How do I know if I'm permanently banned from entering the U.S.?
I was arrested for domestic violence while I was in the college in the U.S. and I was charged for the same matter, later the court dismissed the case. After that, I return to my home country and applied for F1 visa 2 years ago for master degree, I did not disclose any of those both in DS160 and during the interview when asked, I thought since the case is dismissed I could answer no. Then my case went to Administrative Processing, and during AP the embassy sent me an email asking my court record for that matter, so I emailed my lawyer and got the document and sent it back to them, later the case was denied. And I applied two more times in the same month, both got denied. A year later, I applied another school and applied for it again, and also got denied. All 4 denials are under 214b.
Is this mean I got permanently banned due to material misrepresentation?
I'd be appreciated for any help, thanks!
Best Answer
INA214(b) is not a permanent ineligibility. You can reapply anytime. The consular officer could have concluded you were inadmissible under the criminal or material misrepresentation provisions of INA 212 but he chose not to.
That is a good thing. The dropped charges lead the consular officer to believe that the alleged activity did not mean you had committed a crime of moral turpitude on preponderance of the evidence (a lower standard than required for a criminal conviction).
Secondly, the consular chose not to find you inadmissible for wilful material misrepresentation. That means he believed that you were either not wilful or that the fact was not material. It was probably the latter. Since your alleged criminal activity would not have/did not lead to a finding of inadmissiblity, your omission did not lead to a material misrepresentation. That means your visa would have been refused even if you had disclosed the charges which in themselves would have had no effect on your visa.
Unfortunately, your apparent lie will always be part of your USA visa application record. This will cause the consular officer to doubt whatever you say and make it more difficult to obtain a visa in the future. However, the main reason for your refusal was not your alleged criminality or misrepresentation. It was your lack of ties to your home country.
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What gets you banned from America?
Reasons someone would be denied entry to the United States are primarily criminal, financial, health-related or immigration related.Can I enter US after 10-year ban?
This 10-year bar is required regardless of whether you have an immediate relative who is a United States citizen. Once 10 years have passed since your date of last departure you may file Form I-212 to seek consent to reapply for admission to the United States.Can you be banned from the United States?
Such bans are often temporary, depending on the circumstances of each case, however, anyone previously deported or denaturalized is automatically barred from re-entering the United States without a waiver issued by the U.S. Department of State.Can you come back to the US after being deported?
If you were ordered removed (or deported) from the U.S., you cannot simply turn around and come back. By the legal terms of your removal, you will be expected to remain outside of the country for a set number of years: usually either five, ten, or 20.How to Know if You Have ADHD
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