Sister found inadmissible under INA 212(a)(7)(A)(i)(I), 5 year bar. waiver?

[frank19910210 65]

3 minutes ago, Boiler said:

She has visited before on a B, when and how long did she stay.

 

How long was she coming for last time.

 

She had a one way ticket? Why, returns are cheaper.

 

What does she do for a living.

 

When does she want to visit the US and for how long, to visit you?

 

She does not speak English, does she speak French?

Last stay, she stayed for almost 5 months with me and my husband here.

 

When she came to US again in July 2018, she was questioned immediately by US since they suspect her working during her last stay. As you can see, I am from Colombia, so certainly she doesn't speak French.

 

She certainly had a return ticket. But from what I know, she was brought to the CBP office immediately and the officers started to interview her. And this is when inconsistencies were found in the interview transcript.

 

The CBP even called me to confirm some information but they eventually decide to deport her.

 

[Boiler 43,433]

Well that certainly explains a lot, no point applying for a US visa to visit until he situation has stabilised.

 

To study in Canada she would need a reasonable knowledge of English or possibly French which is why I asked. Spending 5 months in the US and acquiring no English skills makes me think learning a foreign language may not be her forte and I would question the logic of studying in Canada. Maybe a country where she does not have to learn a new language?

[frank19910210 65]

23 minutes ago, Boiler said:

Well that certainly explains a lot, no point applying for a US visa to visit until he situation has stabilised.

 

To study in Canada she would need a reasonable knowledge of English or possibly French which is why I asked. Spending 5 months in the US and acquiring no English skills makes me think learning a foreign language may not be her forte and I would question the logic of studying in Canada. Maybe a country where she does not have to learn a new language?

Oh I understand why you are asking this 🤣

 

That is why she is thinking to study French by applying to a language school in Canada. Canada does have a pretty "easy" pathway to go from language school (Study permit) and eventually end with permeant residency. (Since they have more convenient immigration programs to allow you to stay in Canada longer to work after graduation which makes you eventually eligible for immigration). Especially giving the fact she can't enter US, Canada is certainly a good choice 😆

[Boiler 43,433]

I am not go at languages, barely passed my O Level in French, but when on holiday I would learn enough to get by, Spanish, Portuguese whatever. The fact that she was in the US so long suggests to me she is worse than I am.

 

She should take French if she really wants to learn French, any potential immigration consequences should be secondary, and just learning French will not lead to residency.

[frank19910210 65]

22 minutes ago, Boiler said:

I am not go at languages, barely passed my O Level in French, but when on holiday I would learn enough to get by, Spanish, Portuguese whatever. The fact that she was in the US so long suggests to me she is worse than I am.

 

She should take French if she really wants to learn French, any potential immigration consequences should be secondary, and just learning French will not lead to residency.

Yes yes, we will consider carefully befor going for anything! Thank you for your suggestion

[Canerican 242]

2 hours ago, frank19910210 said:

Last stay, she stayed for almost 5 months with me and my husband here.

 

When she came to US again in July 2018, she was questioned immediately by US since they suspect her working during her last stay. As you can see, I am from Colombia, so certainly she doesn't speak French.

 

She certainly had a return ticket. But from what I know, she was brought to the CBP office immediately and the officers started to interview her. And this is when inconsistencies were found in the interview transcript.

 

The CBP even called me to confirm some information but they eventually decide to deport her.

 

 
The reason CBP probably questioned her is most likely because of her previous 5 months in the US before July 2018. That is a significant amount of time without a job, income lost and would pretty much be a leave of absence from a job. This is probably why CBP thought that she was working in the United States even though you state that you would support during her stay. 
 

As may have been said earlier, it is always up to the immigrant/visitor to prove they do not have immigrant intent. 

[frank19910210 65]

30 minutes ago, CDN(ON)-USA(VT) said:

 
The reason CBP probably questioned her is most likely because of her previous 5 months in the US before July 2018. That is a significant amount of time without a job, income lost and would pretty much be a leave of absence from a job. This is probably why CBP thought that she was working in the United States even though you state that you would support during her stay. 
 

As may have been said earlier, it is always up to the immigrant/visitor to prove they do not have immigrant intent. 

Yes yes I totally understand. 

 

As you might have seen, I was just thinking that this might be a good idea to let Canada see that US has "forgiven" her so that she will have a higher chance getting the study permit approved (Since Canada also focuses on the fact that you will leave Canada by the end of the study, and this will be demonstrated by various factors. And a cancelled US visa certainly is not a good sign)

 

But after reading all these comments, I feel this might be very hard to get US to approve the I-212 form. I will certainly talk this over with my sister.

 

Thank you very much for your explanation.

[EM ZEE 0]

Hi frank19910210

 

I have a question, since they suspect your sister to be working during her last visit, did they press charge against you like concealing or harboring an illegal alien? It happened to my friend just recently because they think the same way. 

 

thanks!

EM

Edited October 11, 2021 by EM ZEE

[TBoneTX 43,058]

This is an older thread, and the OP hasn't logged on to VJ since May, so a reply is unlikely.

[frank19910210 65]

3 hours ago, EM ZEE said:

Hi frank19910210

 

I have a question, since they suspect your sister to be working during her last visit, did they press charge against you like concealing or harboring an illegal alien? It happened to my friend just recently because they think the same way. 

 

thanks!

EM

No, only she was in trouble. I was not being charged anything, or being investigated for any kind