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traveler_me

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  1. We have not filed anything yet. Lawyer we met with said he can challenge the determination directly and reverse it. Lawyer has had 90% success rate with those found inadmissable, which is our case. Not according to https://messersmithlaw.com/. Lawyer said our case would be easier to overturn because of fabricated questions and answers. This is what one lawyer told us, but this other lawyer from messersmith law firm who we met with last week said its very possible to argue the judgement was made in error primarily because she was not working for a US company and she was getting paid directly into her bank account, and working very few hours. He also said the transcript we got was "embarassing" for the CBP office because of the bad english and grammar on the transcript, and that this would strengthen the case. Lawyer has claimed 90% success rate with cases like ours, and even has seen success for worse cases than ours. Lawyer said time to overturn can be anywhere from 1 month to 6 months vs. a waiver taking a year or more. The amount of answers on this thread that are unrelated to the question is alarmingly high. We cannot pay the lawyer fees, so the only option we see right now is a Go Fund Me. When answering, please keep to the topic, which is how a Go Fund Me campaign could affect the process. My only suspicion is if the government would check into our facebook posts etc. and then see our go fund me campaign w/ negative experiences with CBP and then they make a frivolous decision to deny any app based on our negative account being told to the world.
  2. Long story short, my wife attempted to enter the US with me and received the 5 year ban; she came on a tourist visa and we intended to stay shortly. The judgement was based on fabricated answers from the transcript, saying she worked for a US company. She did not work for a US company. We have talked with an immigration lawyer and he indicated chances are high that I can challenge the travel ban and reverse it, without the waiver. Primarily because of the crazy transcript. The cost is way too much for us to afford at the moment. I'm not interested in discussing details of our case. My main question is would a go fund me campaign mentioning details of our case (fabricated answers and questions, bad english from CBP officer on transcript, experience being detained, harsh treatment, etc.) be damaging in our process? I.E. would the government look at it negatively in any way? We want to lift the ban and move back to the US and obtain a green card and citizenship.
  3. I was thinking that "misrepresentation" was on the part of the officer, not my wife. My wife never once admitted for working for the US company, yet the transcript says she did. She only said she was planning on working remotely for a project in Lebanon. Then they asked, "who pays you?" Then she said that the US company does since it's an outsourced service for handling project funds raised by the missionary in Lebanon. Her work was not for the benefit of the US company. Her boss is classified as an Independent Contractor for that company, and she is a "foreign vendor". I think because of the uniqueness of this setup, the officer capitalized on the opportunity and intentionally twisted of the transcript in order to keep her out for another reason. Lawyers said the reason was fear of her obtaining citizenship thru adjustment of status. We were already married upon arrival and they knew that If this is true, do you think that the transcript answers with the 5 year bar will affect a future decisions? Transcript does not have appearance of misrepresentation, but as if she basically told the officer, "I worked in the US the last time I was here (true) I want to work for a US company now (fabricated) and I want to potentially stay indefinitely in the US (fabricated)." There was no changing minds and opinions on her answers. I'm just somewhat worried that what happened would affect our chances later when we apply for the spouse visa. I also don't know if they will ask, "Why did you get your 5 year ban?" If we presented those papers we think it will help. Would an interview for spouse visa involve going over the 5 year ban, and/or would the ban affect their decision?
  4. What do you mean by this statement? I can clarify circumstances if needed, so you can say exactly what is needed. I can give multiple examples from the transcript. For example a question was, "What kind of work do you do for **name of U.S. company**?" The answer was: "I'm a contractor. I do **x** and **y** for **name of U.S. company**." She explicitly stated in the interview that she did not work for this company. The above quote is verbatim from the transcript, except the starred details to keep info private. There are other ones that are worse; for example an answer stating she was planning to visit the US company; she explicitly stated she did not plan on visiting the company. Other questions regarding the US company have "yes" as her answer when "no" was her answer. All of these establish an exaggerated intent to work for the US company. To reiterate, she worked for a project in Lebanon, and that US company routed the funds raised by the missionary (who is in lebanon) to her. Another answer established intent to stay in the US indefinitely: "What is your specific intent in the United States on this entry?" Transcript answer: "I'll stay here with my husband and get marriage cousin with him." Verbatim from the transcript, and this is not what she said; the time frame was left out of her answer. Also, note the incompetent english from the officer. Would the above examples classify as "misrepresentation"? What is the significance of misrepresentation? As far as evidence is concerned, we can get an official signed document from the US company that my wife was not an employee, or a contractor. Also upon entry we had an official signed document from our church stating our intent was for marriage counseling and training from the church. Do you think that the church's paper and a paper from the US company would be important to have when interviewing? What are "material" claims? With regard to when she is interviewed, is this interview you are referring to the spouse visa interview, or is there an interview involved with form I-212? Main reason for reluctance is because if the waiver is denied, we have to start the whole process over and we lose all the money we spent. We could not afford to lose that much money for our current situation, and it's possible an attempted application that failed could hurt further chances down the road.
  5. geowrian, thank you for directly answering my questions; until this point no one on this thread has addressed the questions. Are you absolutely positive Form I-212 waives the 5 year ban? I spoke with 2 lawyers on the phone, 1 through a long and thorough email thread, and 1 in person consultation (maybe he wasn't a good lawyer? only 50$ for 1 hour). Not one lawyer mentioned that Form I-212 waives the ban. How are you sure that this is the case? With regard to other posts, my wife overheard the entire interrogation of a man who came to work on a tourist visa for a concert. They let him in to work on a tourist visa. She saw them searching through all his sound equipment. Perhaps this work is allowed for B1/B2 visas? You can go back and read my earlier post; I never said "she planned to work illegally". We both did not know it was illegal at the time, she got in the airport and said she was planning to work remotely while on her stay, and that her and her husband were planning on getting counseling and training through our church. I also didn't say "a bunch of people" were let in. Refer to above paragraph stating that a man was let in on a tourist visa and she overheard the whole thing. Also, can you back up your claim that "any good lawyer can get a waiver through"? We had contact with a distinguished lawyer in LA with a proven record and multiple awards who stated that it is not possible to guarantee the waiver will get through.
  6. Our intent originally was not to "move back". She may have said "we are moving to the US temporarily", however she presented her return flight back to lebanon as well as a paper from an non-profit organization (church) stating we do not intend to move back but to come back to get temporary training. We are aware that they were within the law to send her back more because of her work situation however. This is still unfortunate because other people in this Point of Entry who were there to work while on a tourist visa were allowed in to the US, yet she was detained for 4 hours and was just waiting; in that time many people who were lying and also clearly telling officers their intent to work in the US were allowed in. Then the process took another 24 hours before she went back. Currently we intend to setup a life back in the US together, so we know the spouse visa process, which we will do but we don't know which time. According to lawyers however, the waiver mentioned above will only be granted for "extreme hardship" reasons for me as the US citizen. In other words I would have to prove somehow my health is in danger, I am at a financial crisis, etc. These must be genuine, and we wouldn't have any extreme hardships. This is why lawyers said to wait until the 5 years are over. Also, if the waiver is denied, then we would forfeit the whole spouse visa application process and have to start over. My questions are more about these below: Why did the CBP officer say she can reapply anytime for a spouse visa if he is the one who gave the 5 year ban? Why do the papers say we must "apply to reapply for a visa before travel to the US within the 5 year period" if there is a ban in the first place? Lawyer said mentioning fabrication of evidence in a spousal visa application doesn't matter; future CBP officers who review our case won't care.
  7. I'm a US citizen, my wife is a lebanese citizen. We were living in Lebanon (where we were married) and attempted to move back to the US December 2019. We had not filed for the spouse visa since we were only planning on staying in the U.S. for 6 months. My wife was denied entry and returned back to Lebanon. Reasons for denial: she planned on working remotely while in the U.S. She was a freelance editor/translator for a project based in lebanon funded by an American missionary. She did not lie to the officer about anything, and we didn't know at the time this was illegal for her to do. The citation however was not based on the illegality of working, it was based on the fact she didn't "qualify as a tourist" or something like that. She was given a 5 year ban. Many answers on her transcript of questions from the CBP officer were fabricated and had additional information added to make it seem like her intent was to stay indefinitely with me, and that she wanted to work for a US company and even to visit the US company she worked for (she didn't work for a US company, and never said she wanted to visit the company). Her signature was taken at the airport to prove "she gave her statement" and then was applied to the whole transcript affirming that she "has read all answers and confirm that the above information is true and correct". She didn't sign the papers; in fact she was only allowed access to the papers after she left the country. I reached out to multiple lawyers, and met with one in person. One lawyer said the real reason was she intended to work in the US. 3 others said that the real reason wasn't the work, but the fear of her attempting to stay in the U.S. According to the lawyer I met with, the citation given stated she was found to be "indamissable" because she didn't have the right visa upon entry; she needed a different one. All lawyers said best practice is to wait 5 years until the ban is up before reapplying for entry. there are other things however that are confusing us. Here's where my confusion lies: 1. The supervisory CBP officer assigned to her case told her in the airport that she can apply anytime for a Spouse visa to come back. Yet, 2. The judgement says she is prohibited to enter, attempt to enter, or being in the US for 5 years. 2. The lawyers said best practice is to wait 5 years to reapply, 3. The papers with her judgement on it indicate that she must reapply for permission to reapply before the 5 year period is over, and that this must be done "before commencing travel to the US". If it's supposed to be done within the 5 year period AND before commencing travel to the US, how can the 5 year ban be applied? It seems like we are banned for 5 years and also told to apply for permission to reapply and travel back to the US before the 5 year period. So we have the lawyers saying to apply after 5 years, the paper saying apply for permission to reapply before 5 years, and the CBP officer saying she can apply right now for the spouse visa. We. Are. Confused. Can anyone speak into this situation?
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