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Withdrawal of Application for Admission on VWP

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Hello everyone,

 

Last year in March I wanted to visit my girlfriend at the time but my entry to US was rejected under INA section 217 212(a)(7)(A)(i)(I) which says Inadequate Documentation. However, main reason why they rejected me, because last time on VWP I said that I engaged in unauthorized employment (they kept asking, so I didn't want to lie and get ban of 5 years). 

 

Now I am close to K-1 visa interview stage and having some nervous time. So my question is, during the K-1 interview if they ask why I was rejected entry, should I say because of inadequate documentation or that because on my last trip I worked illegaly on ESTA?

 

I know that I can't lie during the interview and be honest, but saying inadequate documentation feels like not being completely honest and saying about working illegaly feels like some kind of red flag and they won't approve me.

 

I would appreciate any help or experience.

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Filed: Citizen (pnd) Country: Germany
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I think you should tell them exactly what is on the rejection paper you received.  During my K1 visa interview, I was asked why my previous visa application was denied, I just told the CO I don't know and nothing was explained to me. 

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Filed: K-1 Visa Country: Wales
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They will have your records, they are going to know,.


“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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Best be truthful , as there is an actual log of the questions asked and answers you provided. You should get a copy of that POE encounter , file a CBP FOIA . It’s free 

https://www.cbp.gov/site-policy-notices/foia

 

Although you were allowed to withdraw your application for entry without a 5 year ban , you did violate immigration law by working without authorization and it’s more than likely you will be found inadmissible and need an i-601 Waiver. 
 

If that is the case, get married , do I-130 then I-601 for better chances. 
 

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Filed: IR-1/CR-1 Visa Country: Canada
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Posted (edited)

Did you actually illegally work or did you just cave to their pressure and admitted to something that you didn't do? If you did, you will be directly asked about that, and will need to be truthful. That is on top of the withdrawal of your application for admission.

 

Edited by Kai G. Llewellyn

I-130 NOA1: 04/06/2020

I-130 NOA2: 08/11/2020

NVC IV Package Sent: 09/10/2020

NVC DQ: 09/23/2020

IV Interview @ MTL: 08/04/2021

POE: 08/09/2021

GC in hand: 12/24/2021

 

My guide on Importing a Canadian Vehicle into the US using a Registered Importer: https://www.visajourney.com/wiki/importing-dot-non-compliant-canadian-vehicles-into-the-united-states-with-a-registered-importer-r135/

 

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Filed: Other Timeline
4 hours ago, Family said:

Best be truthful , as there is an actual log of the questions asked and answers you provided. You should get a copy of that POE encounter , file a CBP FOIA . It’s free 

https://www.cbp.gov/site-policy-notices/foia

 

Although you were allowed to withdraw your application for entry without a 5 year ban , you did violate immigration law by working without authorization and it’s more than likely you will be found inadmissible and need an i-601 Waiver. 
 

If that is the case, get married , do I-130 then I-601 for better chances. 
 

Why in the world would they need an I-601? Unauthorized employment is only a bar to AOS under most circumstances, it does not trigger any inadmissibility (well unless you pretended to be a USC where you're boned and I-601 won't waive it).


Contradictions without citations only make you look dumb.

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7 minutes ago, Demise said:

Why in the world would they need an I-601? Unauthorized employment is only a bar to AOS under most circumstances, it does not trigger any inadmissibility (well unless you pretended to be a USC where you're boned and I-601 won't waive it).

Finding is for fraud/misrepresentation as per FAM. Linking a denial of just such an I-601 w rich citations.https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2012/Apr052012_01H5212.pdf ..

 

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Posted (edited)

Hello,

 

A few nights ago I was sitting in my bed and watching youtube when I came across an interesting channel. It pertains to visa officers. This in particular one I am pasting worked as an officer for like 20 years IIRC. https://www.youtube.com/watch?v=VwyHGb-oc64&t=3309s

 

 

What I am getting at is these people are trained professionals and know how to ask questions. So if you versed back exactly what the paper says they are going to want more detail. Being evasive isn't going to work. Whatever you initially told them you will likely want to stick to IMO. I haven't looked into the particulars of this case but I will say this: I petitioned for my wife then fiance about 12 years ago and filed a  I-601(over stay). To prove hardship was extremely difficult, and looking back at it I probably got lucky winning the waiver.  These officers are giving a lot of power, if I were you I would try to control the narrative of the interview to the best of your ability without over speaking and by sounding authentic. You're going have to sell yourself as you are your only advocate here. Make sure you make your intent of your initial visit known. Which was for "tourist" purposes (visiting family, sight seeing, etc.)

Edited by SkolVikes

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Filed: K-1 Visa Country: Wales
Timeline

I going to disagree and I have been through London and being nosy watched others being interviewed 

 

There will be a lot of shuffling of papers and a few questions, certainly be open and friendly but you do not control the interview sic and you certainly do not want to raise anything.

 

As an aside most well prepared waivers are approved.

 

The old adage is do you know the time?

 

Answer is yes or no 


“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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Filed: Citizen (apr) Country: Ghana
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Posted (edited)

Don’t volunteer anything. If they ask direct answers answer honestly. However from what you’re saying you don’t know for certain why you were denied entry so no need to tell them it was for unauthorized work. Stick to what’s the paperwork, nothing more.

 

The onus is on the consular officer to go and dig if he/she is so inclined. Unfortunately honestly in these situations CR1 is better, consular has much more latitude to deny the K1 and sometimes in such situations they kick the can down the road by refusing you and waiting for you to come back if/when you get married.

Edited by African Zealot

sᴛᴏᴘ sᴀᴄʀɪғɪᴄɪɴɢ ɪɴɴᴏᴄᴇɴᴛ ᴀᴍᴇʀɪᴄᴀɴ ᴄʜɪʟᴅʀᴇɴ ᴛʜʀᴏᴜɢʜ ɢᴜɴ ᴠɪᴏʟᴇɴᴄᴇ ᴀᴛ ᴛʜᴇ ᴀʟᴛᴀʀ ᴏғ ᴀɴ ᴀᴍᴇɴᴅᴍᴇɴᴛ!


ᴀ ᴄɪᴛɪᴢᴇɴ ᴏғ ᴛʜᴇ ᴡᴏʀʟᴅ 

 

 

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Filed: Citizen (apr) Country: Ecuador
Timeline
42 minutes ago, Cathi said:

truthfully

This is the core of the matter.  Do not LIE.


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(!).

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9 hours ago, Demise said:

Why in the world would they need an I-601? Unauthorized employment is only a bar to AOS under most circumstances, it does not trigger any inadmissibility (well unless you pretended to be a USC where you're boned and I-601 won't waive it).

Correct. I'm pretty sure I don't need a waiver and as I checked I-601, my mentioned section doesn't fall into categories who need to file it for AOS as well. But AOS is later, now need to focus on K-1 interview.

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