all Can my family reapply for non-immigrant visa after we have been denied inadmissible

[Ogunseye 0]

Please I need your help. The year 2013,my wife won the diversity lottery. She was single when she played but we got married before the result was out. We got married 22nd December 2012. When the result came we decided to apply as married because she wouldn't want to leave me behind for we are still expecting our baby. But at the consulate the consul denied us the visa under material misrepresentation for me and alien smuggling for my wife. 4years after I tried to make another appointment for holiday which the consul also make reference to the previous denial and that leads to another denial. But now am set to apply for holiday with my wife and my 1year plus daughter. please what can I do so that these so called pending denial will not affect my family again. Truly am married to my wife and has blessed our with baby. I or my wife has never misrepresented any facts about our status. Thanks God bless.

[Hypnos 6,576]

Both material misrepresentation and alien smuggling can lead to a lifetime bar. 

 

There are waivers available, but it sounds as if you don't have qualifying relatives in order to file them. 

 

You should consult with an experienced immigration attorney knowledgeable in waivers (someone like Lizz Cannon or Laurel Scott), but I wouldn't get your hopes up. I think you may both be permanently inadmissible at this point. 

Edited August 2, 2017 by Hypnos

[Penguin_ie 5,994]

Those are lifetime bans.

Did you fight the charges when they were brought originally, since, according to what you say here, they were wrong?

[NigeriaorBust 4,087]

  People get married all the time during the DV process.  What else happened ?  Did you file any false papers ?

[Boiler 45,545]

Obviously more to this. Of course you can apply, there is a D3 waiver for Tourist Visa's.

[geowrian 22,337]

Both material misrepresentation and alien smuggling are very serious and have lifetime bars on any visa. It would be very difficult to get a non-immigrant visa with either circumstance. A waiver is available, but I'm doubtful they will consider it given the circumstances. This is further complicated by having attempted to obtain an immigrant visa (DV) in the past, which makes showing non-immigrant intent even harder.

 

You certainly don't have to answer anybody here, but I suggest considering the question of "why do you want to come to the US so badly?" will be running through any CO's mind. There's plenty of other countries out there to visit where your past denials or ban won't have any impact. The most likely conclusion that they will reach, combined with the rest of your history, is that you actually intend to work and/or stay in the US.

 

Please update with whatever you decide to do.

[Ogunseye 0]

Thanks to you all for words of advice and encouragement. We have not present any willful or false documents. I will have a rethink about my decision. My family is not desperate to come to the United States but we want to justify and prove that truly we did not misrepresent any material and we are not smuggling each other as the meaning occured to me.God bless u all.

[sumranbi 12]

On 8/2/2017 at 0:02 PM, Ogunseye said:

Thanks to you all for words of advice and encouragement. We have not present any willful or false documents. I will have a rethink about my decision. My family is not desperate to come to the United States but we want to justify and prove that truly we did not misrepresent any material and we are not smuggling each other as the meaning occured to me.God bless u all.

There is actually a US consular officer on a Nigerian site nolo.com you could ask her.

 

Thanks.