Life after an entry ban

[user12 4]

Hello all. 

I am talking to a woman in Brazil and would like to know if anyone here has experience with this, In a nutshell here is what I was told. She entered the US many years ago on a b1 visa.  She overstayed the visa 4 years. Her son was born here during that time.  After his birth she returned to brazil to visit family. 
She tried to return to the US and was ask how long she was here the previous time. She told them, 6 months. (lied) 
She was detained in Miami for 3 months and went before a judge. She was denied entry and received a 10 year ban. That was 14 years ago. 

2 years ago she again applied for a b1 visa and was denied. 

My question... Is there a REALISTIC chance she will ever again receive a b1 Visa? (I personally think not, she has shown she is a risk) 

And If the time ever came when I wanted to apply for a K1 visa would the past situation have an effect on that application? 

[Roel 7,193]

No. She will probably NEVER receive a non - immigrant visa.

 

I'd actually find out if she doesn't have a LIFE TIME ban - for lying. Which is very possible.

[NigeriaorBust 4,087]

  She obviously has the 10 year bar for the overstay,  Did they write anything in her passport  ?    The "lie" about the overstay may be considered a material misrepresentation.  Another factor is who paid for the childbirth ?   If she used government funds she will need to repay that before being cleared.  If she paid for it she should collect proof.  

[Paul & Mallory 1,398]

I highly doubt she'd ever be able to get a B1 again, and possibly not even a K1 or other kind. I'm sure stranger things have happened, but 1) she overstayed... 2) she had a child (was she overstaying at that time? either way, as someone else mentioned, if she used government funds for the birth, that's an issue)... 3) she LIED to a CO.

 

Overstaying period can really shoot people in the foot later down the road. I wish people would think about these things before choosing to overstay, especially if there's ever a possibility of wanting to remain in the US permanently (and one would think legally).

[SusieQQQ 11,587]

Yup, just the overstay wouldn’t be an issue for K1 - showing previous immigrant intent doesn’t affect an immigrant visa and the ban period is over. The misrepresentation to a CBP official is potentially a problem and as others have said so are the circumstances of the birth. How would you feel about potentially moving to Brazil to be with her, if it gets to that stage?

Edited May 11, 2018 by SusieQQQ

[Boiler 45,940]

58 minutes ago, user12 said:

Hello all. 

I am talking to a woman in Brazil and would like to know if anyone here has experience with this, In a nutshell here is what I was told. She entered the US many years ago on a b1 visa.  She overstayed the visa 4 years. Her son was born here during that time.  After his birth she returned to brazil to visit family. 
She tried to return to the US and was ask how long she was here the previous time. She told them, 6 months. (lied) 
She was detained in Miami for 3 months and went before a judge. She was denied entry and received a 10 year ban. That was 14 years ago. 

2 years ago she again applied for a b1 visa and was denied. 

My question... Is there a REALISTIC chance she will ever again receive a b1 Visa? (I personally think not, she has shown she is a risk) 

And If the time ever came when I wanted to apply for a K1 visa would the past situation have an effect on that application? 

Do you mean a B2?

 

Anyway no.

 

Looks like she still has a life time bar for Misrep.

[geowrian 22,338]

She has an automatic 10 year bar for the overstay. This can be waived by a CO for a non-immigrant visa, but there's no realistic chance of it occurring given her circumstances.

She almost certainly has or will have a permanent bar on any visa for material misrepresentation. Never, EVER lie to anybody in immigration. They very likely already knew the answer, and her entry/departure record would reflect it (not to mention any records within the US + no records back home).

 

The permanent bar can be waived when applying for a K-1 or immigrant visa via an I-601 after she would otherwise be eligible for the visa. This covers the 10 year bar as well. It will add about a year or so to the timeline and ~$1000 + lawyer costs. I recommend a good waiver attorney with hardship waivers, especially when misrepresentation is involved.

[Going through 5,671]

Usually  border officials already *know* the answers to their questions---they want to see if the person's answers will match up to the information they have in their database.  Unfortunately, she knowingly misrepresented facts to the officer which most likely resulted in a permanent bar.

 

Chances of her getting a tourist visa again is zero.

Chances of her getting a K1 is not impossible, but slimmer and requires a waiver.

 

Any chance of you moving to Brazil to be with her?

[TNJ17 1,329]

She will never be issued a non immigrant visa ever in her lifetime. Her overstay ban is over since it was 14 years ago. But she lied to an immigration officer and that usually comes with a misinterpretation ban which is for life. She needs to find out if she has one. If she doesn’t, you can apply for K1, her overstay won’t affect your chances. Her lying, if tricked a ban, will. Her child being born in the US is a US citizen and can also petition for her when he is 18. She should probably contact a lawyer and see if she has tricked a lifetime ban for lying. If she did, that’s the end of the road for her I’m afraid. 

[geowrian 22,338]

31 minutes ago, TNJ17 said:

She will never be issued a non immigrant visa ever in her lifetime. Her overstay ban is over since it was 14 years ago. But she lied to an immigration officer and that usually comes with a misinterpretation ban which is for life. She needs to find out if she has one. If she doesn’t, you can apply for K1, her overstay won’t affect your chances. Her lying, if tricked a ban, will. Her child being born in the US is a US citizen and can also petition for her when he is 18. She should probably contact a lawyer and see if she has tricked a lifetime ban for lying. If she did, that’s the end of the road for her I’m afraid. 

Good point RE: the unlawful presence bar already being expired. I missed that.

She won't find out about the misrep bar until she is otherwise eligible for a visa...and the only type of visa I am picturing that she could qualify for is family-based. I could be wrong, but if she qualified for a work or investment visa or something else, I think that path would have been brought up by now. Maybe (?) she can file a FOIA request and see, but honestly it's better IMO to go for the visa and not wait since the waiver opportunity exists.

The child must be 21 to petition for a parent, not 18. Waiver would still be needed for misrep, if the bar is applied.

A lifetime/permanent bar can be waived for a K-1 or immigrant visa via an I-601.

Edited May 11, 2018 by geowrian

[Unlockable 7,315]

Overstaying is one thing. Getting caught in a lie about it is another.

 

She can continue trying but she shouldn't get her hopes up.

 

The big question is what evidence she has that she will not do the same again? She now has a US citizen son and personal connections within the US. She has already shown she has the ability to survive in the US for multiple years. What compelling evidence does she have that will show that she will not overstay a visitor visa again?

 

Remember, when applying for visitor visas, the interviewing officer wants to know why you need to return to  your country... not why you want to visit the US.

[Sunnyland 639]

She lied to immigration officers in the past to make it to the US and you don't know if she is not lying to you too. After all moving to the US is what she wants and always wanted. If you love this woman that much, move to Brazil with her. She is not getting any tourist visa anytime soon.

[Crazy Cat 42,062]

I agree with the other good folks here......No tourist visa to the US ever again.  Very possible she will need a waiver for misrepresentation......I'd consult an attorney familiar with waivers.

[user12 4]

Thanks all for response. I suspected a NO on the tourist visa. 
How can she (or I) find out if she received any sort of ban for the misrepresentation part?

[Boiler 45,940]

20 minutes ago, user12 said:

Thanks all for response. I suspected a NO on the tourist visa. 
How can she (or I) find out if she received any sort of ban for the misrepresentation part?

Apply for a visa.