Issued B1 Visa without looking at my non- immigrant waiver

[krithiks]

Hi,
I travelled to US in the year 2000 and returned to India for 2 weeks vacation in sept 2001. When i tried to enter US again in Oct 2001, i was questioned at the port of entry at Dallas and i was given expedited removal order with sec 212(a) 6ci which i believe its a lifetime ban. I was given this order as my employer had terminated by H1B Visa and i knew this only at the time of entry. Although, i did not want to go back to US for a long term, my current organization wanted me to travel to US for 2 weeks for attending conference. I worked with the attorney and she prepared me the INA 212 D Non-immigrant waiver and asked me to submit during my B1 VISA interview. I went to the consulate in hyderabad , India on June 2014 and when i was trying to explain my case and requesting the consular to review my waiver...he simply ignored and said i dont need waiver and issued a VISA.
Although i have a B1 visa, i dont want to travel until i am certain that i am eligible to enter US. Can somebody advise why would the consular believe that i am not banned when i am sure that i have a record that was issued to me in the year 2001.
Also my passport had the expedital removal order but still i was issued a VISA.
I am also trying to obtain the records via FOIA but may i request if anybody in this forum to advice on what i should do? I am working as a Manager in a MNC company over the last 12 years and my work expects me to meet the client at least for a week for a project work. I am not sure what i can do now even though i have VISA. Appreciate your response.

[Bastad]

Hi,
I travelled to US in the year 2000 and returned to India for 2 weeks vacation in sept 2001. When i tried to enter US again in Oct 2001, i was questioned at the port of entry at Dallas and i was given expedited removal order with sec 212(a) 6ci which i believe its a lifetime ban. I was given this order as my employer had terminated by H1B Visa and i knew this only at the time of entry. Although, i did not want to go back to US for a long term, my current organization wanted me to travel to US for 2 weeks for attending conference. I worked with the attorney and she prepared me the INA 212 D Non-immigrant waiver and asked me to submit during my B1 VISA interview. I went to the consulate in hyderabad , India on June 2014 and when i was trying to explain my case and requesting the consular to review my waiver...he simply ignored and said i dont need waiver and issued a VISA.
Although i have a B1 visa, i dont want to travel until i am certain that i am eligible to enter US. Can somebody advise why would the consular believe that i am not banned when i am sure that i have a record that was issued to me in the year 2001.
Also my passport had the expedital removal order but still i was issued a VISA.
I am also trying to obtain the records via FOIA but may i request if anybody in this forum to advice on what i should do? I am working as a Manager in a MNC company over the last 12 years and my work expects me to meet the client at least for a week for a project work. I am not sure what i can do now even though i have VISA. Appreciate your response.

Ok, so. INA § 212(a)(6)(C)(i) is basically "you committed fraud to get the visa you're trying to use". It reads as follows:

<quote>
(C) Misrepresentation
(i)In general Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter is inadmissible.
</quote>

Cancelling your visa by your employer would rarely, if ever, fall under this category. For your information - for many years this part of the INA was used as a "catch-all" - ie, when you were to be refused a visa, or denied entry, it was "normal procedure" to use this as a reason, when no other reason applied. That's probably the reason why the consular officer just shrugged it off - not that we will know. Good call on doing the FOIA - that should shed light on what happened before

Now what you have to understand (and many, many people do NOT understand this) is that there are two different government entities at work here. The Department of State is the one issuing the visas, while the CBP (Customs and Border Protection, depending of DHS - Department of Homeland Security) is the entity in charge of allowing/denying entry to the US.

A visa is only an authorization for you to board a vessel destined to the US - a ship, an airplane, a bus. Once you arrive to the US at the Port of Entry - you're NOT YET LEGALLY IN THE USA. You're at the door - but you have not yet entered the US. The visa allows you to travel all the way to the front of the door - but the person saying "yes, you may come in" or "no, you have to go back" is the CBP officer reviewing your passport, visa, and other documents.

Which basically means - the Department of State is allowing you to REQUEST ADMISSION to the US, but the final saying is in the hands of the CBP - and neither the Department of State can influence the CBP, nor the CBP can influence the Department of State.

Bottom line: you'll need to travel to the US, show up at the POE, and request admission. The CBP officer will review your passport, visa, documents, and all available information to him - and then decide if you can enter the US or not.

Having a visa doesn't mean you will be allowed entry to the US. Conversely, your previous issues didn't disqualify you from getting another visa, and may not disqualify you from entering the US. The only way to know is to try. Also: if you DO travel to the US and allowed entry, don't assume this will be like that every time. CBP officers have wide discretion on their assessments. In other words: you may travel to the US on August 1st, 2015, and be allowed entry - only to leave, travel again on September 1st, 2015 - and be denied.

[krithiks]

Ok, so. INA § 212(a)(6)(C)(i) is basically "you committed fraud to get the visa you're trying to use". It reads as follows:

<quote>
(C) Misrepresentation
(i)In general Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter is inadmissible.
</quote>

Cancelling your visa by your employer would rarely, if ever, fall under this category. For your information - for many years this part of the INA was used as a "catch-all" - ie, when you were to be refused a visa, or denied entry, it was "normal procedure" to use this as a reason, when no other reason applied. That's probably the reason why the consular officer just shrugged it off - not that we will know. Good call on doing the FOIA - that should shed light on what happened before

Now what you have to understand (and many, many people do NOT understand this) is that there are two different government entities at work here. The Department of State is the one issuing the visas, while the CBP (Customs and Border Protection, depending of DHS - Department of Homeland Security) is the entity in charge of allowing/denying entry to the US.

A visa is only an authorization for you to board a vessel destined to the US - a ship, an airplane, a bus. Once you arrive to the US at the Port of Entry - you're NOT YET LEGALLY IN THE USA. You're at the door - but you have not yet entered the US. The visa allows you to travel all the way to the front of the door - but the person saying "yes, you may come in" or "no, you have to go back" is the CBP officer reviewing your passport, visa, and other documents.

Which basically means - the Department of State is allowing you to REQUEST ADMISSION to the US, but the final saying is in the hands of the CBP - and neither the Department of State can influence the CBP, nor the CBP can influence the Department of State.

Bottom line: you'll need to travel to the US, show up at the POE, and request admission. The CBP officer will review your passport, visa, documents, and all available information to him - and then decide if you can enter the US or not.

Having a visa doesn't mean you will be allowed entry to the US. Conversely, your previous issues didn't disqualify you from getting another visa, and may not disqualify you from entering the US. The only way to know is to try. Also: if you DO travel to the US and allowed entry, don't assume this will be like that every time. CBP officers have wide discretion on their assessments. In other words: you may travel to the US on August 1st, 2015, and be allowed entry - only to leave, travel again on September 1st, 2015 - and be denied.

Thank you Sir for the detailed explanation.. I'll wait for the FOIA response and probably take a call. Thanks again

[krithiks]

Can somebody tell me how long do i need to wait to get a response from FOIA? I submitted the requested on June 19 2005 and it has a estimated completion time as July 21st 2015. But its august now and i am yet to get a response.
I called customer support, but not getting the response. Please let me know.

[krithiks]

FOIA Response

I received a response from FOIA last Friday but it doesnt have any details on the inadmissibility period...Please see below the response that i recieved from FOIA.

NARRATIVE:

Subject applied as an H1B. The secondary officer called the company that he was supposedely working for and it was discovered that he has been terminated. He has no petitions pending. Expedited Removals was approved.

What does this mean..Why there is no ban period in the response. can somebody advise?

[Jashwant]

advise

Hi Bastad..

Could you please advise on the section 212(a)(6)(E)(i)

Thanks

[krithiks]

Ok, so. INA § 212(a)(6)(C)(i) is basically "you committed fraud to get the visa you're trying to use". It reads as follows:

<quote>
(C) Misrepresentation
(i)In general Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this chapter is inadmissible.
</quote>

Cancelling your visa by your employer would rarely, if ever, fall under this category. For your information - for many years this part of the INA was used as a "catch-all" - ie, when you were to be refused a visa, or denied entry, it was "normal procedure" to use this as a reason, when no other reason applied. That's probably the reason why the consular officer just shrugged it off - not that we will know. Good call on doing the FOIA - that should shed light on what happened before

Now what you have to understand (and many, many people do NOT understand this) is that there are two different government entities at work here. The Department of State is the one issuing the visas, while the CBP (Customs and Border Protection, depending of DHS - Department of Homeland Security) is the entity in charge of allowing/denying entry to the US.

A visa is only an authorization for you to board a vessel destined to the US - a ship, an airplane, a bus. Once you arrive to the US at the Port of Entry - you're NOT YET LEGALLY IN THE USA. You're at the door - but you have not yet entered the US. The visa allows you to travel all the way to the front of the door - but the person saying "yes, you may come in" or "no, you have to go back" is the CBP officer reviewing your passport, visa, and other documents.

Which basically means - the Department of State is allowing you to REQUEST ADMISSION to the US, but the final saying is in the hands of the CBP - and neither the Department of State can influence the CBP, nor the CBP can influence the Department of State.

Bottom line: you'll need to travel to the US, show up at the POE, and request admission. The CBP officer will review your passport, visa, documents, and all available information to him - and then decide if you can enter the US or not.

Having a visa doesn't mean you will be allowed entry to the US. Conversely, your previous issues didn't disqualify you from getting another visa, and may not disqualify you from entering the US. The only way to know is to try. Also: if you DO travel to the US and allowed entry, don't assume this will be like that every time. CBP officers have wide discretion on their assessments. In other words: you may travel to the US on August 1st, 2015, and be allowed entry - only to leave, travel again on September 1st, 2015 - and be denied.

Hi bastad,
I recieved the documents from FOIA...although it has mentioned the sections what i have cited above...i also see a page that has the deportation period varying from 5 years, 10, 15 and life time...I see the checkbox for 5 years what marked for me. Can i assume safely that my deportation period was only 5 years? Please advise.

[tomp307]

Hi krithiks

Where you able to enter US again after you received 212a 6ci

[Libra_14]

Useless to copy/paste your lines across multiple old threads.