Withdrawal of Application for Admission on VWP

[Dovydas 0]

Hello everyone,

 

Last year in March I wanted to visit my girlfriend at the time but my entry to US was rejected under INA section 217 212(a)(7)(A)(i)(I) which says Inadequate Documentation. However, main reason why they rejected me, because last time on VWP I said that I engaged in unauthorized employment (they kept asking, so I didn't want to lie and get ban of 5 years). 

 

Now I am close to K-1 visa interview stage and having some nervous time. So my question is, during the K-1 interview if they ask why I was rejected entry, should I say because of inadequate documentation or that because on my last trip I worked illegaly on ESTA?

 

I know that I can't lie during the interview and be honest, but saying inadequate documentation feels like not being completely honest and saying about working illegaly feels like some kind of red flag and they won't approve me.

 

I would appreciate any help or experience.

[Blondie26 43]

I think you should tell them exactly what is on the rejection paper you received.  During my K1 visa interview, I was asked why my previous visa application was denied, I just told the CO I don't know and nothing was explained to me. 

[Boiler 45,486]

They will have your records, they are going to know,.

[Family 3,988]

Best be truthful , as there is an actual log of the questions asked and answers you provided. You should get a copy of that POE encounter , file a CBP FOIA . It’s free 

https://www.cbp.gov/site-policy-notices/foia

 

Although you were allowed to withdraw your application for entry without a 5 year ban , you did violate immigration law by working without authorization and it’s more than likely you will be found inadmissible and need an i-601 Waiver. 
 

If that is the case, get married , do I-130 then I-601 for better chances. 
 

[Kai G. Llewellyn 837]

Did you actually illegally work or did you just cave to their pressure and admitted to something that you didn't do? If you did, you will be directly asked about that, and will need to be truthful. That is on top of the withdrawal of your application for admission.

 

Edited June 23, 2022 by Kai G. Llewellyn

[Demise 1,283]

4 hours ago, Family said:

Best be truthful , as there is an actual log of the questions asked and answers you provided. You should get a copy of that POE encounter , file a CBP FOIA . It’s free 

https://www.cbp.gov/site-policy-notices/foia

 

Although you were allowed to withdraw your application for entry without a 5 year ban , you did violate immigration law by working without authorization and it’s more than likely you will be found inadmissible and need an i-601 Waiver. 
 

If that is the case, get married , do I-130 then I-601 for better chances. 
 

Why in the world would they need an I-601? Unauthorized employment is only a bar to AOS under most circumstances, it does not trigger any inadmissibility (well unless you pretended to be a USC where you're boned and I-601 won't waive it).

[Family 3,988]

7 minutes ago, Demise said:

Why in the world would they need an I-601? Unauthorized employment is only a bar to AOS under most circumstances, it does not trigger any inadmissibility (well unless you pretended to be a USC where you're boned and I-601 won't waive it).

Finding is for fraud/misrepresentation as per FAM. Linking a denial of just such an I-601 w rich citations.https://www.uscis.gov/sites/default/files/err/H5 - Waiver of Inadmissibility - Misrepresentation - 212 (i)/Decisions_Issued_in_2012/Apr052012_01H5212.pdf ..

 

[Family 3,988]

12 minutes ago, Demise said:

Unauthorized employment is only a bar to AOS

@SkolVikes is my hew hero , single-handedly challenging  consular finding of fraud/ misrep for prev unauthorized employment.

[Chancy 6,241]

*** Moved from K1 Progress Reports to K1 Process & Procedures ***

 

[SkolVikes 19]

Hello,

 

A few nights ago I was sitting in my bed and watching youtube when I came across an interesting channel. It pertains to visa officers. This in particular one I am pasting worked as an officer for like 20 years IIRC. https://www.youtube.com/watch?v=VwyHGb-oc64&t=3309s

 

 

What I am getting at is these people are trained professionals and know how to ask questions. So if you versed back exactly what the paper says they are going to want more detail. Being evasive isn't going to work. Whatever you initially told them you will likely want to stick to IMO. I haven't looked into the particulars of this case but I will say this: I petitioned for my wife then fiance about 12 years ago and filed a  I-601(over stay). To prove hardship was extremely difficult, and looking back at it I probably got lucky winning the waiver.  These officers are giving a lot of power, if I were you I would try to control the narrative of the interview to the best of your ability without over speaking and by sounding authentic. You're going have to sell yourself as you are your only advocate here. Make sure you make your intent of your initial visit known. Which was for "tourist" purposes (visiting family, sight seeing, etc.)

Edited June 23, 2022 by SkolVikes

[Boiler 45,486]

I going to disagree and I have been through London and being nosy watched others being interviewed 

 

There will be a lot of shuffling of papers and a few questions, certainly be open and friendly but you do not control the interview sic and you certainly do not want to raise anything.

 

As an aside most well prepared waivers are approved.

 

The old adage is do you know the time?

 

Answer is yes or no 

[African Zealot 1,455]

Don’t volunteer anything. If they ask direct answers answer honestly. However from what you’re saying you don’t know for certain why you were denied entry so no need to tell them it was for unauthorized work. Stick to what’s the paperwork, nothing more.

 

The onus is on the consular officer to go and dig if he/she is so inclined. Unfortunately honestly in these situations CR1 is better, consular has much more latitude to deny the K1 and sometimes in such situations they kick the can down the road by refusing you and waiting for you to come back if/when you get married.

Edited June 24, 2022 by African Zealot

[Cathi 5,748]

Just answer the questions they ask truthfully. If they don't ask, don't offer. Besides, they already have everything on record.

[TBoneTX 45,286]

42 minutes ago, Cathi said:

truthfully

This is the core of the matter.  Do not LIE.

[Dovydas 0]

 

9 hours ago, Demise said:

Why in the world would they need an I-601? Unauthorized employment is only a bar to AOS under most circumstances, it does not trigger any inadmissibility (well unless you pretended to be a USC where you're boned and I-601 won't waive it).

Correct. I'm pretty sure I don't need a waiver and as I checked I-601, my mentioned section doesn't fall into categories who need to file it for AOS as well. But AOS is later, now need to focus on K-1 interview.