Applying for a B1 visa after multiple J1 denials / Waiver

[Still_Have_Hope 0]

Hello everyone,

I seriously need some advices regarding my desire to apply for a B1 visa.

Unfortunately, last month I applied for a J1 visa and I got a denial. My husband applied too as an accompanying member and we both got a refusal because of my husbands' past criminal records. He was arrested for 8 months in 2010 for drug trafficking, and seen that I stated that I would have used his financial funds in case of need, I was denied the J1 visa under section 212 (a) ©: spouse of a convicted trafficker who benefit from funds that he gained through this illecit activity.

It was one of the worst experience of my life, especially because we had supporting documents that could prove that his money was not a result of that. No time to explain, no chance to give all my paperworks!

So, I decided to try again, applying just by myself hoping to demonstrate that it wasn't true but I was denied again.

I was obviously devasted because it was a 12-months paid traineeship and I got a denials for reasons not related to my personal life.

So now I'm thinking to apply for a B1 visa (business purposes). I'm now working in my father's company which is in the import-export field and he's dealing with clients from all over the world and he wants me to go to the States too in order to promote our activity and deal with US clients.

My husband is not going to apply for any visa, instead, he's about to open his own activity here, so I guess it's a good strong tie to my original country. In fact, I will entry just for this specific reason and then come back to my family.

Said that, my questions are?

- Have I any chances to get the B1 visa after the denials?

- Do anyone know something about the waiver of inadmissibility?

Seen that I got two denials, I think my best bet would be to apply for a waiver. I've already found info about that and got in touch wit US immigrant lawyer, but I decided to do it by myself because they're asking minimum 3500 USD.

- Do you think it could be possible?

Any kind of response would be more than appreciated and I thank you in advance in case you could help with any sort of info!!

[RhettVoe 282]

You will face the exact same scrutiny as you did when you applied for your J1...your ineligibility has not evaporated; it does not matter what the reason(s) are that you wish to visit the US...and an experienced CO will wonder the following: 'if I give her a B1, how long will it take her and some attorney to apply for a COS to the J1 she was already denied?'....what would be the answer to that question? You are correct: there is no credible answer. Your sudden desire to (a) work for your father which then (b) miraculously requires that YOU go and visit clients instead of him, will look exactly like it is....an attempt to circumvent your previous denial, gain access to the United States, run down to an immigration attorney's office, shell out a bunch of money to apply for the change of status, etc....

One's credibility is not enhanced by coming up with some new alleged reason for going to the US, combined with taking on a brand new job that, amazingly, also requires your immediate presence in the US...that's just too much coincidence to be believed.

[RhettVoe 282]

And you cannot request a waiver until you are determined to be qualified in ALL respects (overcoming 214b, for example, for which there is NO waiver) before you can be considered for said waiver.

And, as you discovered, immigration attorneys will charge a small fortune for doing a relatively small amount of work...for ex...the time and paperwork required to apply for a 212 d 3 a waiver for you (should you meet other qualifications) is less than 90 minutes!! Did that attorney tell you this? (no)...this type of waiver is laughably easy to apply for...there is a basic form, you would draft a succinct cover letter...and that's it...there is no cost either...yet some immigration attorney wants to charge you the equivalent of 10-12 billable hours!! Anyway, it's your choice....

[Boiler 46,121]

- Have I any chances to get the B1 visa after the denials?

- Do anyone know something about the waiver of inadmissibility?

Seen that I got two denials, I think my best bet would be to apply for a waiver. I've already found info about that and got in touch wit US immigrant lawyer, but I decided to do it by myself because they're asking minimum 3500 USD.

- Do you think it could be possible?

After the Bigamist and the Fraudulent Marriage Certificate yesterday, I am not sure how to take this.

1 and 4

I guess there is always a chance.

2

I do, do you have a ban? You never said. Now your Husband does that is certain.

3.

You do not apply for the waiver, if you need one and the CO would otherwise issue a Visa, they would recommend you for a waiver.

[kzielu 1,149]

OP, you chances of getting tourist or bussiness visa ever are essentially zero.

[jan22 3,064]

The 212(a)2c ineligibility is a ban until you are 99 years old (usually referred to as a permanent ban, since most people don't live that long) without a waiver. As others have said, unless you overcome 214(b) -- presumption of intending immigration -- no waiver will even be processed. With such a relatively recent occurrence, for what the US considers a very serious issue, and repeated attempts to get a visa, it is unlikely that you will overcome 214(b) OR be granted a waiver.

Edited May 15, 2014 by jan22

[RhettVoe 282]

All of the above is true. And no CO who values his or her career will recommend a waiver for somebody (anybody) with that particular ineligibility...would you?

[Still_Have_Hope 0]

Thank you for your answers!!

@RhettVoe

All this denial issue shocked me and my family. That's why my father asked me to work for him. It's an opportunity for me to travel abroad, and yes, to spend some time in America and come back. I'm glad I found this forum because I don't want to make any mistake again.

Said that, what is the criteria to be qualified for a waiver in your opinion?

And no, they did not tell me this, but they all asked me bunch of money because they said my waiver requires a lot of work and efforts (minimum 90hours).

@Boiler

Me and my husband don't have a ban, I guess. The CO didn't put any stamp in our passports. She just gave us the denial letters.

We both had a refusal under section 214(b), then my husband under section 212(a) - substance control, moral torpitude, drug trafficking, and me under the same section 212 (a) (2) © but as a spouse of a convicted trafficker who benefit from his funds which are a result of such activity.

In addition, the CO did not recommend a waiver and when I asked when I could reapply she answered: "I think you should wait at least ten years or you get divorced!" That's why I want to apply for a waiver. That answer killed me! Don't you think the CO exagerated?

I've read about hopeless stories which ended up being big successes. I really don't have any chance?

[belinda63 3,047]

The way I read it you are going to have to wait at least until next year (5 years after the crime you benefited financially from) to even think about filing a waiver. You have two issues

1. Overcoming the presumption of intending to immigrate on a non-immigrant visa. You need very strong ties to your country proving you will return at the end of your authorized stay. Everyone who applies for a non-immigrant visa is presumed to intend to remain in the US and you must prove why you will not.

2. The "benefitting financially from the trafficking of a controlled substance" is the other one. Very, very doubtful you will ever obtain a waiver for this. Even if you knew nothing about his business drug dealing is a very serious crime in the US (and other countries) and it is unlikely you will ever be admitted to the US.

[Boiler 46,121]

90 hours of legal work is more than 3500 but only you know if it is worth it to try.

[RhettVoe 282]

to the OP: just look at this situation from a CO's perspective (the only one counts!)...first, claiming you never benefitted from income derived from hubby's drug trafficking is laughable...all he had to do was spend $1 on anything you and he obtained...whether a hamburger, a movie ticket or a new car...doesn't matter...money does not stay isolated from one bank or another...you will never win that argument...it's like saying you never spoke to your husband when he came home from selling drugs, etc..just not believable.

Second, this amazing new job with your father, which also by coincidence just happens to 'require' your presence in the US is also unbelievable...it's just too convenient...no CO with more than 10 minutes of experience will buy it...again, would you?

Your current ineligibility is one of the most serious types there are...one of only a couple that make the spouse ineligible...(terrorism is the other!)...so once again, no CO who values his or her career with the State Dept is going to give you any benefit of any doubt because there is no upside for that CO....none...

Lastly, 90 hours to craft a nonimmigrant visa waiver request is ludicrous...you could do it yourself in less than 3 hours not knowing anything about the process (which is far less complicated than a waiver for an immigrant visa)...so this lawyer is just trying to bilk you (which all immigration attorneys do...in fact, they have to take several classes on overbilling just to get their license to steal, er, I mean, practice immigration law (which is quite similar to being a TV evangelist...promise what you cannot deliver while fleecing the flock along the way!

There is no easy way out, no shortcuts, no anything...this is just too serious to be overlooked or easily dismissed even by a careless CO...because before said CO could even approve a visa for you, the amount of electronic boxes checked, approval by umpteen supervisors and by the Dept of State and other government agencies would take months...with virtually no chance of success....because no one will jeopardize their careers for you...it matters not why you want to go to the US or how unfair you may think the process/law is...and no attorney with any ethics (which instantly eliminates all of them!) can do anything to change this....the only thing that would happen is that you would see your bank account drained of money in exchange for a bunch of promises that won't be fulfilled...in fact, go back and ask that thieving attorney if he (or she) can guarantee success...and if this idiot says he/she can, ask for proof ...proof from our laws and regulations that give attorneys the power to change this decision....my guess is you will just get more doublespeak...

[Boiler 46,121]

No win no fee?

[Still_Have_Hope 0]

Thank you for sharing your honest opinion. Let's forget my attempt to get a B1 visa. It's not a big deal if I can't go there. I will travel to other countries.

My concern now is that it seems like me and my husband are banned forever and there is no way to be qualified for a waiver, is it right?

[Still_Have_Hope 0]

What is certain is that I'm not going to pay thousands of dollars for lawyers who want to rip me off. You guys gave me more information and realistic opinion than all of them!

[RhettVoe 282]

that 2C ineligibility will not go away after a few years...it is a permanent ban...and will be near impossible to get waived...at least, not for many more years...

No doubt you believe that my regard for immigration attorneys is not the highest...and you'd be right! These charlatans only make money from foreigners...and often they promise all sorts of pots of gold at the end of the rainbow, but the only pot of gold found there will be theirs, after you or some other person filled it for them. They do a gigantic disservice to America, selling out jobs or access for money, making up stories as they go, while selling you (and others) stories along the way. 90 hours....what a joke. In fact (something I am sure said charlatan neglected to mention), NO lawyer is required at all to submit a waiver request for a nonimmigrant visa...none...zero...the factors that go into one of these are totally different than for an immigrant visa (and lawyers charge on average, $8000-10,000 to do one of these...an obscene amount of money considering the lack of work actually done). For a 212 d 3 a waiver request, they churn out boiler plate letters with your name substituted, quote the 'Hranka' decision (from the 70's!)and otherwise fill the file with doublespeak about how their client was misunderstood, woefully sorry, and is the most upstanding citizen on planet earth who deserves a 'second chance.'...All of this for the low low price of $3500?? Really? There is NO skill involved whatsoever in putting together a 212 d3a waiver packet....but the attorneys will try to scare you (and others) into believing that our laws are so complex that only they can wade through the bureaucracy and succeed....of course, they are not empowered to make any decisions...and letters from attorneys are generally treated (and handled) as if they had been dipped in some bio hazard or had just been dragged from a cesspool... and few adjudicators with experience and patriotism believe a single word attorneys put to paper...

anyway, that's the way it is...but check in again with that attorney to see what sort of spin he or she might offer in reply...should be amusing.

Edited May 16, 2014 by RhettVoe