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Dovydas

Withdrawal of Application for Admission on VWP

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19 hours ago, Dovydas said:

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.

You realize they have access to the notes from this event, right?   Tell the truth.

 

And btw, "inadequate documentation" does refer to working.  You worked without the document authorizing the right to work.

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9 hours ago, Dovydas said:

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.

The inadmissibility finding will be based on your admission which is on record . Because they allowed you to withdraw, “ your section “ just means there was no ER ( expedited removal) requiring I-212 permission to re apply. 
Get your FOIA and consult an immigration attorney because you will need the help..specific to DOS / FAM 

https://fam.state.gov/fam/09FAM/09FAM030209.html

 

https://cliniclegal.org/resources/ground-inadmissibility-and-deportability/dos-adopts-new-ninety-day-rule-determinations

 

 

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Filed: K-1 Visa Country: Wales
Timeline

He has not been interviewed yet.

 

Nothing remiss has happened and not the first to go through this.

“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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11 hours ago, Dovydas said:

 

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.

Make sure you have plenty of proof to verify that is a genuine relationship and good luck!

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