Sister banned to enter to USA?

[dhlunar 25]

I take it that any paperwork CBP (or whatever it was at the time) gave her, she no longer has. Has she considered filling an Freedom of Information Act Request (FOIA) to see what CBP has in their system for her and if they imposed any ban on her traveling back to the US?

[Boiler 45,837]

5 years is the normal ban.

[Roddick2013 8]

Hi dhlunar. The only thing that she still has with her is that old passport that already expired, no paper or any documentation about that day (they didn't gave her anything). Last time she went to the embassy to apply for a tourist visa was 12 years ago, so the only way to know exactly about her situation for her, is to go to the embassy again, and apply, and after that we can know her real situation, but all the ideas the you guys are giving us here, is helping a lot.

[Roddick2013 8]

I'll search about FOIA online, because I don't have any idea what is that?

[jan22 3,056]

Apply for B1 with D3 waiver (have an atty prepare it (Heather Poole ) great

with D3 waivers....its temp and discretionary, recently someone got that

visa with a past overstay in his teens....it has more of a life when CO decides

to recommend it, however they will still take it at the interview if the waiver

is prepared by atty. The applicant suggested that you tell CO up front you

have a D3 waiver request.....it could take up to 7 mths to be processed .

Option 2: File an immigrant petition for her it will take a long time. I hope there

is consistency on all her applications , everything have to be revealed.

Over & over I tell ppl clear text & phone messages, also do not carry un-necessary

papers with you because they will go thru everything & one never knows when

If they find her ineligible under the standard 214b (immigrant intent) -- highly likely, with all of her immediate family in the US already -- they will not process a waiver, regardless of whether a lawyer has prepared it or not (and, it's essentialy an electronic process now, so no actual paperwork needed). You have to be qualified for a visa on all other grounds before a waiver can be sought -- but for the ineligibility (if there was one that arose from what happened at the POE), the applicant qualifies...so the waiver is for that ineligibility and the visa issued. I would suggest that she apply, find out if she qualifies under 214b and if there is really another ineligibility before I would spend any money on a lawyer for a waiver. Just my opinion.... Edited February 23, 2015 by jan22

[Roddick2013 8]

Good advise jan22. We are taking notes of all the suggestions here, Thanks.

[Cathi 5,777]

with all of her family living in the US there is about a zero chance of receiving a visitor visa. Not harm in trying, but don't get your hopes up

[raven52 233]

The chances are very slim no matter what you do, but a fee and an application for a visa is about all you can do.

[Jawaree 718]

A D3 waiver I said is discretionary however ppl with family members & yrs

overstay have received itit does not cost the same thing as an I 601 waiver to

write the brief by the atty and let the applicant present the proper papers and

even an offer to bond on arrival, all this I not a everyday thing but possible,

if one can afford it no harm in trying, showing ties to her country how no immigrant

intent must be shown, however FAM states that applying for B1 if applicant turns

in a waiver it is accepted and sent on too AAO too, the thing here is its more

scrutinized when the CO did not recommend it.....The atty does free phone

consults, she'll give you of all the answers you need

Edited February 23, 2015 by Jawaree

[Roddick2013 8]

Thanks to anyone, I'll take into consideration every comment, and I'll updated her case here.

[Teddy B 17,252]

If they find her ineligible under the standard 214b (immigrant intent) -- highly likely, with all of her immediate family in the US already -- they will not process a waiver, regardless of whether a lawyer has prepared it or not (and, it's essentialy an electronic process now, so no actual paperwork needed). You have to be qualified for a visa on all other grounds before a waiver can be sought -- but for the ineligibility (if there was one that arose from what happened at the POE), the applicant qualifies...so the waiver is for that ineligibility and the visa issued. I would suggest that she apply, find out if she qualifies under 214b and if there is really another ineligibility before I would spend any money on a lawyer for a waiver. Just my opinion....

This is good advice. Her chances are very slim of getting the tourist visa to begin with. It makes no sense to spend any extra money without knowing exactly where she stands first. My guess is that with her past history, she will not be able to visit the US anytime soon, if ever.

[jan22 3,056]

A D3 waiver I said is discretionary however ppl with family members & yrs

overstay have received itit does not cost the same thing as an I 601 waiver to

write the brief by the atty and let the applicant present the proper papers and

even an offer to bond on arrival, all this I not a everyday thing but possible,

if one can afford it no harm in trying, showing ties to her country how no immigrant

intent must be shown, however FAM states that applying for B1 if applicant turns

in a waiver it is accepted and sent on too AAO too, the thing here is its more

scrutinized when the CO did not recommend it.....The atty does free phone

consults, she'll give you of all the answers you need

Please be sure and check your information before repeating it as fact. A 212(2)(d)(3) waiver will not be sent forward and processed for an applicant who is found ineligible under 214(b), i.e., immigrant intent. There would be no reason to waste time processing it, since even if the waiver is approved the visa would not be issued, since the applicant doesn't qualify for it at the most basic level. Only if found qualified but for the ineligibility that requires a waiver, would the waiver request move forward. You're right that it could move forward at that point with or without the visa officer's recommendation, but not before having been found eligible on all other grounds.