Life Ban: Officer thinks he lied

[Just Observing 34]

11 hours ago, Legumes said:

More information: 

His wife and daughters have the 10 year tourist visas. In fact, all of his brothers and sisters have tourist visas or some form of legal status. He also takes a lot of evidence to show where he works and what his degrees are. 

 

They should proceed with caution. Many innocent dependents of people particularly in South America have had their visas revoked after a guardian or spouses visa was refused/revoked. Google for more info

Edited May 26, 2019 by Just Observing

[Unlockable 7,315]

17 hours ago, Legumes said:

My brother in-law was granted a temporary visitor's visa in 2014 and he came for 2 weeks to the US then and left when he was supposed to. 

When he applied for the visa again, he was banned for life. The consulate officer did not believe he was an English teacher (but he is and has been for years). He did not believe him because he didn't think his English was good enough. 

My brother in law just applied again for the visitors visa but was told he had a life ban from his previous interview. 

Is there anything he can do to challenge this? How can he get the ban removed? He never lied and the last time he came into the US he came in legally and did not over-stay his visa. He just wants to be able to visit us. 

Quote

 

Hi everyone! Thank you all for your responses. I think you guys are right and it has nothing to do with them not believing he was an English teacher. 

So, I asked him for more information and here is the update:

He was barred under 214(b): (not enough strong ties back home) and 212(a)(9)(c)(i): (He had come in the US illegally after 1997 and stayed for more than a year and came in more than once illegally). 

My question is this: In 2003 he left he US for the last time (voluntarily) and in 2014 he applied for a tourist visa AND  was granted a temporary one (for one year). He was told something about applying for a waiver at that interview. Either way, that same year, he came and visited the United States LEGALLY and was granted 2 weeks and returned without overstaying his visa. When the year was up, he went to renew his tourist visa (hoping it would be granted for the regular 10 years) but instead he was told he had a life ban based on 214(b) and 212(a)(9)(c)(i). He went to apply again this year and was just told the same thing. Is there anything he can do? Why would he be given a temporary visa and allowed to visit the US as a tourist when he was barred for life? It doesn't make sense to me that they would have allowed him in back in 2014 but not now. Would it have something to do with the waiver they had told him about? He has no idea what waiver they referred to back in 2014 and, either way, he was granted entry after that appointment anyway.  Would the waiver be form I-212? 

 

More information: 

His wife and daughters have the 10 year tourist visas. In fact, all of his brothers and sisters have tourist visas or some form of legal status. He also takes a lot of evidence to show where he works and what his degrees are. 

 

OK, I'm going to be frank here. I don't think your BIL is being forthcoming on a lot of things. He has been trickle truthing you and it was only after you inquired further that you got more info. Even the valued members of this site that don't even personally know you figured out from your first post that things did not add it. If the people on this site was able to do that, then he stands no chance against a seasoned immigration officer.

 

 

 

11 hours ago, Legumes said:

Why would he be given a temporary visa and allowed to visit the US as a tourist when he was barred for life? It doesn't make sense to me that they would have allowed him in back in 2014 but not now. 

Seems to me that there are two things that might have happened for him to get another visa on 2014. 1) He may have manipulated or falsified information to be granted a visa in 2014. Or 2) US immigration made a mistake by not catching is ban back then but have since caught the mistake. Either way, they definitely have his ban on file now. And if he did falsify his way to another visa in 2014, that makes his to be able to get another visa below zero.

 

 

Quote

He went to apply again this year and was just told the same thing. Is there anything he can do?

The ONLY thing he can do is apply again. But it will be futile based on his history. He is likely not to get another nonimmigrant visa again.

You have to look at it this way. He had the privilege of being able to visit the US. A privilege a ton of people in the world can't have. He broke the rules (possibly twice) and now that privilege has been taken away. He is now still trying to seek entry into the US even after knowing breaking the rules. These are not the people that US immigration officers want to give visas to. America does not have a shortage of people applying for visitor visas. So the way they see it, is if your BIL can't follow the rules, there are millions upon millions of others who can. This is why the chance of him getting another visa is low to nonexistent.

 

It is time for you to have a serious talk with your BIL to make him realize he is not coming back to the US. A lot of people from other countries do not understand the gravity of breaking rules in the US. This is because in their own country, they can manipulate, bribe, or plead their way out of things. He now has a permanent ban for misrepresentation which is something that does not go away over time. It will remain with him. Simply reapplying and trying different methods will not work. Also, IF (and I say "if" in case you find out the whole story and that he did, in fact, misrep) he did misrep, then he should understand the consequences of his actions. 

 

Besides that... there is nothing else for your BIL to do in regards to immigration.

[Boiler 45,884]

9C is a lifetime bar waiverable after 10 years, so after 10 years he can apply again for a B Visa and at the Consulates discretion they can recommend him for a waiver if he is otherwise approvable.

 

With his history that seems a somewhat unlikely event.

 

 

[Amadia 711]

Sounds like your BIL wasn't truthful on his tourist Visa application back in 2014. Research by the IO possibly led to the discovery of all previous illegal entries....sorry, but it seems like lifetime ban is appropriate in this case. 

It's like Lincoln's adage: 

You can fool all the people some of the time and some of the people all the time, but you cannot fool all the people all the time.

[Legumes 3]

According to him he has been truthful the whole time (but I don't go with him to his interviews so I can't be sure of what is said). The last time he left the US while being illegal was in 2003. He hasn't been back since, except for the 2 weeks he legally entered in 2014. 

There are definitely things that don't add up. I, agree, and think something must have happened in 2014 for his visa not to have been renewed. I wonder what type of waiver they told him about when he obtained the temporary visa.  Maybe he was suppose to obtain the waiver before crossing in 2014? But then why would the border agents let him cross? Everything is just so confusing, I guess I just want to help him but there is no way for me to know what can be done as I don't know for certain what went on at the interviews. 

[SalishSea 18,058]

15 hours ago, Legumes said:

Hi everyone! Thank you all for your responses. I think you guys are right and it has nothing to do with them not believing he was an English teacher. 

So, I asked him for more information and here is the update:

He was barred under 214(b): (not enough strong ties back home) and 212(a)(9)(c)(i): (He had come in the US illegally after 1997 and stayed for more than a year and came in more than once illegally). 

My question is this: In 2003 he left he US for the last time (voluntarily) and in 2014 he applied for a tourist visa AND  was granted a temporary one (for one year). He was told something about applying for a waiver at that interview. Either way, that same year, he came and visited the United States LEGALLY and was granted 2 weeks and returned without overstaying his visa. When the year was up, he went to renew his tourist visa (hoping it would be granted for the regular 10 years) but instead he was told he had a life ban based on 214(b) and 212(a)(9)(c)(i). He went to apply again this year and was just told the same thing. Is there anything he can do? Why would he be given a temporary visa and allowed to visit the US as a tourist when he was barred for life? It doesn't make sense to me that they would have allowed him in back in 2014 but not now. Would it have something to do with the waiver they had told him about? He has no idea what waiver they referred to back in 2014 and, either way, he was granted entry after that appointment anyway.  Would the waiver be form I-212? 

 

More information: 

His wife and daughters have the 10 year tourist visas. In fact, all of his brothers and sisters have tourist visas or some form of legal status. He also takes a lot of evidence to show where he works and what his degrees are. 

Amazing how much difference having the whole story makes....

[geowrian 22,338]

Agreed - trickle truths are just starting to tell the bigger story. Sounds like a 9C bar to me as well - only eligible for a waiver after 10 years outside the US (and even then not likely unless it's for an immigrant visa).

[EM_Vandaveer 2,408]

1 hour ago, geowrian said:

Agreed - trickle truths are just starting to tell the bigger story. Sounds like a 9C bar to me as well - only eligible for a waiver after 10 years outside the US (and even then not likely unless it's for an immigrant visa)

Maybe have a child born in the US? Long game but in 21 years he/she could sponsor him & he'd have a shot at the waiver then.

[Boiler 45,884]

3 minutes ago, EM_Vandaveer said:

Maybe have a child born in the US? Long game but in 21 years he/she could sponsor him & he'd have a shot at the waiver then.

Children are not qualifying relatives for a waiver.

[EM_Vandaveer 2,408]

Just now, Boiler said:

Children are not qualifying relatives for a waiver.

Completely missed that, sorry....