J1 Visa revoked at customs. What are my options?

[connormcguigan 0]

1 minute ago, SusieQQQ said:

 

A coach can also get a visa as O2 or P2 to support a specific athlete who has been granted an O1 or P1 visa.

 

This is the type of visa I would be working. The director of the facility would be the 01.  Thank you for sending this!

[SusieQQQ 11,584]

7 minutes ago, connormcguigan said:

This is the type of visa I would be working. The director of the facility would be the 01.  Thank you for sending this!

The director is an athlete that you need to coach?

Anyway I guess you will have immigration guys working on it, but again, your past may well be a problem in getting the visa.

Edited July 3, 2019 by SusieQQQ

[connormcguigan 0]

1 minute ago, SusieQQQ said:

The director is an O1 athlete that you need to coach?

More or less but not really. It is a roundabout way of a facility bringing in foreign coaches. I have seen it before in the facility which my cousin worked in that I helped out on my ESTA. The facility owner is the O1 and has a number of spaces for O2's that they can bring in. I now understand all of it based on what you sent

[jan22 2,898]

26 minutes ago, connormcguigan said:

More or less but not really. It is a roundabout way of a facility bringing in foreign coaches. I have seen it before in the facility which my cousin worked in that I helped out on my ESTA. The facility owner is the O1 and has a number of spaces for O2's that they can bring in. I now understand all of it based on what you sent

The odds of you getting a visa to go back and work at the place where you worked on a couple of trips in violation of your admittance status (visitor) are almost non-existent.  With any vIsa application, the CO will have to determine if you made a material misrepresentation during  a visa interview or at the Port of Entry.  The answer to that is, "Yes, you did" -- most likely at both.  Discussing your plan to work prior to entering the US and then applying to enter as a visitor for pleasure via ESTA is misrepresentation -- especially the second time you did it, since the first time you could claim you were thinking about it, but weren't sure you were really going to.  Clearly, the second time you knew what you were going to do.  Lying about it during your J1 visa application is even more clear as a material misrepresentation, since the visa would almost certainly not been issued if you had told the truth.  There is a lifetime ban on all visa categories for fraud/misrepresentation.  While there is generally a waiver of the ban available -- albeit it a slow process --  most likely it would not be waived until some time has passed after such a recent nisrepresentation.  

 

The whole arrangement for the O2s sounds shaky anyway -- the purpose of an O2 is to support a specific athlete in an event/performance, not to support a director of a program; he cannot assign you to any other athlete to coach -- only him. And, it can't be used to coach a team or conduct a soccer class/seminar.   I, personally, would not put my trust in what anyone says about getting me a proper work visa when I know the person hires undocumented (i.e., no work authorization) workers as he did you on ESTA.  Just my opinion....

[josue818 20]

Where you allowed to withdraw your request for admission into the United States or did you receive and expedited removal? I know the IO said you did not have a ban, but I would make sure s/he did not issue and expedited removal because if s/he did, then the embassy will not consider any type of applications for five years.

 

*this is not legal advice only legal information.

[connormcguigan 0]

27 minutes ago, jan22 said:

The odds of you getting a visa to go back and work at the place where you worked on a couple of trips in violation of your admittance status (visitor) are almost non-existent.  With any vIsa application, the CO will have to determine if you made a material misrepresentation during  a visa interview or at the Port of Entry.  The answer to that is, "Yes, you did" -- most likely at both.  Discussing your plan to work prior to entering the US and then applying to enter as a visitor for pleasure via ESTA is misrepresentation -- especially the second time you did it, since the first time you could claim you were thinking about it, but weren't sure you were really going to.  Clearly, the second time you knew what you were going to do.  Lying about it during your J1 visa application is even more clear as a material misrepresentation, since the visa would almost certainly not been issued if you had told the truth.  There is a lifetime ban on all visa categories for fraud/misrepresentation.  While there is generally a waiver of the ban available -- albeit it a slow process --  most likely it would not be waived until some time has passed after such a recent nisrepresentation.  

 

The whole arrangement for the O2s sounds shaky anyway -- the purpose of an O2 is to support a specific athlete in an event/performance, not to support a director of a program; he cannot assign you to any other athlete to coach -- only him. And, it can't be used to coach a team or conduct a soccer class/seminar.   I, personally, would not put my trust in what anyone says about getting me a proper work visa when I know the person hires undocumented (i.e., no work authorization) workers as he did you on ESTA.  Just my opinion....

It would be a different organisation under the O visa. But I do understand that the misrepresentation on the visa. However I was not given a ban but I do intent to allow for some time before applying for any non-immigrant visas.

[SalishSea 16,769]

1 minute ago, connormcguigan said:

It would be a different organisation under the O visa. But I do understand that the misrepresentation on the visa. However I was not given a ban but I do intent to allow for some time before applying for any non-immigrant visas.

Have you read much about O visas?  I really don't think they are intended for the purpose for which you want to apply.  And I very much doubt you will get a B visa since you worked illegally on the ESTA.

[connormcguigan 0]

21 minutes ago, josue818 said:

Where you allowed to withdraw your request for admission into the United States or did you receive and expedited removal? I know the IO said you did not have a ban, but I would make sure s/he did not issue and expedited removal because if s/he did, then the embassy will not consider any type of applications for five years.

 

*this is not legal advice only legal information.

"You will be allowed to withdraw your application for admission to the united stated and you will have to obtain a new visa issues by a US embassy for future if you wish to travel to the united states". That is that wording of my interview transcript.

[connormcguigan 0]

1 minute ago, Jorgedig said:

Have you read much about O visas?  I really don't think they are intended for the purpose for which you want to apply.  And I very much doubt you will get a B visa since you worked illegally on the ESTA.

I have not as I am not certain that it is this Visa. Further discussion have still to be had with the employer if was able to accept his offer. I do understand that at least for a pro-longed period of time I will not be accepted for a B visa however.

[SusieQQQ 11,584]

1 hour ago, connormcguigan said:

More or less but not really. It is a roundabout way of a facility bringing in foreign coaches. I have seen it before in the facility which my cousin worked in that I helped out on my ESTA. The facility owner is the O1 and has a number of spaces for O2's that they can bring in. I now understand all of it based on what you sent

Huh, so you were "helping out" (aka, working illegally) at a place that also sponsors work visas? Wonder what will happen when they put 2+2 together in your visa application.  

[SusieQQQ 11,584]

7 minutes ago, connormcguigan said:

I have not as I am not certain that it is this Visa. Further discussion have still to be had with the employer if was able to accept his offer. I do understand that at least for a pro-longed period of time I will not be accepted for a B visa however.

You have no greater chance of being accepted for any other non-immigrant visa than a B visa imo. You don't get away with working illegally in the past because you want to work legally now ... which is basically the message you should have taken on board when you were denied entry on your J visa.

[connormcguigan 0]

3 minutes ago, SusieQQQ said:

You have no greater chance of being accepted for any other non-immigrant visa than a B visa imo. You don't get away with working illegally in the past because you want to work legally now ... which is basically the message you should have taken on board when you were denied entry on your J visa.

I understand that. This is why I asked the forum. I knew I would have minimal chance of being accepted for a B visa given my circumstances. But was looking for more opinions on whether I could be accepted for a work visa as the CO had explained I could apply again.

[SusieQQQ 11,584]

33 minutes ago, connormcguigan said:

I understand that. This is why I asked the forum. I knew I would have minimal chance of being accepted for a B visa given my circumstances. But was looking for more opinions on whether I could be accepted for a work visa as the CO had explained I could apply again.

You can always apply. You will be answering yes to the following questions (I’m not sure how they are specifically phrased now but you’ll get the idea)

- have you ever worked illegally/violated the terms of your US visa

- have you ever lied to gain an immigration benefit (yes, a non immigrant visa like your J falls under this)

- have you ever been refused entry by a US immigration official at the border 

- have you ever had a visa revoked (I’m assuming this happened with your J, hence why he told you to apply again)

 

I get the impression you don’t really have any idea how seriously the US takes these issues, especially the willful misrepresentation issue. Rather than coming away with a visa, you may come away with a ban. 

[geowrian 22,335]

Good luck. It's going to be needed. There's a very potential material misrepresentation bar, which carries a permanent (waivable) bar on any visa.

Edited July 3, 2019 by geowrian

[SusieQQQ 11,584]

FYI (and to be clear, being inadmissible means you are banned from entry)

in my non legal reading, the false statement you made and signed to on your J visa application meets all of the following ... as I think it was jan22 explained previously 

 

B. Willful Misrepresentation

Inadmissibility based on willful misrepresentation requires a finding that a person willfully misrepresented a material fact. [2] For a person to be inadmissible, the officer must find all of the following elements: 

• The person procured, or sought to procure, a benefit under U.S. immigration laws;

• The person made a false representation; 

• The false representation was willfully made; 

• The false representation was material; and

• The false representation was made to a U.S. government official, generally an immigration or consular officer. [3] 

If all of the above elements are present, then the person is inadmissible for willful misrepresentation. 

 

https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-2