Revoked B1/B2 Visa

[SaraBVORD 0]

Hello there,

My husband and I are English Teachers/ Interpreters living in Mexico.  He is Mexican & I have dual citizenship (Mexico-US).  We have 2 sons (22 & 19, both with dual citizenship as well (Mexico-US)) living & studying in the US.  We have been married for 28 years and all this time we have resided in Mexico.  We have frequently traveled to the US and my husband has NEVER overstayed his visits.

 

In Sept. 2010, he traveled with a client/student to San Antonio, Texas as an interpreter for this person who had a real estate venture in that city. Then, in Dec. of that same year, we were spending Christmas in Chicago, when that same client/student contacted him and said he would be in the city with his family and if we could show him around for a few days.  We agreed.  The day this client/student arrived at O'Hare Airport, he was met with Federal officers who arrested him and charged him with white collar crimes.  His wife, who spoke no English whatsoever, freaked out and immediately contacted us.  We accompanied her as interpreters on some visits with the court appointed attorney.  And my husband specifically accompanied her on 2 visits to the Federal prison to see her husband.  Once again, he was present as an interpreter and showed his Mexican passport as form of ID.   The client/student remained in prison and his family returned to Mexico a few days later.  We carried on with our planned holidays and later returned to Mexico.

 

In February of 2011, just a month later after our return to Mexico, my husband had to go back to Chicago to visit his sister but was not allowed to board in Mexico because his tourist visa had been revoked.  The client/student was eventually charged with drug trafficking & extorsion to which he pleaded guilty.  He served a 4-5 year sentence and was released some time around 2015.  

 

My husband has applied for his tourist visa at least once a year since then and every time, it is denied under section 214(b), which we believe is just an excuse and basically he is "guilty by association" because of his former client/student. We were told to request an FBI Identity History Summary which we did and have received confirmation that he has no prior arrest data at the FBI, which we already knew. He wants to re-apply for the visa since he would love to be able to visit our sons in Chicago but what other documents can he present that might help his chances?  We were told to also request a FOIA: FBI which we already did but are waiting on a response.

 

He does not want to apply for residency since moving to the US is not in his plans, but we feel that we are being pressured into doing so.  And if I do petition him as my spouse, what are the chances that he will be denied as well?

 

Thanks in advance for any advice you can offer.

 

[SusieQQQ 11,587]

Is working as an interpreter in the US allowed under the terms of a B1? - wondering if this was actually the reason for the visa being revoked?

Edited August 28, 2018 by SusieQQQ

[SaraBVORD 0]

Gee, I am not sure.  But he was hired in Mexico and paid in Mexico for a week's work in San Antonio.  As for the help offered his wife, no money was exchanged nor fees charged.

[SusieQQQ 11,587]

9 minutes ago, SaraBVORD said:

Gee, I am not sure.  But he was hired in Mexico and paid in Mexico for a week's work in San Antonio.  As for the help offered his wife, no money was exchanged nor fees charged.

You don’t need to be paid for the work to be disallowed - common misconception. US perspective would be that it took work away from a resident translator. And once the terms of a non-immigrant visa have been violated it’s hard to get a new one. (I’m not sure if this gels with a 214b rejection, through.)

[Ben&Zian 4,398]

Could be as he was being seen as actually working where as B1 is normally for conferences/shows and such. Obviously under a B2 no work is allowed ever. That could definately be part of the cause not having anything to do specifically with the whole court ordeal or association (though guilty by association does occur I'm sure). Perhaps being nice and trying to help someone actually backfired? Has happened before.

Edited August 28, 2018 by Ben&Zian

[az2014 381]

So he went to the US on a tourist visa and ended up working there and you are surprised his visa was cancelled?

[Boiler 45,930]

I assume it may be a combination of the work and the connections he had, any visitor visa is by definition discretionary.

[Roel 7,193]

Yeah, 0 chance of tourist visa ever for him.

If you don't want to move to the US permanently, don't bother with the spouse visa. The green card can't be used as a tourist visa, it will result in the green card being taken away.

 

Honestly? Sounds like he was tempting fate by working in the US on his tourist visa. Plus some connections to criminals.  Not sure why you're surprised that it was canceled.

Edited August 29, 2018 by Roel

[geowrian 22,338]

A USC wife + child puts him at a large risk for overstay in the first place. The past work could be a factor as well. The past ties to drug trafficking might be part of it as well, but I'm not convinced this played much of a factor (if any). The biggest factors are the weak ties to return home (can work in US - legally or not -and has close family ties to the US), hence the 214(b) refusal.

[Crazy Cat 42,046]

It seems to me he was spending a LOT of time in the US before the visa revocation.  Those lengthy stays, combined with the unauthorized work, and a USC family are enough factors to cause the revocation.....and every denial adds a mark to his record.....

His only hope, imo, is to show some very strong ties to Mexico.....good luck.

[randomstairs 309]

I doubt the denial had anything to do with his "work" in the US. It was more likely his ties to Mexico, connections in the US and the length of his stay. Unauthorized work would constitute a much more active engagement in the kind of activity for which payment of some sort could be reasonably expected.

 

Helping a neighbor taking her garbage out wouldn't count. Doing the dishes in your home or even after leaving a private party doesn't count (even though a USC could hypothetically be hired to do the same). Holding a door to someone doesn't count. All of the above are technically "work" but there is no reasonable ground to expect compensation for it.

 

There is discretion involved in these decisions, of course. If the Officer had a reason to believe he was doing the interpreting "work" for a potential gain, then sure, that could've been grounds for the denial. But simply showing up in court/prison to help with whatever the process might have been is hardly "work". There are cases of CBP officers looking for anyone who could help interpreting a mysterious language, among passengers from the same plane (that's just being practical and pragmatical). Technically every motor activity can be thought of as "work".  

 

So I highly doubt that was his main issue if at all. 

Edited September 1, 2018 by randomstairs