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Filed: Timeline
Posted

Thank you all for your insightful comments. Now I clearly understand my situation and I found out more about immigrant attorneys' work ethic (if they have one).

In 2011 I've been in NY for two months with the ESTA (authorization for European citizens). I was about to get my Master's degree in International Relations and I chose to go there in order to collect documents for my thesis which was a deep analysis of the United Nations role.

I'm honest: I deeply fell in love with the City and the US culture, and when I obtained my degree last year, I immediately started to look for an internship over there. I knew it would have been a great starting point for my professional career.

I was so happy when I found this paid training, I spent a lot of money to pay the sponsor organization that took care of all the firms etc, I successfully passed three interviews, spent 2000Usd and in the end..I got a denial.

I was so disappointed and upset, I wish I could have looked for more info before applying for my husband's J2 visa and maybe..

However, although my dream was crushed into pieces, life goes on!

I just got married and I want to move on and enjoy my life as I was used to do before this bad visa issue that happened few weeks ago. I will go on with my job and forget my desire to go to the States.

The last concerns I have are:

- Am I still eligible for the ESTA?

- In the future, when I will overcome the presumption to immigrate there (children, permanent job etc) are me and my husband qualified for a waiver?

-Which kind of waiver do we have to apply for?

can't we just reapply?

Filed: K-1 Visa Country: Wales
Timeline
Posted

You can apply for a visa as often and as frequently as you want.

“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.”

Filed: Timeline
Posted

Regarding ESTA, it's quite likely that having applied for a visa and been denied, your ineligibility (the 2C one) will appear on the screen and that will result in not being allowed to board......if you, while filling out the electronic form, neglect to mention this, you could be found ineligible for having used fraud and misrepresentation to obtain an immigration benefit (admission to the US)....so be cautious....and honest..

As to overcoming 214b in the future, hard to say...suppose one day you do...you would still need a waiver under INA 212 d 3 a (a nonimmigrant visa waiver) that does NOT depend on hardships and all of the other weepy reasons people try to create so as to generate sympathy from the eventual adjudicator, but rather a different set of criteria...

1- how long ago did the event(s) occur that resulted in the ineligibility

2- how serious was/were those events (yours sounds quite serious)

3- perceived dangers to the citizens of the US should you be allowed to enter the country

4- your own thoughts, admission of guilt, etc, about the event(s) in question....here is where you could make a big mess out of it by refusing to take blame or responsibility....people who try that route usually discover that the CO will tune out all such input....because no one is every guilty nor responsible for their actions in today's society...or at least, that's what most claim! Better to come clean...the more you deny involvement/benefit or knowledge of what your husband was up to, the less credible you will sound...and all the CO has to do is check the 'not recommended' box and USCIS will instantly agree (the easy path to take)..there will be no recourse, no congressman or senator can come to the rescue (because you are not a USC), no letter writing campaign or threats to notify the media will have any impact (positive) on your request...because, at the end of the day, a visa and a waiver are a privilege, not a right....

As far as what some shyster can allegedly do for you, emptying your checking account will be their #1 priority....the form to request the waiver is simple; a cover letter written by you will have more affect than any amount of $300 an hour blather some attorney can draft, and most USCIS adjudicators have a very low opinion of letters written by attorneys...because those letters are mostly fluff...short on facts, long on circular logic.

Filed: Timeline
Posted

It seems like I have no chance to get a waiver. Even though I admit to be "guilty" I don't think it would have a positive impact on my waiver process. Same thing if I try to convince the CO that I didn't do such things.

So you know what? Bye bye American dream!

At least I tried. The world is so big and there are so many beautiful countries to discover!

It's sad because they made me feel like a criminal but if I can't do nothing to solve this problem, it's just fine. The good thing is that I won't spend one cent for an immigrant lawyer!!

Thanks again for your answers, especially RhettVoe, you pointed out a lot of important details that I didn't know.

Filed: Timeline
Posted

It seems like I have no chance to get a waiver. Even though I admit to be "guilty" I don't think it would have a positive impact on my waiver process. Same thing if I try to convince the CO that I didn't do such things.

So you know what? Bye bye American dream!

At least I tried. The world is so big and there are so many beautiful countries to discover!

It's sad because they made me feel like a criminal but if I can't do nothing to solve this problem, it's just fine. The good thing is that I won't spend one cent for an immigrant lawyer!!

Thanks again for your answers, especially RhettVoe, you pointed out a lot of important details that I didn't know.

One final note re ESTA -- although some have encouraged you to try and that it is possible, please understand (I think you do, already, but wanted to be sure) it is NOT possible. Any entry to the U.S. will require a waiver. That waiver needs to be agreed to by the Department of State (usually through the visa officer) and the Department of Homeland Security. ESTA only goes through DHS -- your ineligibility will be in their records and, as soon as it is seen, ESTA will be denied. If by some chance they miss it, and approve ESTA, it will result in you being denied entry on arrival, as it will also appear in that record, and you will have wasted the cost of the ticket. Let some time pass, until you are established enough to overcome 214b -- which the visa officer determined you did not -- and try again in the future. If it highly unlikely your husband will even get a visa (at least in any foreseeable future), but you may at some point, so don't give up hope of ever qualifying. Good luck!

 
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