Applying for B2 10 years after visa Withdrawn

[geowrian 22,338]

The only (rational) thing I can think of is that while she never overstayed, there was a plan to stay or live in the US by somebody. She probably returned to the US shortly after a long visit, resulting in them looking through her stuff and finding the textbook (they don't typically just search a minor's belongings unless they already suspect an issue).

[Boiler 46,007]

2 minutes ago, SusieQQQ said:

Do you buy that? If a school told you that would you take them at their word or would you have already looked into it? It is ultimately the parents’ responsibility to ensure the children are on the right visa.

something fishy must have been going on anyway for the kid’s bag to be searched and the textbook found...?

 

 

I did question it, OP was insistent it was down to the School's.

 

 

[SusieQQQ 11,587]

Must have been a horrible situation for the kid. I hope she wasn’t alone at the airport when it happened.

Just now, Boiler said:

I did question it, OP was insistent it was down to the School's.

 

 

OP was insistent to pass blame on, is what you mean

[Boiler 46,007]

1 minute ago, SusieQQQ said:

Must have been a horrible situation for the kid. I hope she wasn’t alone at the airport when it happened.

OP was insistent to pass blame on, is what you mean

Did seem odd that her family seemingly had no knowledge.

[Unlockable 7,315]

8 minutes ago, geowrian said:

The only (rational) thing I can think of is that while she never overstayed, there was a plan to stay or live in the US by somebody.

I agree with this. Many people think that those who plan to use a visitor visa to come and live in the US do so immediately after obtaining the visa. What really happens is after a few visits here and there they start to set up shop for the final move.

[jle2234 68]

No offense to the OP or the sibling, but there are definitely some gaps in the original case -- which may contribute to the difficulty of new applications.

 

1. I visited the U.S. regularly while attending college in Canada. I frequently traveled with textbooks so I could complete school work while traveling, and was never questioned on them. A textbook alone is not all that suspicious an item for a school-aged person to be traveling with. And, to someone else's point, the search alone suggests other factors existing in the case.

 

2. I am now attending grad school in the U.S. A reputable school will not allow a foreign national to just register in good faith -- I had to provide my school with a copy of my green card and my SSN. In lieu of that, I would have to provide evidence of a student visa.

 

It seems likely that there were multiple factors in the original case, and ignoring such factors will not help your sibling's new applications at all. It's possible that there are waivers, etc., available to your sibling, especially considering the young age when the original issue occurred. You need to put all the cards on the table if you want to try to figure this out, though -- if not with us, then at least with your family.

[geowrian 22,338]

6 minutes ago, jle2234 said:

2. I am now attending grad school in the U.S. A reputable school will not allow a foreign national to just register in good faith -- I had to provide my school with a copy of my green card and my SSN. In lieu of that, I would have to provide evidence of a student visa.

It's different for public elementary and secondary schools....by law, they cannot deny a child access based on immigration status (or lack thereof).

https://www.justice.gov/sites/default/files/crt/legacy/2014/05/08/plylerfact.pdf

 

But yes, multiple factors were very likely involved. No waiver should be needed. Even if a waiver was applicable, it would only be at the CO's discretion for a tourist visa (unlike an immigrant visa where the applicant requests the waiver).

[Umka36 781]

1 hour ago, Boiler said:

Did seem odd that her family seemingly had no knowledge.

Like the IRS, being ignorant of the laws does not make it okay/go away. How often do we hear children paying the price of their parents choices in regards to immigration, but the parent never really takes responsibility. It's always the same tune of the US breaking up families. 

 

OP, your sister is probably never going to get approved for a visitor visa based on what you've provided. Alternative is having the family visit her?

[Boiler 46,007]

36 minutes ago, jle2234 said:

No offense to the OP or the sibling, but there are definitely some gaps in the original case -- which may contribute to the difficulty of new applications.

 

1. I visited the U.S. regularly while attending college in Canada. I frequently traveled with textbooks so I could complete school work while traveling, and was never questioned on them. A textbook alone is not all that suspicious an item for a school-aged person to be traveling with. And, to someone else's point, the search alone suggests other factors existing in the case.

 

2. I am now attending grad school in the U.S. A reputable school will not allow a foreign national to just register in good faith -- I had to provide my school with a copy of my green card and my SSN. In lieu of that, I would have to provide evidence of a student visa.

 

It seems likely that there were multiple factors in the original case, and ignoring such factors will not help your sibling's new applications at all. It's possible that there are waivers, etc., available to your sibling, especially considering the young age when the original issue occurred. You need to put all the cards on the table if you want to try to figure this out, though -- if not with us, then at least with your family.

Were you ever pressured to attend School in the US when visiting?

[Going through 5,671]

15 hours ago, rude_boyja said:

As stated previously "under the high school's advise started going to school on their B1/B2 visa". Dean,Principal and student advisor directed us in this direction, as they had stated they had directed multiple students.

Just wanted to get advise on CURRENT situation, appreciate all that shed some light on that.

Curious....why were they even in the high school to begin with?  When I visited the US as a teenager with my family, we never took a trip down to tour various high schools...

[jle2234 68]

25 minutes ago, geowrian said:

It's different for public elementary and secondary schools....by law, they cannot deny a child access based on immigration status (or lack thereof).

https://www.justice.gov/sites/default/files/crt/legacy/2014/05/08/plylerfact.pdf

This is good to know -- thanks for the info!

 

3 minutes ago, Boiler said:

Were you ever pressured to attend School in the US when visiting?

Definitely not. I'm not sure what kind of school the OP's sibling attended (public or private). The case was obviously different because it was high school. But from the perspective of a post-secondary student, I can tell you this: Schools in the U.S. are very competitive. They want good students who will give them good stats, good reputations, and lots of tuition money. They will woo desirable students, even foreign nationals, with all kinds of things... but not with offers of illegal enrollment. I was "courted" by four U.S. grad schools, and all offers of acceptance, funding, etc., had the written condition of requiring legal status in the U.S.

[SusieQQQ 11,587]

Well, for high school, if I understand correctly, a foreign national on a student visa can only attend one year of a public high school and has to pay the subsidy (ie it’s not free). Private schools is unlimited time, but obviously there are fees involved. It doesn’t seem likely to me that anyone is going to pay fees like that without double checking the visa status. Of course, if you have a local address and proof of that you can register at a public school. I’m not sure whether, 10 years ago, they would have asked after visa status or not, but if they did, why would they have misled the parents?? The more I think about this, the more the story doesn’t add up, and as someone else already pointed out there may well be more to the history and therefore the visa denials than we have been told about.

[SusieQQQ 11,587]

20 minutes ago, jle2234 said:

This is good to know -- thanks for the info!

 

Definitely not. I'm not sure what kind of school the OP's sibling attended (public or private). The case was obviously different because it was high school. But from the perspective of a post-secondary student, I can tell you this: Schools in the U.S. are very competitive. They want good students who will give them good stats, good reputations, and lots of tuition money. They will woo desirable students, even foreign nationals, with all kinds of things... but not with offers of illegal enrollment. I was "courted" by four U.S. grad schools, and all offers of acceptance, funding, etc., had the written condition of requiring legal status in the U.S.

Actually, there have been colleges who wooed foreign students wth not much more than the promise of them getting student visas and being able to stay after or disappear into the woodwork once here. Look up “visa mill”. But colleges are irrelevant in this case,

Edited January 8, 2018 by SusieQQQ

[WeGuyGal 1,052]

19 hours ago, rude_boyja said:

Interesting, they have no interest in moving to the US. But the D-160 did ask this, so they did answer truthfully.

 

Sounds like they do (or did 4-odd yrs back)

 

[SusieQQQ 11,587]

20 minutes ago, WeGuyGal said:

 

Sounds like they do (or did 4-odd yrs back)

 

The plot thickens further. Of course they will have the sibling’s name on file for the immigrant petition too.

Which makes one wonder what the referred to “truthful” answer on the DS160 is. 

 

Yet again, half the story is told, if everything had been upfront it would have been easier to reach the right conclusion....

Edited January 8, 2018 by SusieQQQ