212 (a) (7)(B)(i)(II) and 212 (a)(5)(a)

[bbintoh 0]

Can someone explain this to me as it was a sworn in statement A freind gave when she was refused entry and asked to go get a visa to come back.

This was becus she overstayed her visa waiver program and worked without auth. she was not told of any Ban and was only told of going home and getting a visa to come to the USA any time she wants to visit and cant use her vwp again.

she also had this in her passprt 212(A)(7)(a)(i)(I).

can someone throw more explanation on this for me pls.

Thank you all for you help and good luck to you all. God bless

[john_and_marlene 162]

Can someone explain this to me as it was a sworn in statement A freind gave when she was refused entry and asked to go get a visa to come back.

This was becus she overstayed her visa waiver program and worked without auth. she was not told of any Ban and was only told of going home and getting a visa to come to the USA any time she wants to visit and cant use her vwp again.

she also had this in her passprt 212(A)(7)(a)(i)(I).

can someone throw more explanation on this for me pls.

Thank you all for you help and good luck to you all. God bless

According to INA §212(a)(7)(A)(i), any immigrant who, at the time of application for admission:

who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations, or

whose visa has been issued without compliance with the provisions of the Immigration and Nationality Act,

is excludable.

That part just means they need a visa to enter and can't use the VWP.

The other part is about working

Under INA §212(a)(5)(A), an alien seeking entry for the purpose of seeking skilled or unskilled labor is excludable in the absence of an approved labor certification. This ground of exclusion applies to the second and third employment-based preference categories. For more information regarding employment-based categories, please refer to the article on employment-based immigration.

Edited September 18, 2006 by john_and_marlene

[desert_fox 32]

If you ever overstay a VWP (90 days), the VWP is invalid for another entry and you will require a visa in order to re-enter. The VWP has been invalidated.

[The_dip_sticks 0]

If you ever overstay a VWP (90 days), the VWP is invalid for another entry and you will require a visa in order to re-enter. The VWP has been invalidated.

Will her friend requre a waiver for the stamp in her passprt 212(A)(7)(a)(i)(I) ?

[irishgirl73 0]

a waiver shouldn't be necessary for the overstay on the vwp BUT..................be prepared to answer a lot of questions if they think you worked here illegally

a waiver might be necessary for engaging in unlawful employment-someone please clarify because I could be way off here

[bbintoh 0]

Irish73, what kind of question and will this lead to a refusal or a ban, just in a nutshell. any idea onthis would help, its been 2 years since the person left the country and has establish a strong ties back home, working, owing a house, bank statement etc.

all ideas are welcome and good luck to all.

[zixuandavid 0]

The other part is about working

Under INA §212(a)(5)(A), an alien seeking entry for the purpose of seeking skilled or unskilled labor is excludable in the absence of an approved labor certification. This ground of exclusion applies to the second and third employment-based preference categories. For more information regarding employment-based categories, please refer to the article on employment-based immigration.

Can anyone explain why a consulates denial slip states 'according to INA 5A you do not fulfill the eligiblity requirements for the petitioned visa' (whether K# or CR1). And then goes on to talk about not having a bona-fide relationship [from the consulates' findings]...

Why do they reference the work section, INA 212(a)(5)(A) for denials ??

[diadromous mermaid 36]

And then goes on to talk about not having a bona-fide relationship [from the consulates' findings]...

Why do they reference the work section, INA 212(a)(5)(A) for denials ??

Need more infor on the "talk about bone fide relationship from consulate's findings" to comment. Care to embellish?

The citation of the statute related to work might be referenced in conjunction with a violation of VWP, because if an alien is making frequent trips into the country without maintaining sufficient ties and/or spending sufficient time in their home land before another trip, it could be that the POE suspects that the alien is working here. We'd need more specifics on the event that precipitated this notation to do anything but speculate.

[zixuandavid 0]

And then goes on to talk about not having a bona-fide relationship [from the consulates' findings]...

Why do they reference the work section, INA 212(a)(5)(A) for denials ??

Need more infor on the "talk about bone fide relationship from consulate's findings" to comment. Care to embellish?

The citation of the statute related to work might be referenced in conjunction with a violation of VWP, because if an alien is making frequent trips into the country without maintaining sufficient ties and/or spending sufficient time in their home land before another trip, it could be that the POE suspects that the alien is working here. We'd need more specifics on the event that precipitated this notation to do anything but speculate.

I'm not sure if you guys post sample denial letters.. here is the generic one that I've seen a few times. The question is general to the slip since the slip is given in most cases of denial and/or revocation at The US Consulate in Guangzhou, China. This is a denial slip given as a result of the visa interview; again, cases will vary as to their situation, but they all get this slip under refusal... Coming from China, the beneficary typically has never been to the US, and often never out of their own country...

Here's a sample slip:

http://cflgallery.com/FAQ/revocation_1.jpg

Edited September 19, 2006 by zixuandavid

[Boiler 45,731]

Realistically the chances of getting a B are slim to nil in these circumstances.

But the only think you can do is try, $100 fee I belive.

[bbintoh 0]

This is all very confusing as I wanted to know what 212 (A)(5)(A)(i) ment and if you get this in your passport for overstaying for 13 days on a vwp and working without auth. Do you get ban or not? The person was not given or told of a ban so we want to find out and if anyone has an idea of this situation, Boiler has helped and if you can throw more light on this please.

Good luck to all.

[desert_fox 32]

This is all very confusing as I wanted to know what 212 (A)(5)(A)(i) ment and if you get this in your passport for overstaying for 13 days on a vwp and working without auth. Do you get ban or not? The person was not given or told of a ban so we want to find out and if anyone has an idea of this situation, Boiler has helped and if you can throw more light on this please.

Good luck to all.

you keep on throwing in new issues.,..now you are talking about an invalid relationship.

You cannot reenter again on a visa waiver. You worked illegally, you are inadmissible. You will need a visa to reenter. No Consulate will issue a B2 visa based upon what you have posted. Go to the USCIS site and read the law section and it will explain what the stamps means in legalese.

[Boiler 45,731]

You do not have a ban for a 13 day overstay.

I am assuming that you were refused admission when attempting to use the VWP.

It is difficult for a person from a VWP country to obtain a B, usually an option mainly limited to those who are retired.

Like any Visitor Visa, a B requires you to show non immigrant intent, so somebody who have overstayed a previous visit and has broken the terms of their visa will have a major issue persuading the Consulate to issue them another Visa.

A 3 year gap may not be long enough.

It is an individual call, on individual circumstances, like I said you only have the fee to risk.

[Aussielad 37]

You do not have a ban for a 13 day overstay.

I am assuming that you were refused admission when attempting to use the VWP.

It is difficult for a person from a VWP country to obtain a B, usually an option mainly limited to those who are retired.

Like any Visitor Visa, a B requires you to show non immigrant intent, so somebody who have overstayed a previous visit and has broken the terms of their visa will have a major issue persuading the Consulate to issue them another Visa.

A 3 year gap may not be long enough.

It is an individual call, on individual circumstances, like I said you only have the fee to risk.

not necessarily, i was barely 18 and just got back a few weeks prior to a trip to the U.S., sent off my passport a week after i got back and got a B visa with no problems

[bbintoh 0]

thank you desert fox for your help and also thank you Boiler for your great help and also aussielad. I wish you all the best.

Auusielad i will pm you on a few things.