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Immigration, work visa and work permit discussion board
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The visa waiver form is very clear on this. Question D states "Are you seeking to work in the U.S.; or have you ever been excluded and deported; or have been previously removed from the United States; or procurred or attempted to procure a visa or entry into the U.S. by fraud or by misrepresentation?" When he answered "no", he lied. The fact that he was travelling on a new nationality is not relevant.christina wrote:Problem: when he was a teenager and a visa national for the USA, his mother arranged his visas through a third party which ultimately was discovered to be fraudulant. He was asked to leave which he did. It is now over 15 years later. Three years ago he went on holiday there using his new British passport and at US immigration they asked him numerous questions e.g. did he ever have problems with US immigration - and he answered 'no' as he thought his ban was over and he was also travelling as a new nationality.
When they interrogated him, did he tell them about being deported from the US? Did they find out?christina wrote:They put his passport in a red file and was sent to be interrogated in another room. They allowed him into the country and we enjoyed our holiday.
Applying for a visa when you are eligible for the VWP is apparently a bad idea, as it seems to trigger suspicion. If on the other hand he is not eligible, then he entered the US illegally three years ago. I don't know what the consequences of this (or of lying at the PoE) can be. There are not many people here who are familiar with US immigration, but you may want to ask on this forum. There are some US immigration lawyers who sometimes post there, and they can be very helpful. Good luck.christina wrote:Now that we want to go again and particualrly as it's for business, he thinks it's best to arrange a business/holiday visa just in case. What are the chances the US Consulate will reject his visa based on his past?
The problem is that if you have ever been denied entry into the US you cannot use the Visa Waiver Program. It doesn't matter if they made a mistake, or if you won your case later. See here. The reason why he was stopped may have been that they found a record of someone with the same name and DOB being denied entry 15 years ago. It's probably going to happen again the next time, and the officer at the point of entry may well decide to deny him entry. In that case, he won't be able to appeal the decision, since you waive this right when using the VWP.christina wrote:I must add that he was voluntarily deported as he was trying to re-enter the US at the Canadian border 15 years ago, and he won his case on the 'fraudulant' visa issue.
It doesn't matter if they made a mistake,
:-) If that is really true, then i think the best job for anybody in the entire planet will be to be an Immigration officer. You can make keep making mistakes and it will be the victim who will pay for the officer's mistakes.
It is true. The visa waiver form, which you must sign in order to be admitted, states "I hereby waive any rights to review of appeal of an immigration officer's determination as to my admissibility, or to contest, other than on the basis of an application for asylum, any action in deportation." If you want right to appeal, then you need to travel with a visa.British wrote:
Whenever any kind of public official makes a mistake, it's usually the victim who pays. They have very little incentive to be nice to their "customers".British wrote: then i think the best job for anybody in the entire planet will be to be an Immigration officer.