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MOE1997

Got denied entry pursuant to 212(a) (7) (a) (i) (I)

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I'm sorry all this happened to you. I think people gave you some good advice. I really wanted to say, hang in there. You are young, it's not the end of the world, though it seems like it now. Most of us here have had or are having long distance relationships, some dragging on for years. Right now you are probably feeling helpless because of what happened. Try to get some plans formed so you can move forward and focus on the future.

Thanks a lot for the advice and appreciate everyone here for writing. Me personally I can't seem to accept the fact that I have lost the US. It really is important to me. I haven't even seen the great places there and the tourist cities like: NYC, California and so on.

I really wanna see them. So, if I wanted to visit my girlfriend during summer time to have a vacation with her, will I be able to get a Tourist visa?

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Filed: K-1 Visa Country: Wales
Timeline

As others have said a non immigrant visa anytime soon is most unlikely, surprised that the Consulate issued another F1, I take it you disclosed you prior history.

US and Canada share immigration data.

Can your GF move to you?

“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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As others have said a non immigrant visa anytime soon is most unlikely, surprised that the Consulate issued another F1, I take it you disclosed you prior history.

US and Canada share immigration data.

Can your GF move to you?

Even next year? Ugh this is really harsh for someone who made a mistake.

She can't really move since she got her studies in the US. Canada has different rules and their law has nothing to do with the US, but a previous overstay from a a different country might be looked at as a bad sign? I really hope not.

I am so afraid now that I may not be able to study abroad, nor see my GF and the US again......

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Wonder why ppl fly around with all kinds of info in phones except contact numbers,

OP sign up for school in your home country, you wont get another student visa soon

A really stupid move from me that I will most likely regret for the rest of my life. Either way, I try not to think about it now since there is no benefit in thinking about the past.

Should I propose to my girlfriend and go through the K-1 process? I really can't live with this :(

or

Waiting it out is the best option for me now? Again am so grateful for this site and everyone here. You are amazing people.

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A really stupid move from me that I will most likely regret for the rest of my life. Either way, I try not to think about it now since there is no benefit in thinking about the past.

Should I propose to my girlfriend and go through the K-1 process? I really can't live with this :(

or

Waiting it out is the best option for me now? Again am so grateful for this site and everyone here. You are amazing people.

Do not propose just to immigrate!

That is the very thing USCIS are there to prevent and they will figure you out. That being said if you love them and were going to propose anyway then go ahead and do it, but remember that you will need a lot of evidence to prove your relationship is legitimate.

Honestly, I think your best bet is to wait a while, see if it works out long distance with your relationship and focus on your life where you are for now.

AOS Timeline

  • 10/23/2016 - I-130/I-485 Concurrent packet posted
  • 10/25/2016 - Packet signed for at Chicago lockbox
  • 11/09/2016 - E-Notifications received
  • 11/15/2016 - NOA's received in post
  • 11/18/2016 - Biometric appointment received (set for 11/30)
  • 11/30/2016 - Biometric appointment completed
  • 01/25/2017 - EAD Approved
  • 01/25/2017 - AP Approved
  • 02/01/2017 - Combo Card arrived in the post

 

>>THIS IS WHAT I PUT IN MY PACKET<<

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Do not propose just to immigrate!

That is the very thing USCIS are there to prevent and they will figure you out. That being said if you love them and were going to propose anyway then go ahead and do it, but remember that you will need a lot of evidence to prove your relationship is legitimate.

Honestly, I think your best bet is to wait a while, see if it works out long distance with your relationship and focus on your life where you are for now.

Yes, I am thinking of waiting since it is better to wait than to make the situation even worse. I am thinking of going to Canada to complete my bachelor's degree.

Is anyone here with a similar case was able to obtain a student visa from another country? Or am I completely screwed after what happened and have no choice but to stay where I am?

Please help, since studying in canada will be great for both me and my gf, since she can visit me.

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You can try DV Lottery (to get an immigrant visa) or a number of dual intent visas (work, special skills, etc). There are still some options open beyond the non-immigrant visas.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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Filed: Citizen (apr) Country: India
Timeline

Yes, I am thinking of waiting since it is better to wait than to make the situation even worse. I am thinking of going to Canada to complete my bachelor's degree.

Is anyone here with a similar case was able to obtain a student visa from another country? Or am I completely screwed after what happened and have no choice but to stay where I am?

Please help, since studying in canada will be great for both me and my gf, since she can visit me.

First of all!! Relax.. its not the end of the world.. good thing is you haven't really burned your bridges yet.. u still have immigrant visa option available. Yes may be not right now but u r not banned from Us. I abandoned my green card application because of family emergency. So i know how u feeling right now. But again its not the end of yhe world.. accept what has already happened and move on.. you have one life and u dont want to spend that life regretting. We r human beings so we tend to make mistakes and we learn from it. Dont be hard on yourself..

 

My Time line is Updated! 

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Filed: K-1 Visa Country: Switzerland
Timeline

....Afterwards, the CBP officer took my phone and found out that I received money from YouTube and called that unauthorized work. I never knew that. Since I have always been a youtuber most of my life and I can do that anywhere in the world. Still that was illegal and I was completely unaware.

Long story short, he found me inadmissible pursuant to 212 (a) (7) (a) (i) (I) as an intending immigrant. And then he allowed me to withdraw my application for admission and sent me back home at the same time on the next flight. Now I have on my record: Unauthorized work and an overstay.

I think you have somewhat of a legitimate beef here. Being a Youtuber is not necessarily a US based job. However you overstayed which is grounds enough to not let back in. I would take this as a learning experience. But as others have said, it's not game over yet.

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I think you have somewhat of a legitimate beef here. Being a Youtuber is not necessarily a US based job. However you overstayed which is grounds enough to not let back in. I would take this as a learning experience. But as others have said, it's not game over yet.

It doesn't matter if the employer is not US based. A non-immigrant alien is not allowed to perform any paid work in the US except for what is specifically permitted by the visa category. Granted there is some legal gray area when it comes to F1 grad students doing certain field work, etc, but making money from YouTube channel is a clear case of unauthorized work.

03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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Filed: Citizen (apr) Country: Brazil
Timeline

It doesn't matter if the employer is not US based. A non-immigrant alien is not allowed to perform any paid work in the US except for what is specifically permitted by the visa category. Granted there is some legal gray area when it comes to F1 grad students doing certain field work, etc, but making money from YouTube channel is a clear case of unauthorized work.

Actually there's more to that grey area, including people who freelance for overseas companies while in the US on tourist visas. Sometimes it boils down to whether or not they were paid into a US account as a US resident. If yes, then it's US-based employment.

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Filed: AOS (pnd) Country: Jamaica
Timeline

Actually there's more to that grey area, including people who freelance for overseas companies while in the US on tourist visas. Sometimes it boils down to whether or not they were paid into a US account as a US resident. If yes, then it's US-based employment.

Interesting.

Pkg Sent:9/13/16


Received at Chicago Lock box: 9/16/16


Received Texts: 9/30/16


NOA1 Received: 10/4/16 : Receipt Date of 9/19/16


Bio Appt letter Received: 10/12/16


Bio Appt completed: 10/24/16


Card in production: 11/17/16


Combo Card received 11/25/16

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Yes, I am thinking of waiting since it is better to wait than to make the situation even worse. I am thinking of going to Canada to complete my bachelor's degree.

Is anyone here with a similar case was able to obtain a student visa from another country? Or am I completely screwed after what happened and have no choice but to stay where I am?

Please help, since studying in canada will be great for both me and my gf, since she can visit me.

US and Canada share visa enforcement information so they will be made aware of your issues entering the USA and they will take that into account when you apply there.

They may approve it anyway, the only way to find out is to apply.

AOS Timeline

  • 10/23/2016 - I-130/I-485 Concurrent packet posted
  • 10/25/2016 - Packet signed for at Chicago lockbox
  • 11/09/2016 - E-Notifications received
  • 11/15/2016 - NOA's received in post
  • 11/18/2016 - Biometric appointment received (set for 11/30)
  • 11/30/2016 - Biometric appointment completed
  • 01/25/2017 - EAD Approved
  • 01/25/2017 - AP Approved
  • 02/01/2017 - Combo Card arrived in the post

 

>>THIS IS WHAT I PUT IN MY PACKET<<

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Filed: Citizen (apr) Country: Venezuela
Timeline

If you have friend or relatives, ask them to pack your furniture and ship it to you. They might also help you sell your car.

Getting another visa, of any kind, to the US is going to be difficult for some time. You should try to establish your life at home and try again in a few years.

It may seem so but it's really not the end of the world.

Good luck.

I absolutely agree with him/her. Getting a k1 visa or a CR1 is relatively easy but now you have in your record that you overstayed, you literally were deported and on top of that you have a "charge" of working without authorization.

Any CO at the embassy will think you are just desperate to come back to the US even though you have a real relationship. If I were you I would definitely take the advice and have somebody to pack your stuff or get a really really good lawyer.

Do you know if you have a ban? usually people who goes through deportation gets a ban that can go from 5, 10 years to a lifetime. If you have a ban in your record, I wouldn't even spend any money in a lawyer

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