]

You have normal K1 plus waiver(s) issue.

K1 is quicker.

[Californiansunset 332]

Wow .that's really take time huh? What about K-1 visa is it take that long too? I feel like I should apply for K-1 because the reason I overstayed is because of my relationship and I can definitely prove that .am I making mistake to think of K-1 visa instead work ? Let's be honest there is no company wait that long ..

The K1 process is really fast right now. It can be done within 6 months. The waiver wait times are really long right now though. The last posts about the processing times stated anything between 7-15months for a waiver right now, although I read that it's usually somewhere around 9 months.

If you feel like K1 is the better option for you then also start looking into whether you think you and your boyfriend could prove some sort of hardship, because there's no point in you going the K1 route if you in the end notice that you won't be able to get a waiver approved because of missing hardships.

[jan22 2,898]

Let me try to explain some of the issues that you still seem to be having trouble with or aren't sure about.

First -- As you now understand, having a social security number/card doesn't give you the right to work in the US. It was for the job that was part of your J1 and only that job unless you got additional approvals. I'm sure that part of the information you received about your F1 visa status included something about the severe limits on working in the US, including that it had to be on campus, etc., but you overlooked that information or forgot about it in your excitement. As you indicate, you still have to suffer the consequences of your actions even though you didn't remember/know they were wrong.

Second -- you were completely right in answering honestly about your work activity in the US and you should continue to do so in future visa interviews. Because of that honestly, you were likely spared a lifetime ineligibility based on having committed fraud/misrepresentation. You cited two codes as the reasons you were denied entry. One was 212(a)(7) which is basically the USCIS equivalent of 214b -- an intending immigrant or intending worker without the proper documentation (visa) to do so. That was the reason for your denied entry and, apparently, the only reason so you don't have a lifetime ban. The other section you cited, 235(b)(1), is the portion of the law that gives the USCIS officer authority to order your removal from the US without further review. That section applies to anyone who is denied entry under either 212(a)(7) or 212(a)(6)©.

Second -- you mentioned your "right" to withdraw your application (commonly referred to as voluntary departure) instead of being ordered removed. As you have come to know, there is no such right. The immigration officer MAY (emphasis added), at his/her discretion, allow the person to withdraw their application and depart immediately from the US. The officer decided in your case not to use that discretionary power in your case and ordered you removed.

Third -- as the immigration officer told you, you are banned from the US for a 5 year period. Any visa you apply for will be denied until the 5 years have passed. Or, you can apply for an I-212 waiver. If approved, that allows you to apply for a visa. That doesn't mean that you will get any visa you apply for -- the visa officer will decide whether you qualify for it or not. But, your application will at least be considered on its merit if you have a waiver that allows you to apply for the visa. Otherwise, any visa application must be denied until the 5 year ban is completed.

I know this is a lot of technical language, especially when it's in a second language, but hope it helps you understand things a little better.

Edited September 26, 2016 by jan22

[Boiler 43,430]

Let me try to explain some of the issues that you still seem to be having trouble with or aren't sure about.

First -- As you now understand, having a social security number/card doesn't give you the right to work in the US. It was for the job that was part of your J1 and only that job unless you got additional approvals. I'm sure that part of the information you received about your F1 visa status included something about the severe limits on working in the US, including that it had to be on campus, etc., but you overlooked that information or forgot about it in your excitement. As you indicate, you still have to suffer the consequences of your actions even though you didn't remember/know they were wrong.

Second -- you were completely right in answering honestly about your work activity in the US and you should continue to do so in future visa interviews. Because of that honestly, you were likely spared a lifetime ineligibility based on having committed fraud/misrepresentation. You cited two codes as the reasons you were denied entry. One was 212(a)(7) which is basically the USCIS equivalent of 214b -- an intending immigrant or intending worker without the proper documentation (visa) to do so. That was the reason for your denied entry and, apparently, the only reason so you don't have a lifetime ban. The other section you cited, 235(b)(1), is the portion of the law that gives the USCIS officer authority to order your removal from the US without further review. That section applies to anyone who is denied entry under either 212(a)(7) or 212(a)(6)©.

Second -- you mentioned your "right" to withdraw your application (commonly referred to as voluntary departure) instead of being ordered removed. As you have come to know, there is no such right. The immigration officer MAY (emphasis added), at his/her discretion, allow the person to withdraw their application and depart immediately from the US. The officer decided in your case not to use that discretionary power in your case and ordered you removed.

Third -- as the immigration officer told you, you are banned from the US for a 5 year period. Any visa you apply for will be denied until the 5 years have passed. Or, you can apply for an I-212 waiver. If approved, that allows you to apply for a visa. That doesn't mean that you will get any visa you apply for -- the visa officer will decide whether you qualify for it or not. But, your application will at least be considered on its merit if you have a waiver that allows you to apply for the visa. Otherwise, any visa application must be denied until the 5 year ban is completed.

I know this is a lot of technical language, especially when it's in a second language, but hope it helps you understand things a little better.

Pretty sure she knew she was not work authorised.

I have seen many cases where somebody has say been deported with a need for a 212, and of course applying for a non immigrant visa does not require the CO to consider more than the obvious reason to decline.

Later when an immigrant visa comes into play they get hot with the full list of their misdeeds, requiring the 601.

[stranger1111 0]

Let me try to explain some of the issues that you still seem to be having trouble with or aren't sure about.

First -- As you now understand, having a social security number/card doesn't give you the right to work in the US. It was for the job that was part of your J1 and only that job unless you got additional approvals. I'm sure that part of the information you received about your F1 visa status included something about the severe limits on working in the US, including that it had to be on campus, etc., but you overlooked that information or forgot about it in your excitement. As you indicate, you still have to suffer the consequences of your actions even though you didn't remember/know they were wrong.

Second -- you were completely right in answering honestly about your work activity in the US and you should continue to do so in future visa interviews. Because of that honestly, you were likely spared a lifetime ineligibility based on having committed fraud/misrepresentation. You cited two codes as the reasons you were denied entry. One was 212(a)(7) which is basically the USCIS equivalent of 214b -- an intending immigrant or intending worker without the proper documentation (visa) to do so. That was the reason for your denied entry and, apparently, the only reason so you don't have a lifetime ban. The other section you cited, 235(b)(1), is the portion of the law that gives the USCIS officer authority to order your removal from the US without further review. That section applies to anyone who is denied entry under either 212(a)(7) or 212(a)(6)©.

Second -- you mentioned your "right" to withdraw your application (commonly referred to as voluntary departure) instead of being ordered removed. As you have come to know, there is no such right. The immigration officer MAY (emphasis added), at his/her discretion, allow the person to withdraw their application and depart immediately from the US. The officer decided in your case not to use that discretionary power in your case and ordered you removed.

Third -- as the immigration officer told you, you are banned from the US for a 5 year period. Any visa you apply for will be denied until the 5 years have passed. Or, you can apply for an I-212 waiver. If approved, that allows you to apply for a visa. That doesn't mean that you will get any visa you apply for -- the visa officer will decide whether you qualify for it or not. But, your application will at least be considered on its merit if you have a waiver that allows you to apply for the visa. Otherwise, any visa application must be denied until the 5 year ban is completed.

I know this is a lot of technical language, especially when it's in a second language, but hope it helps you understand things a little better.

Thank you !! Actually it was a good lesson for me and I totally understand.yes I feel like I m lucky because if I wasn't honest I could of banned more than 5 years.my boyfriend and I looking possibilities to how to come back USA for me and we both know now is it going to be long road .

[stranger1111 0]

Pretty sure she knew she was not work authorised.

I have seen many cases where somebody has say been deported with a need for a 212, and of course applying for a non immigrant visa does not require the CO to consider more than the obvious reason to decline.

Later when an immigrant visa comes into play they get hot with the full list of their misdeeds, requiring the 601.

I always appreciate your response for me but I want to tell you something i really didn't know about working !! I asked multiple people if I can work nobody said no also every time I applied for visa I had a copy of it and showed consulate officer ,they didn't say anything either but that doesn't mean that I m right about my actions !! I suppose to search it and make sure about it now I m suffering With consequences.

I've been USA almost 5 years I never had criminal record or any bad actions. I always respect to law and I've been honest .no matter what I do it won't change that I made a big mistake .

Now my BF and I searching about K1 and other possibilities .

[Californiansunset 332]

I always appreciate your response for me but I want to tell you something i really didn't know about working !! I asked multiple people if I can work nobody said no also every time I applied for visa I had a copy of it and showed consulate officer ,they didn't say anything either but that doesn't mean that I m right about my actions !! I suppose to search it and make sure about it now I m suffering With consequences.

I've been USA almost 5 years I never had criminal record or any bad actions. I always respect to law and I've been honest .no matter what I do it won't change that I made a big mistake .

Now my BF and I searching about K1 and other possibilities .

You have to admit that it is really hard to believe that you didn't know that you weren't allowed to work, especially considering that you've been living there for 5 years. Apart from the fact that I feel like it's common knowledge that having a visa for a foreign country doesn't immediately authorize you to work without a permit, it is widely known in the U.S. among immigrants (or visa holders) that it takes a work permit to work because everyone of us would've loved to make some extra cash while studying/interning/volunteering/making a long vacation there to visit your partner. Even if your friends ask you to babysit for their children in return of some money or how it happened to me that a friend offered me to help with his administrative work at home for some extra cash, you have to turn that offer down because it violates your visa rules. Especially among foreign students it is a known thing (because all of them want to make some money) that you are not allowed to work without a permit or it is only allowed to work on campus. I am reaaaaally sorry to say that but you must've been super oblivious to not know that you can't work. I only spent 1,5 years in the US and never had much contact to other foreign people and even with my friends all being US citizen being surprised that I can not just go and work, I knew that I wasn't allowed to make some extra cash in any way. It is going to be very difficult to convince any officer in the near future that you didn't know that especially considering that you've been living there for so long.

[stranger1111 0]

You have to admit that it is really hard to believe that you didn't know that you weren't allowed to work, especially considering that you've been living there for 5 years. Apart from the fact that I feel like it's common knowledge that having a visa for a foreign country doesn't immediately authorize you to work without a permit, it is widely known in the U.S. among immigrants (or visa holders) that it takes a work permit to work because everyone of us would've loved to make some extra cash while studying/interning/volunteering/making a long vacation there to visit your partner. Even if your friends ask you to babysit for their children in return of some money or how it happened to me that a friend offered me to help with his administrative work at home for some extra cash, you have to turn that offer down because it violates your visa rules. Especially among foreign students it is a known thing (because all of them want to make some money) that you are not allowed to work without a permit or it is only allowed to work on campus. I am reaaaaally sorry to say that but you must've been super oblivious to not know that you can't work. I only spent 1,5 years in the US and never had much contact to other foreign people and even with my friends all being US citizen being surprised that I can not just go and work, I knew that I wasn't allowed to make some extra cash in any way. It is going to be very difficult to convince any officer in the near future that you didn't know that especially considering that you've been living there for so long.

You are right.but I thought since I have that card I have a work permit (I know it's stupid to believe ) but it's the truth .I wasn't working all that time at all.I have my social card since 2011 and I start to work 2014 .you are right it will be really hard to explain myself to officers about this.in the papers (my case ) officer wrote them all.every question about my work I answered them with honesty .of course that doesn't mean anything at this point.

Let say I waited 5 years until my ban over.after that if I apply for visa it would still be problem right ? There is so many information on internet and I really don't know what to think about it .

[Californiansunset 332]

You are right.but I thought since I have that card I have a work permit (I know it's stupid to believe ) but it's the truth .I wasn't working all that time at all.I have my social card since 2011 and I start to work 2014 .you are right it will be really hard to explain myself to officers about this.in the papers (my case ) officer wrote them all.every question about my work I answered them with honesty .of course that doesn't mean anything at this point.

Let say I waited 5 years until my ban over.after that if I apply for visa it would still be problem right ? There is so many information on internet and I really don't know what to think about it .

No, after your ban is over you can enter the US without needing any sort of waiver. You might face a little more scrutiny but in general it shouldn't cause big problems.

Just out of curiousity: why did you get a SSN as a J1 visa holder?

[Boiler 43,430]

A little more scrutiny?

[stranger1111 0]

A little more scrutiny?

Why is so funny ? Is it not true?

[stranger1111 0]

No, after your ban is over you can enter the US without needing any sort of waiver. You might face a little more scrutiny but in general it shouldn't cause big problems.

Just out of curiousity: why did you get a SSN as a J1 visa holder?

I was in college that year and there was a program called work and travel in USA .that's how I applied because I didn't know English .program was only 3 months and I left without problem but nobody took the card back .