Jump to content
Trafton

5 year ban

By Trafton in Tourist Visas

 Share

13 posts in this topic

Recommended Posts

Trafton Newbie

Trafton   0

Posted
Timeline
Posted

I live in Thailand and returned to visit the US with my gf for vacation. She is Thai with a tourist visa. At the airport, they accused her of lying about the trip and banned her for 5 years. She did not lie about visiting and even had a return ticket. We are very baffled and confused as to what happened. The lady at immigration was extremely set on sending her back. I went into this situation naive and didn't know this could happen. What a wake up call. 

 

Is there any way to fix this?  We are both heartbroken. She was going to my sister's wedding and we really wanted to see my nephew. We had planned this for months. 

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,212

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

There is an I 212 waiver for being Deported, are you looking at a Fiancee or Spousal visa?

“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.”

Link to comment
Share on other sites
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

Hi,

 

Unfortunately, fixing this will not be easy.


With a 5 years ban, it seems that your girlfriend went through expedited removal.  Most likely for immigrant intent.  

Her current visa has been revoked.

The only way for her to get another visa is to either wait for the 5 years ban to be up or for her to file for a waiver.  

Best of luck.

Link to comment
Share on other sites
Trafton Newbie

Trafton   0

Posted
Timeline
  • Author
Posted
9 minutes ago, aaron2020 said:

Hi,

 

Unfortunately, fixing this will not be easy.


With a 5 years ban, it seems that your girlfriend went through expedited removal.  Most likely for immigrant intent.  

Her current visa has been revoked.

The only way for her to get another visa is to either wait for the 5 years ban to be up or for her to file for a waiver.  

Best of luck.

 How crazy this is! Thank you for the information. Would hiring a lawyer help in this situation? Anybody know the chances of getting a waiver are?

Link to comment
Share on other sites
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted
13 minutes ago, Trafton said:

 How crazy this is! Thank you for the information. Would hiring a lawyer help in this situation? Anybody know the chances of getting a waiver are?

It's not crazy.  Plenty of people have used their non-immigrant visitor visas to come to the US with the intent to immigrate.  While this may not have been your girlfriend's intention, there are plenty of girlfriends who have used their visitor visas to immigrate to the US.

The right lawyer may help.  No one can tell you what any one individual's chances of getting a waiver are.

 

https://www.uscis.gov/sites/default/files/document/forms/i-212instr.pdf

 

Where's your girlfriend right now?

Link to comment
Share on other sites
Boiler Grand Master

Boiler   45,212

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
15 minutes ago, Trafton said:

So even if she had her visa revoked she can apply for this?

Most infractions there is a waiver for including deportation.

“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.”

Link to comment
Share on other sites
SalishSea Grand Master

SalishSea   17,689

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
6 hours ago, Trafton said:

 How crazy this is! Thank you for the information. Would hiring a lawyer help in this situation? Anybody know the chances of getting a waiver are?

Unfortunately, even if she did not have immigrant intent this trip, plenty of her fellow Thais have, and that ruins things for others.  Best bet is for you to now travel to her, or to petition her for an immigrant visa, if  you want her to live in the US.

Link to comment
Share on other sites
SusieQQQ Grand Master

SusieQQQ   11,586

Posted
Filed: Citizen (apr) Timeline
Posted

Were you present during the interview? 5 year ban usually means misrepresentation of some sort, not just suspicion of immigrant intent. Most people afaik if immigrant intent is suspected just get refused entry, not handed a ban. 

Link to comment
Share on other sites
Crazy Cat Grand Master

Crazy Cat   41,542

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)
11 hours ago, Trafton said:

She's currently in Thailand doing mandatory quarantine for 14 days. This was not our intent and we would have gotten a different visa if it was. 

By law, anyone requesting entry into the US is presumed to have intent to stay in the US.  This sounds like an expedited removal, which carries a mandatory 5 year ban.   Unfortunately, this will not be fast or easy to fix.  I would, at least, speak to an attorney to weigh the options.  

Edited by Lucky Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Link to comment
Share on other sites
Puneetashley Apprentice

Puneetashley   20

Posted
Filed: IR-1/CR-1 Visa Country: India
 Timeline
Posted
18 hours ago, Trafton said:

I live in Thailand and returned to visit the US with my gf for vacation. She is Thai with a tourist visa. At the airport, they accused her of lying about the trip and banned her for 5 years. She did not lie about visiting and even had a return ticket. We are very baffled and confused as to what happened. The lady at immigration was extremely set on sending her back. I went into this situation naive and didn't know this could happen. What a wake up call. 

 

Is there any way to fix this?  We are both heartbroken. She was going to my sister's wedding and we really wanted to see my nephew. We had planned this for months. 

5 year ban is big thing. People who get 5 year ban mostly who worked in usa while having tourist visa or other big things. There is no way they give 5 year ban just because she was lying. I see so many people get refused entry if they have spouse ,fiance or boyfriend. Is there something else too you want to share with us. 

Link to comment
Share on other sites
  • 10 months later...
TBoneTX Grand Master

TBoneTX   44,957

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

A recent post was split from this now-closed thread into its own topic in this forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...