Visa denied

[fitleo 15]

Hi everyone, 

 

So today my husband went for his interview in Kazakhstan and his visa application was denied on 2 grounds ( bear in mind,  none of which are pertinent to our marriage and family)

 

1. The CO insisted that his previous B1 visa (2009) in the US working for a major multinational corporation was a mistake and that he overstayed his 180 days limit under it. Which is NOT  true as evident by his passport stamps and yet the consulate officer wouldn't look at it. Husband had to travel to the UK and back with it. 

 

2. Although he had ( and we both have the trabscribed admission refusal documents) 5 year entry ban which expired in 2015, he comes to find out that "the POE officer extended it to 10 yrs" as per the consulate office. The transcription we have clearly states 5 yrs.

 

So there,  since June 1st 2016 and after numerous calls and appeals for all the delays, my husband's visa was denied. 

 

I'm not angry, I'm baffled. Our son is turning 1 yr old in a month & we haven't been together as a family since April 2016.

 

This is the kind of preformance I pay hefty taxes for. When it's proven that it was a mistake, where could i take my grievances? Or better yet, where do I go with my proof now? How can a ban (transcribed & signed) be later extended on the same grounds? 

 

Thank you

 

 

 

[maryLu 58]

There is an appeal you can file with the embassy. Have you talked with an immigration attorney? Maybe get a representative involved.  What was the 5 year ban for? Maybe you can file a waiver for him.

[fitleo 15]

4 hours ago, maryLu said:

There is an appeal you can file with the embassy. Have you talked with an immigration attorney? Maybe get a representative involved.  What was the 5 year ban for? Maybe you can file a waiver for him.

Hi,

The only thing he was told, file i601

Nothing about an appeal through the embassy

 

The 5 yr ban was working unauthorized 

[Lemonslice 4,570]

47 minutes ago, fitleo said:

Hi,

The only thing he was told, file i601

Nothing about an appeal through the embassy

 

The 5 yr ban was working unauthorized 

Did he or didn't he work?  Could you list exact dates (entry/exit) and what he did in the US back then - also any arrest, marriage, etc.

[Unlockable 7,306]

I agree with @Lemonslice. Provide exact timelines. Entry and exit dates. Was he actually working in the US at the time?

[fitleo 15]

49 minutes ago, Lemonslice said:

Did he or didn't he work?  Could you list exact dates (entry/exit) and what he did in the US back then - also any arrest, marriage, etc.

He worked legally in 2009 (an oil company that sponsored him) & never overstayed the 180 day mark (pasport stamps prove it)

 

When the market crashed n he was let go in 2010, he worked illegally but never overstayed his visa & was caught on his way back into the us and barred for 5 yrs for working unauthorized. 

 

Interestingly, this last case was never mentioned in the interview. CO clung to an alleged overstay and only answered (I don't know, that's what I have in front of me) when husband offered to check his passport. Go file I 601

 

Never arrested, never married before. 

 

 

 

[Boiler 43,622]

To comment sensibly need dates of entry/departure and details.

 

B1 is for business not work.

 

May have slapped him with Misrep as well.

[fitleo 15]

46 minutes ago, Boiler said:

To comment sensibly need dates of entry/departure and details.

 

B1 is for business not work.

 

May have slapped him with Misrep as well.

Misrepresentation of what. When ds 260 was filed all info was provided. 

 

And yes, B1 is for business,  but if that's the visa the company you worked for approves of that's how it is. Bottom line all was legal under it (when u do business u also work)

 

Oh and btw, have some tact in your commentary or refrain from it

 

Thanks

[geowrian 22,336]

17 minutes ago, fitleo said:

And yes, B1 is for business,  but if that's the visa the company you worked for approves of that's how it is. Bottom line all was legal under it (when u do business u also work)

Not really. I think you need to lookup what is and is not permitted on a B-1 visa. It is NOT considered a work visa.

 

17 minutes ago, fitleo said:

Oh and btw, have some tact in your commentary or refrain from it

Asking users to refrain from commenting is against the TOS.

[Cyberfx1024 7,978]

25 minutes ago, fitleo said:

Misrepresentation of what. When ds 260 was filed all info was provided. 

And yes, B1 is for business,  but if that's the visa the company you worked for approves of that's how it is. Bottom line all was legal under it (when u do business u also work)

Oh and btw, have some tact in your commentary or refrain from it

 

Thanks

A B1 visa usually for like Business conferences or meetings NOT actually working on that visa. So if he was working on that visa and was found out then yes it is misrepresentation. Also what are his exact dates in and out of the country?

Edited October 10, 2017 by cyberfx1024

[Unlockable 7,306]

46 minutes ago, fitleo said:

Misrepresentation of what. When ds 260 was filed all info was provided. 

 

And yes, B1 is for business,  but if that's the visa the company you worked for approves of that's how it is. Bottom line all was legal under it (when u do business u also work)

This is where you are wrong. A B1 is NOT authorization for working in the US. Like said, it is for conferences, meetings, and negotiations and such.

 

This is where you spouse may have been hit with. 

 

Link to what is permitted on a B1.

https://travel.state.gov/content/visas/en/visit/visitor.html

Edited October 10, 2017 by NuestraUnion

[fitleo 15]

19 minutes ago, cyberfx1024 said:

A B1 visa usually for like Business conferences or meetings NOT actually working on that visa. So if he was working on that visa and was found out then yes it is misrepresentation. Also what are his exact dates in and out of the country?

You're right! All the while I meant h1b for the work donewiththe company.  B1 was for other travels. Apologies. 

 

My husband has had both and traveled in and out in 2009. I'll post the dates when I get hold of the old passport.

 

The fact remains though,  if he had overstayed, wouldn't he have been denied entry next time, which he never was because he didn't overstay. 

 

Also, when he was denied entry in 2010 because yes he broke the law prior to leaving and worked illegally,  he was banned for 5 yrs and we mentioned it all,  including an additional paper attached to I 130 form and a photocopy of the whole transcription (since I wasnt sure of the order, removal or another one which I'm forgetting) and copy of visa page that was canceled in his passport

 

The question is where is the order for which according to the CO he is banned for 10 yrs? None of his visas are canceled but the one in 2010.

 

The whole point is never have either of us on any form,  including ds 260 , misrepresented his wrongdoingin working unauthorized. To the contrary, in ds 260 where they asked about it, he answered truthfully. 

 

I would also like to know if such orders can be issued postfacto, where can one access this data?

 

Thanks

 

 

 

 

[fitleo 15]

34 minutes ago, geowrian said:

Not really. I think you need to lookup what is and is not permitted on a B-1 visa. It is NOT considered a work visa.

 

Asking users to refrain from commenting is against the TOS.

I agree, and I apologize to @Boiler

 

My emotions got the best of me when misrepresentation was mentioned since as new parents the last thing we want to do is jeopardize our reunion (imagine an almost 1 yr old not being able to see dad)

 

Thanks

[Cyberfx1024 7,978]

4 minutes ago, fitleo said:

You're right! All the while I meant h1b for the work donewiththe company.  B1 was for other travels. Apologies. 

 

My husband has had both and traveled in and out in 2009. I'll post the dates when I get hold of the old passport.

 

The fact remains though,  if he had overstayed, wouldn't he have been denied entry next time, which he never was because he didn't overstay. 

 

Also, when he was denied entry in 2010 because yes he broke the law prior to leaving and worked illegally,  he was banned for 5 yrs and we mentioned it all,  including an additional paper attached to I 130 form and a photocopy of the whole transcription (since I wasnt sure of the order, removal or another one which I'm forgetting) and copy of visa page that was canceled in his passport

 

The question is where is the order for which according to the CO he is banned for 10 yrs? None of his visas are canceled but the one in 2010.

 

The whole point is never have either of us on any form,  including ds 260 , misrepresented his wrongdoingin working unauthorized. To the contrary, in ds 260 where they asked about it, he answered truthfully. 

 

I would also like to know if such orders can be issued postfacto, where can one access this data?

 

Thanks

 

If he had a H1B visa then how was he working Illegally? This is a really complicated case to say the least. Did you guys have an attorney, and why was he banned to start with? Also H1B visa holders don't just come for 6 months at a time and then leave, they come to work and live here in the USA for years at a time.

 

You need to get at the old passport/visas and show us the whole thing because something is not adding up at all. 

Edited October 10, 2017 by cyberfx1024

[Cyberfx1024 7,978]

3 minutes ago, fitleo said:

I agree, and I apologize to @Boiler

 

My emotions got the best of me when misrepresentation was mentioned since as new parents the last thing we want to do is jeopardize our reunion (imagine an almost 1 yr old not being able to see dad)

 

Thanks

I totally understand that trust me I have 4 kids myself and my youngest will be 9 months in 7 days.