5yr US visa ban over but consular still denied me visa
I went to a visa interview 6 years ago and was asked if I was pregnant. Due to pressure from such questions, I said no. Then later said I was not sure. The consular recorded the No answer and gave me a visa. On arriving the US, immigration officers asked for my docs and noticed I had been pregnant before the interview. By this time I was 36 weeks pregnant. I went through several questioning and intimidation and as a first time pregnant woman who was a first time in the US I had to just agree and say yes I knew I was pregnant so I can just be let to go home as no one cares for my condition. They gave me a 5 yr ban from us entry.
Now it's 6 yrs. I have 2 kids and my husband works most of the time in US and has been travelling without us for the past 5 yrs. This distance is affecting the family. I applied for a new visa and the consular says my previous ban which has exceeded the given 5 years is still on. He refused me and my kids visa. I really feel bad about this. I work in a major oil and gas firm as an engineer. This denial is really hard on my family. I was told 5 years and we managed through the 5 yrs to stay without my husband. It's the 6th year. Why am I being denied and treated like this? However the consular said I can reapply but would have to convince the next consular. What can I do? Please advice me. I'm so pain and feel useless right now.
Edit from answer:
My intention is just to be able to visit US with our kids and return for now. My husband travels bimonthly to the US for work. I really don't know any immigration lawyer that can help.
Best Answer
Just because your ban is over doesn't mean you will be admitted to the US.
A ban means you are automatically unable to get a visa. After the ban is over, they will consider your application. Unfortunately the fact that you lied on an application in the past (that is how they see it, whatever reasons you give) means that they are likely to consider you a bad risk and deny you a visa, which they are perfectly allowed to do.
There are things you can do to try to fix this, but you absolutely need to consult a good US immigration lawyer. This is true even if you are attempting to visit the US rather than immigrate.
If you don't know a good immigration lawyer (and most people don't) you could try getting you husband to ask around at work. Someone probably knows one.
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Can you get a visa after being denied?
After being found ineligible for a visa, you may reapply in the future. If you reapply for a visa after being found ineligible, with the exception of 221(g) refusals, you must submit a new visa application and pay the visa application fee again.How many times can we apply for US visa after rejection?
As per some immigrant department of certain countries, you cannot reapply immediately after your visa application was rejected was because the conditions due to which it was refused will not change overnight. Hence, you can only reapply in most cases six months after the refusal of your visa application.What happens if my US visa is refused?
When your visa application is refused under section 221(g), you will be given a written letter notifying you of the visa refusal and will have 12 months from that date to submit the requested documents without having to reapply and without having to pay a new visa application fee.Can you appeal a denied US visa?
Generally, only the petitioner may file an appeal or motion of a denied or revoked visa petition.10 Reasons Your US Visa May be Denied
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Answer 2
To answer your question, let's note the only people who have a right to enter the USA are US citizens. All others are issued a visa and/or admitted at the pleasure of the consular officer and immigration officer at the airport.
The fact that your period of inadmissibility is over only means that you should not and cannot legally be automatically denied a visa. That said US immigration definitely remembers your past transgression and it weighs heavily on your trustworthiness. USA immigration tends to take the viewpoint that a person who lies is capable of other unethical and/or illegal behavior and cannot be trusted not to do so once they arrive here. Americans take lying very seriously as I have learned in my time in this country.
At this time, many people are having their visas voided for the least infraction, and sometimes for no infraction, just suspicion. With this current administration, there's probably nothing they dislike more than birth tourism or suspected birth tourism.
Amid crisis, Venezuelans say US is revoking tourism visas
The above are just a few very recent examples of women whose visas got revoked for suspected birth tourism. Your chances of reentering the USA again, and particularly under this administration are slim and none. In my humble opinion retaining the services of a competent attorney is a waste of time and money.
If perhaps however your father or fathers friend or boyfriend is a congressman or senator or politically connected, your chances could be better
They are the models who could bring down a senator.
Sen. Robert Menendez mobilized his staff to secure a visa for a Brazilian actress who posed nude on the cover of Sexy magazine; he stepped up for a sultry Ukrainian student who wanted a plastic-surgery consult; and he directed a staff member to “call Ambassador asap” in order to reverse a visa denial to a 22-year-old Dominican model.
The young women were all paramours of Dr. Salomon Melgen, 60, a married eye doctor and one of Menendez’s biggest donors, prosecutors charge.
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