Visa rejected and not recommended for waiver of ineligibilty at this time!

[FS visa 0]

I applied for a visa in December 2022, had an interview at the US consulate and received the rejection on following: I have a conviction in 2015 that I totally regret- long story as it was a comple case and offence   in 2009/10 I was a CEO and convicted of false accounting after I whistleblew on the chairperson ( he wasnt convicted) I turned my life around and managed to geat another senior osition However, I travelled to the US in 2018 or a worldwide conference and travel arrangements and visa organised through company However, after applying for a visa 2 years ago I was told the following refusals. I now have another post at Eec level and will most likely have to tracel to the US in 2025 as HQ is there I need to apply for a waiver ineligibilty How do I fight my case Ive worked for global charities and have owned my mistakes and given back Please help - thank you 

· 212(a)(2)(A)(i)(I): Crime(s) involving moral turpitude;

 212(a)(6)(C)(i): Misrepresentation when applying for entry into the U.S. in 2018.

  Given the circumstances of your case, and based on the factors described above, we have decided not to recommend a waiver of ineligibility at this time. 

[Boiler 45,441]

You can reapply, there is no limit on the number of B applications you can make.

 

With that history whether it is worth the time and money is for you to decide.

[FS visa 0]

Would anyone else have advice This was a false accounting conviction that I was scape goated for I know of applicants who had violent crimes and accepted? Thank you 

[SteveInBostonI130 3,432]

31 minutes ago, FS visa said:

Would anyone else have advice This was a false accounting conviction that I was scape goated for I know of applicants who had violent crimes and accepted? Thank you 

 

That, by itself, may have allowed you to apply for the waiver.

 

The real issue is the misrepresentation in 2018.  I assume that you did not disclose the conviction on the 2018 visa application?

[Crazy Cat 41,804]

1 hour ago, FS visa said:

212(a)(6)(C)(i)

That brings a lifetime ban.  This would be a huge mountain to climb.

[appleblossom 2,435]

51 minutes ago, FS visa said:

Would anyone else have advice This was a false accounting conviction that I was scape goated for I know of applicants who had violent crimes and accepted? Thank you 

 

Forget the crime, as said above, that's not the issue here. The misrep is, and there's no chance of you travelling to the US next year.

 

Might be worth consulting a really good lawyer? To see if there's any chance of overcoming this at some point in the future. 

 

 

[FS visa 0]

2 minutes ago, appleblossom said:

 

Forget the crime, as said above, that's not the issue here. The misrep is, and there's no chance of you travelling to the US next year.

 

Might be worth consulting a really good lawyer? To see if there's any chance of overcoming this at some point in the future. 

 

i      My 2018 visa was organised through the company It was an intentional misrepresentation I was in the US for 3 days 

2 minutes ago, appleblossom said:

 

 

[FS visa 0]

I work for a US Charity with a base in the UK and will most likely need to attend a meeting. Need help How do I explain on my D-160 form and additional information for a consulate interview - thank you 

[appleblossom 2,435]

8 minutes ago, FS visa said:

I work for a US Charity with a base in the UK and will most likely need to attend a meeting. Need help How do I explain on my D-160 form and additional information for a consulate interview - thank you 

 

You don't. They will decide at the interview if you are eligible for a waiver.

 

11 minutes ago, FS visa said:

i      My 2018 visa was organised through the company It was an intentional misrepresentation I was in the US for 3 days 

 

 

Did you mean 'unintentional'? What is the exact reason for the misrep? Did you travel on VWP or a B visa?

[FS visa 0]

It was an unintentional misrepresentation - apologies for typo 

[appleblossom 2,435]

5 minutes ago, FS visa said:

It was an unintentional misrepresentation - apologies for typo 

 

OK. VWP or B2? 

[FS visa 0]

17 minutes ago, appleblossom said:

 

You don't. They will decide at the interview if you are eligible for a waiver.

 

 

Did you mean 'unintentional'? What is the exact reason for the misrep? Did you travel on VWP or a B visa?

I travelled in 2018 on the ESTA and in 2022, I applied for B1 that was rejected as above - thank you 

 

[appleblossom 2,435]

2 minutes ago, FS visa said:

I travelled in 2018 on the ESTA and in 2022, I applied for B1 that was rejected as above - thank you 

 

 

OK, so presumably the conviction wasn't declared on the ESTA? And that's where the misrep has come from?

 

I think you need to forget travelling next year, not going to happen, but you need to find out if you have a lifetime ban or if it may be possible to overcome this in the future. Maybe worth doing a FOIA request to get a copy of your file?

 

And I'd definitely consult a good lawyer, this isn't a DIY case IMO. 

[Marieke H 2,496]

Talk to your employer about attending meetings virtually, because I don't think you will be traveling to the US anytime soon. Many organizations have become quite good at having meaningful virtual meetings, especially since the pandemic.

 

With an experienced lawyer, you may be able to overcome this in the future, but this is not something you can do by yourself.

[SalishSea 17,801]

2 hours ago, FS visa said:

I work for a US Charity with a base in the UK and will most likely need to attend a meeting. Need help How do I explain on my D-160 form and additional information for a consulate interview - thank you 

You won’t be getting a visa to attend an in-person meeting.   Misrep is serious in the world of US visas.  Waivers are adjudicated based on proven extreme hardship to US citizens/permanent residents, so very unlikely in the context of a tourist visa.

Edited October 22 by SalishSea