Denied entry at SEATAC & B1/B2 Visa Revoked - What Next?

[SalishSea 16,885]

44 minutes ago, Mwamba said:

Another question:

WRT her passports, because the passports were marked with "Revoked Visa", do you recommend that they get new passports? Someone mentioned that it may be a good idea to get new passport that have no markings.

 

Mwamba

Dude.  All of these fraudulent/evasive actions you are proposing do not bode well for your ability to get an immigrant visa for your girlfriend.  Also, it reinforces stereotypes of your country/consulate being high fraud, and makes it harder for people coming behind you who seek legitimate immigration benefits.   Trying to "get away" with something can really backfire on you, including denaturalization should you ever become a US citizen.

[SalishSea 16,885]

3 minutes ago, African Zealot said:

Technically I am the pope, I am just waiting to finalize it. 😆

😅

 

Yes,  Your Holiness.

[retheem 553]

3 hours ago, Mwamba said:

On March 23rd, 2022, my girlfriend, Emily, and 2 children (from a previous marriage) landed at SEATAC airport, and they were denied entry into the USA. They spent about a day (overnight at a local hotel) and were sent back to Kenya. The reason given by the immigration officer is that there was intent to stay and live in the USA rather than to visit - suspicions of malicious intent or suspected of overstaying their visa. The officer confiscated her phone and read messages that Emily and I had shared about our plans to get married in the USA and to start a family. We had even setup an appointment with a lawyer during the first week of her arrival. All this was used as the basis to deny her entry into the USA. During the hours they were locked at the airport, I tried all I could to get them into the USA without success. I reached out to my local representative here in Olympia, WA but she said she could not help unless they were in the USA in one way or the other - she even hinted if they could get arrested into the USA, she might be able to help but as long as they were "outside" the USA, her hands were tied.

I have attached copied of the documents that were given to Emily (including form I-275) and what was marked into her passport. The kids' passports were also marked the same - with the revocation note & the other markings you see.

Anyway, that is the background of what I'm actually wanting to ask.

I have been thinking of the quickest way to get Emily and the kids here. FYI, the kids are 15 years & 12 years. We are not yet married.

I have been thinking of doing the follow:
1. Find a country where they don't have visa requirements for Kenyans to enter - I found Barbados.
2. Go there (in this case Barbados) and get married officially.
3. Make an application at the local USA Embassy in that country for a Fiancée Visa to the USA. FYI, I am a Permanent Resident of the USA (I have Green Card category IR6 expiring in Feb 2024). I plan to apply for citizenship next year in May/June.
4. Get Visa in that country for all of them - Emily & the 2 kids.

Please let me know if this plan can work. Or if there is a better way, something I can do to get my family here. I'm looking for the fastest way and most cost-effective way to get them from Kenya into the USA.

FYI, Emily is divorced in Kenya - she has all the divorce documents. I'm also divorced here in USA. Let me know if you have any questions. 

I just want to bring my new family to USA and for us to start living together. 

Thank you all for your time and advice.

Mwamba
 

On March 23rd docs.pdf 443.33 kB · 22 downloads

Marry and file I-130 asap.  @Timonayou never told me that people can be anything technically, pending officializing lol.

Edited July 28, 2022 by retheem

[beloved_dingo 1,939]

Why is this the 2nd thread I've seen today where a lawyer told someone to commit visa fraud! Even the same "wait 60 days" advice. In many cases I'd say "trust a lawyer" over advice from random strangers on the internet. But VJ is the exception. 

 

@Mwamba Lots of great advice here for you, and I wish you and your future wife well going forward. Stick with what you learn here and you'll be fine! 

[Ontarkie 13,957]

~~One post removed.  It is English only in the main forum, so please keep all comments in English. Also do not post any type or personal information at all on VJ. Anyone can read the forums and some do not have the best intentions.~~

[Timona 3,970]

1 hour ago, Mwamba said:

Another question:

WRT her passports, because the passports were marked with "Revoked Visa", do you recommend that they get new passports? Someone mentioned that it may be a good idea to get new passport that have no markings.

 

Mwamba

 

Forget those Archives Nairobi geniuses. You'll end up in more murky waters. 

 

In short, toss anything our countrymen tell you that involves trying to circumvent US laws or any law. You will be caught while they'll be drinking at Java Koinange St.

 

Just follow the law

[Mwamba 25]

29 minutes ago, African Zealot said:

There are no technicalities involved her. Keep it simple and what is on paper. Technically I am the pope, I am just waiting to finalize it. 😆

 

The lawyer not only needs to refund your money, she needs to rewrite the board exam and sign on to VJ as an unpaid intern for one year before giving advice on immigration. That 30/60 day rule by Department of State in any case has been replaced by a stricter 90 day rule. In any case USCIS are not bound by DOS rules and they state that explicitly although they indicate it is an analytic tool.  Additionally, she also actively asked you commit fraud.

 

 

You've received excellent advice here, good luck.

@African Zealot Indeed! Excellent advice. I think we'll be OK. Thanks for the good luck wishes!!!

 

Mwamba

[SusieQQQ 11,585]

39 minutes ago, Jorgedig said:

Also, just FYI:  getting new passports does not "erase" a person's travel or immigration history.  CBP writes copious notes in the computer files, which will then be visible to the department of state.

Exactly - the electronic record is there forever 

plus

being refused entry for immigrant intent has zero impact on being granted an immigrant visa. Of course it would be a problem if they attempted any future non immigrant visas.

[Mwamba 25]

I wanted to post this here as it was the numbers that were entered on their passports - for others maybe who can: 212(a)(7)(A)(i)(I) Inadequate Documentation | Visarefusal:

 

212(a)(7)(A)(i)(I) Inadequate Documentation

This section of the immigration law is rather simple. And on its face, standing alone, seems innocuous. Invoked by the airport or land border Customs and Border Protection (CBP) inspector, a visa holder denied entry to the US under this provision is usually being advised: “You do not have the proper visa, so I am revoking your current visa. Go back to your home country and receive a different type of visa.” Or for visa-free entrants under the Visa Waiver Program (VWP), the CBP inspector is in essence advising: “You are not a valid candidate as a visitor under the Visa Waiver Program. You need to apply for an appropriate visa.” But often unspoken are the real-world consequences of such a decision.

Firstly, if the CBP inspector subjects a visa holder to expedited removal, this decision carries a 5-year bar to entering the United States. If the CBP inspector decides that the visa holder or Visa Waiver Program entrant committed fraud or a material misrepresentation, that finding is a permanent bar. The respective articles on this website and professional legal assistance should be referred to promptly after such a decision.

If only a Section 212(a)(7)(A)(i)(I) decision was made, this usually means that the individual was allowed to withdraw his application for entry. The CBP inspector permits this when the individual made an innocent mistake, did not intend to purposely violate US laws, or answered the questions of the inspector honestly. The inspector revokes the visa by physically cancelling it under Section 22 CFR 41.122(e)(3). The overwhelming majority of these cases relate to holders of B visitor visas or visitors entering under the VWP who, in the view of the CBP inspector, plan to study, work, get married, indefinitely stay, or otherwise remain in the US. But in making this decision, the inspector is informing the US consul in the person’s home country: if we had not stopped this person, there was going to be a violation of law. This black mark will accompany the applicant the next time he/she applies for a visa.

If the individual had previously received a visa, then the consul will revisit the information indicated in the previous visa application. Did the applicant indicate in that application that he or she was planning to visit grandma for two weeks, stayed for five months, and then tried to return again after a week outside the US? This may call into question the applicant’s original intent when he or she applied for a visa. If the consul finds that there was a willful, material misrepresentation — regardless of whether the CBP inspector did or not — then a permanent bar could be handed down.

If not, the applicant will need to prove his/her qualifications for the visa. By staying for a long period of time in the US, the consul may decide that any tourist or student visa application should be denied under 214(b) so that the applicant can “re-establish” ties to the home country. Before applying for a work visa, a job offer must be secured or arranged or a business must be opened and usually, a petition must be filed with USCIS and approved. H-1B visas for professionals are limited in number and not easy to come by. H-2B visa applicants are also subjected to a “ties” analysis by the consul. E, L, O, and P visas are similarly hard and time-consuming to obtain. If the applicant has a US citizen “significant other” in the US, then a fiancée or marriage visa can be obtained after a process that can take a year or more.

Needless to say, even when the CBP inspector does not make an expedited removal or misrepresentation decision, a 212(a)(7)(A) finding alone has serious consequences. Contact us to discuss your situation.

[Mwamba 25]

5 minutes ago, SusieQQQ said:

Exactly - the electronic record is there forever 

plus

being refused entry for immigrant intent has zero impact on being granted an immigrant visa. Of course it would be a problem if they attempted any future non immigrant visas.

Makes perfect sense! Great advice here!!!

[Mwamba 25]

34 minutes ago, Ontarkie said:

~~One post removed.  It is English only in the main forum, so please keep all comments in English. Also do not post any type or personal information at all on VJ. Anyone can read the forums and some do not have the best intentions.~~

@OntarkieNoted with thanks! 

[Mwamba 25]

1 hour ago, beloved_dingo said:

Why is this the 2nd thread I've seen today where a lawyer told someone to commit visa fraud! Even the same "wait 60 days" advice. In many cases I'd say "trust a lawyer" over advice from random strangers on the internet. But VJ is the exception. 

 

@Mwamba Lots of great advice here for you, and I wish you and your future wife well going forward. Stick with what you learn here and you'll be fine! 

@beloved_dingo Thanks!!! You bet - I'm sticking with the advice given here.

[JeanneAdil 6,249]

3 hours ago, Timona said:

Get your refund from that lawyer who advised you to come with intent to adjust. @Mwamba

they don't give refunds

but don't continue the process with him and pay out anymore money

 

[JeanneAdil 6,249]

just marry in Kenya in October

u can't start the spouse visa till u consummate the marriage on that visit so there is no point in trying to hurry-it -up  by doing the Utah zoom

[Mwamba 25]

11 minutes ago, JeanneAdil said:

just marry in Kenya in October

u can't start the spouse visa till u consummate the marriage on that visit so there is no point in trying to hurry-it -up  by doing the Utah zoom

@JeanneAdil Yap, that's the plan now. Thanks!