Lifetime Ban From the US - Now what

[LAS8188 0]

Hi All!

Thank you so much for all of your responses. I'm extremely new to this and didn't expect such a strong response so quickly! I apologize for not explaining some details which will help you understand. Excuse me for making this so confusing for everyone.

No, he didn't leave anything out to me, that was my fault for not remembering to give all the details. He had attended school in California for four years and knew his visa was expiring. He had to return back and forth to Italy throughout that time becuase he has Diabetes and needed to maintain residency and go to his doctors appointments/get his supplies. He went to his school before he left the last time before his visa was due to expire and asked if he could get an extension. The school was very helpful and gave him all of the paperwork to prove he was still attending classes and that he did need an extension of some sort so he could finish off his degree. This included the SEVIS I‑901 and (I‑20). He then brought all the documents back to Florence and contacted the Consulate to speak to someone about obtaining an extension. He was told that he couldn't speak to anyone unless he applied for a visa. He completed the application for a student visa and had his appointment on the 15th of Dec 2008.At his appointment, the officer (excuse me, I just don't know all the codes for positions etc yet!) told him that he could not obtain another student visa. He asked my boyfirend how long he needed to be in the states before finishing classes and taking care of everything before returning. When my boyfriend said only about six months, the officer said that he could simply go back and forth to the states until he was finished on the VWP (every 90 days). He did not get any paperwork from this visit and (unfortunately) did not know that this was documented on his record as a denial of a visa.

(Mind you, I do know this is just from recounts of the story and I was not there but I have to go with whatever I have. I plan to file for free information (a lawyer gave me those papers so maybe that will give us more insight but for now I'm simply going off of what he tells me. I think it was a very stressful time for him and was a while back now so he may not remember everything distinctly - but we do have some emails from around that time that he explains the same situation)

He went and returned from the US twice in the Spring of 2009 without any problems, finished school and then simply needed to return one more time to wrap up his apartment that was for sale, etc. However, on that time, while going through TSA, the officer was joking with him until he saw that he had an arab last name then pulled him in for questioning. My boyfriend was then told by the officer that he had a "strange last name" and spoke english to well (he grew up in American school so has no accent and speaks perfect english) and then they looked up his records. From the record, they then asked him if he had been denied a visa. He told the officers that he had asked for an extension and then was told it was not necessary. They took this as lying about his application for the visa and should have understood he was denied and this action - of lying (though he did not know) brought on the permanent ben (for fraud - which I believe also can be explained as misrepresentation?) They also explained he did not have enough ties to his home country (Italy. He is an italian citizen and doesn't even have his syrian passport anymore) and was deemed a potential immigrant. He says he was not given any paperwork to explain his situation.

The code written on his passport is: 212(a)(6)©( and 212(a)(7)(A)((I) which I was told from a few lawyers is a misrepresentation bar. They also told me about the way of the K-1 or 2 visa and the extreme hardship waiver but out of the four lawyers I spoke to, they all said it'd be extremely difficult and probably would be wasting my money. Now I understand that I may just need a more experienced lawyer on that end to see what we can do in this case - I honestly would really like my husband to be able to come home with me during the holidays if possible, etc.

This is finalized in my mind as truly the only option. Thank you all for your input and advice it is truly appreciated. I am now looking at my options of getting married while overstaying here so I cannot be banned from the EU. (I was naive the first time I came abroad and was told by a company that they would take care of a visa, etc after my 90 days and then was not given a visa. This is completely my fault in trusting a company the seemed to have themselves together (but I was horribly wrong) and was forced to overstay the first time because I had no money, nor did my family, to fly home. I was also told repeatedly by my coworkers and the head of the company that overstaying was fine and not to worry about it. I quit shortly after realizing my horrible mistake. They were also trying to get me to "lose" my passport so I could continue working for them by looking like I was still under my 90 days. Many of my coworkers did it, I refused - not wanting my status to get any worse.

I am hoping to salvage my status by getting married before I return home again. The going to another country in the EU sounds promising. If anyone else has any information on that, it would be greatly appreciated. I never wanted to have any problems in the first place and am desparately trying to fix this entire situation on this end before dealing with immigration. The last time I entered the EU was at the end of August so I have overstayed for only a month. However, I wasn't stamped out or in when I traveled in the summer (I also don't have a chip in my passport - I have the older version. Not sure if this affects anything) and so my last stamp into the EU that is documented on my passport is from January 1st of 2013. I still have my tickets from my return in August but seeing that I'm already overstayed now, I understand that it wont help me much. I just didn't want to go home without knowing if I would be let back in. Again, my fault for knowingly overstaying this time - but I am simply trying to salvage my relationship at this point and honestly am not trying to do anything wrong.

Again, thank you for all of your advice. Hopefully this clears up a few points I may have missed before. Excuse me for writing so much. I am in disbelief at the amount of support and response from a single post and hopefully I can get through my own journey so I will be able to help others - just like you are helping me!

Grazie Mille, Thank you so much,

Li

[N-o-l-a 7,168]

Yes, do get married and get your EU resident card or Italian residency. My daughter appeared to have overstayed when we were in Europe and the exit border guard simply asked if we had been resident in Europe and upon our yes, let us on our way.

I would not risk leaving without establishing your status because it is very possible they will notice upon looking you up in the computer. Those exit guards are tricky.

I don't know about other countries, but Denmark required my proof of legal status in the country with a passport stamp showing date of entry (which I had to specially ask for at entry into the Schengen for that purpose) for marriage.

Edited December 21, 2013 by N-o-l-a

[Boiler 45,913]

I have no idea about the Italian requirements, every EU Country has its own regulations.

He should have declared the visa refusal, and the bit about completing his studies on the VWP makes no sense. But is also probably not material to the issue.

If he wants to visit the US there is a non immigrant waiver, but unless he has strong ties and with his prior history it is probably not worth going for.

Sounds to me like he will need at least the I 601 waiver and possible also I 212. From what I have seen neither are that hard to get assuming they are prepared correctly which either entails a lot of research on your part or a competent lawyer. See Immigrate2us for a list of recommendations.

It is not a cheap or quick process.

[Jawaree 718]

This case need sharp legal minds & LOTS of money

U should consult with shusterman out of florida, if he

says it cant fly trustme , Divine intervention , or the Secy.

of State is your only hope with life-time bans.

Now the weird thing is ppl don't get lifetime bans

for overstays, even some crimes allows ppl to get

waivers,....so might there be another mitigating

circumstance U probably do not know about in his

past (just asking) I am not an atty. so I cant say its

impossible but U should get all immigration paper-work

Passport with his travels, school attendance showing

he did attend classes at all times, this is important

since 9/11 and the fact he's saudi will raise questions.

By U doing the same they may ban U too from his country

Europe is doing exactly like the US these days, have U

both thought about a 3rd country.....workvisas...Manitoba

Canada is looking for healthy couples wanting to live and

stay there, Australia has 2 years vacation working visa also

new Zealand, Poland housing market has open up immigrant

Those not entitled to waivers can apply for D3 visa...they

are temp and U can never AOS on them . its for emergencies

very hard harships cancer, death-bed, hospice (that kind of hardsjips)

also strong proof of ties to return to ones own country is required. This

is the only relief if U R banned from I212 & I 601

markets for jobs, Korea to teach English....do researches

I say askS husterman and U will get the real deal,

Edited December 22, 2013 by Jawaree