Visa denied

[fitleo 15]

1 minute ago, cyberfx1024 said:

 

If he had a H1B visa then how was he working Illegally? This is a really complicated case to say the least. Did you guys have an attorney, and why was he banned to start with? 

In 2009 he had h1b then he was let go

He left, returned as a tourist and worked in 2010, when leaving after the 3 months tourist visa expiration, he tried to return and was questioned n he confessed. 

 

No, I did it all after the 5 yr ban . No lawyer. we even postponed our marriage until the ban expired so as to not cause problems. 

 

But my understanding is that now is the time to hire one 

Also,  when he was banned at Port of entry, he decided to go back to the UK succumbing to the fact. We didn't fight it. 

[Cyberfx1024 7,980]

8 minutes ago, fitleo said:

In 2009 he had h1b then he was let go

He left, returned as a tourist and worked in 2010, when leaving after the 3 months tourist visa expiration, he tried to return and was questioned n he confessed. 

No, I did it all after the 5 yr ban . No lawyer. we even postponed our marriage until the ban expired so as to not cause problems. 

But my understanding is that now is the time to hire one 

Also,  when he was banned at Port of entry, he decided to go back to the UK succumbing to the fact. We didn't fight it. 

There was nothing to fight at that time because he worked as a tourist which is forbidden. He probably left and came back almost right away which is why he was questioned at the POE. 

 

What exactly was said at the embassy during the interview?

 

There is a time for a lawyer and this is it right now. I know that sucks to hear but it is the time for a lawyer. 

Edited October 10, 2017 by cyberfx1024

[fitleo 15]

1 minute ago, cyberfx1024 said:

There was nothing to fight at that time because he worked as a tourist which is forbidden. He probably left and came back almost right away which is why he was questioned at the POE. 

 

 

There is a time for a lawyer and this is it right now. I know that sucks to hear but it is the time for a lawyer. 

Yes, I've come to realize now that lawyer is the way to go.

And yes, we couldn't have fought it anyway. Abd lastly,  yes,  he left n came right back. Red flag. 

 

I always believed that if one doesn't set the tiles right the first time, you'll have to work on them for a long time. 

 

God bless your kids! 

[Cyberfx1024 7,980]

5 minutes ago, fitleo said:

Yes, I've come to realize now that lawyer is the way to go.

And yes, we couldn't have fought it anyway. Abd lastly,  yes,  he left n came right back. Red flag. 

I always believed that if one doesn't set the tiles right the first time, you'll have to work on them for a long time. 

God bless your kids! 

I totally agree it was a red flag that now he probably is kicking himself in the butt for, I know I would be if it were me. 

 

Usually a lawyer will just waste your money on most things involving immigration. But you have a complicated case and it sucks to say the least, but you need a lawyer and file the 601 waiver immediately. How long are they saying his ban is? 

 

Do you have a son or a daughter? I have 3 girls and 1 son, and yes I have all of them in my house. So we have blended family because my 2 older kids are from my x-wife(I have custody), and 2 younger ones with my wife now. But we all love each other the same way and that's what counts. 

[fitleo 15]

34 minutes ago, cyberfx1024 said:

I totally agree it was a red flag that now he probably is kicking himself in the butt for, I know I would be if it were me. 

 

Usually a lawyer will just waste your money on most things involving immigration. But you have a complicated case and it sucks to say the least, but you need a lawyer and file the 601 waiver immediately. How long are they saying his ban is? 

 

Do you have a son or a daughter? I have 3 girls and 1 son, and yes I have all of them in my house. So we have blended family because my 2 older kids are from my x-wife(I have custody), and 2 younger ones with my wife now. But we all love each other the same way and that's what counts. 

That was the reason I joinedthis forum so as to learn n not waste money 

 

And yes he's kicking himself and so am I . They said the ban for 10 yrs starting 2009. Mind you the 5 yr ban was from 2010. And that's what baffles me. How can he have a ban if he's already banned.  Anyway,  I gotta find a lawyer asap

 

We have one boy. Kids are a blessing! 

 

Thank you for your support

Edited October 10, 2017 by fitleo
Incomplete post

[broppy 204]

46 minutes ago, cyberfx1024 said:

Also, when he was denied entry in 2010 because yes he broke the law prior to leaving and worked illegally,  he was banned for 5 yrs and we mentioned it all,  including an additional paper attached to I 130 form and a photocopy of the whole transcription (since I wasnt sure of the order, removal or another one which I'm forgetting) and copy of visa page that was canceled in his passport

 

The question is where is the order for which according to the CO he is banned for 10 yrs? None of his visas are canceled but the one in 2010.

 

The whole point is never have either of us on any form,  including ds 260 , misrepresented his wrongdoingin working unauthorized. To the contrary, in ds 260 where they asked about it, he answered truthfully. 

 

I would also like to know if such orders can be issued postfacto, where can one access this data?

It sounds like he was given a five year ban at port of entry as an inadmissible alien, but was later determined to have been subject to an order of removal (due to the unauthorized work) which carries the ten year ban. The relevant law is INA 212(a)(9)(A). The only way to find out for sure would be for him to make a freedom of information request. Either way, the ban doesn't mean he's automatically allowed back into the country after 5 (or 10) years; he's banned from entry for at least that long. Without providing evidence that he's reformed, CBP officers can deny entry indefinitely (entry to the US is a privilege, not a right). In practice, though, he can file I-601 for a waiver of grounds of inadmissibility. And if he's British, do so in London rather than Kazakhstan.

[NigeriaorBust 4,087]

  How long after he was let go did he leave ? 

[kris&me 572]

First of all your taxes do not pay immigration as they are not under the federal budget / all of our fees pays them

and next seems he was working for an oil company and lost the job because the US went thru a financial crisis but he overstayed and worked illegally for someone else????

so he probably received 5year ban for that as the oil company had to (i believe) report withdrawing the work visa.  I am assuming this as my German firend left to return to Germany and the company here informed immigration that they were not renewing the work visa at that time

next you got  a new 5 year ban (the one you know about)

this adds up to 10 years to me

 

we are all so sorry this is happening to you and your family but i think maybe here u need a good lawyer (probably also a barriester in England)

[fitleo 15]

8 minutes ago, broppy said:

It sounds like he was given a five year ban at port of entry as an inadmissible alien, but was later determined to have been subject to an order of removal (due to the unauthorized work) which carries the ten year ban. The relevant law is INA 212(a)(9)(A). The only way to find out for sure would be for him to make a freedom of information request. Either way, the ban doesn't mean he's automatically allowed back into the country after 5 (or 10) years; he's banned from entry for at least that long. Without providing evidence that he's reformed, CBP officers can deny entry indefinitely (entry to the US is a privilege, not a right). In practice, though, he can file I-601 for a waiver of grounds of inadmissibility. And if he's British, do so in London rather than Kazakhstan.

Thank you.

 

Where does one request a freedom of informatio? As in looking at the transcription here it is an order of removal pursuant to section 235 (b)(1) determining that he's inadmissible under section (7)(A)(i)(I).

 

And another document I have here titled notice to alien ordered removed/departure verification has my husband's name and a box ticked (for a period of 5 years from the date of  departure)

The other boxes of 10/20/abd any time are not checked

 

 

Lastly, when you mean London, you mean for the next interview after the I 601 is filed? 

 

Thanks

2 minutes ago, NigeriaorBust said:

  How long after he was let go did he leave ? 

Not sure what u mean

[NigeriaorBust 4,087]

Quote

 

 You said he was let go from the company  that sponsored his HB1  . How long after did he leave the US  ?

[fitleo 15]

2 minutes ago, kris&me said:

First of all your taxes do not pay immigration as they are not under the federal budget / all of our fees pays them

and next seems he was working for an oil company and lost the job because the US went thru a financial crisis but he overstayed and worked illegally for someone else????

so he probably received 5year ban for that as the oil company had to (i believe) report withdrawing the work visa.  I am assuming this as my German firend left to return to Germany and the company here informed immigration that they were not renewing the work visa at that time

next you got  a new 5 year ban (the one you know about)

this adds up to 10 years to me

 

we are all so sorry this is happening to you and your family but i think maybe here u need a good lawyer (probably also a barriester in England)

Youre correct about the layoff with the bust 

 

This has been 8 yrs ago, I'm not sure if he left or stayed. Just don't remember. But thanks for your input, I never thought of that

 

How can a barrister in the UK help? Thx

[fitleo 15]

1 minute ago, NigeriaorBust said:

 You said he was let go from the company  that sponsored his HB1  . How long after did he leave the US  ?

That I need to check. Thanks for pointing it out.

 

I want to have all the bases covered so as to be ready when talking to a lawyer

[kris&me 572]

he can inquire at US embassy in UK in person and actually talk to embassy staff

it can be done from the US by phone, fax and emails but a lot better to talk in person

i had a lawyer in Ecuador to go with husband to interview

[NigeriaorBust 4,087]

  I was thinking the overstay happened then , that he didn't leave right away ( tying things up , being with you , looking for other work )   and created an overstay  ( 10 years means he overstayed for more than a year )   

[broppy 204]

5 minutes ago, fitleo said:

Where does one request a freedom of informatio?

https://www.uscis.gov/about-us/freedom-information-and-privacy-act-foia/uscis-freedom-information-act-and-privacy-act

5 minutes ago, fitleo said:

As in looking at the transcription here it is an order of removal pursuant to section 235 (b)(1) determining that he's inadmissible under section (7)(A)(i)(I).

Quote

(7) Documentation requirements.-
(A) Immigrants.-
(i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-
(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a)

As I said - determined to be inadmissible at POE (five year ban) - CBP considered him to be an immigrant, not a visitor.

 

5 minutes ago, fitleo said:

Lastly, when you mean London, you mean for the next interview after the I 601 is filed?

For any interaction with a US Consulate, London's likely to be a lot friendlier than Kazakhstan (I'm assuming he's British).