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Thread: Wrongfully charged of 212 a(6)e

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    Wrongfully charged of 212 a(6)e

    We moved to the US in April-2017 on an L1A visa + L2 dependents visa, sponsored by my company. These were issue in Brazzaville, Congo, which is where my previous assignment with the company was. We set up our home in Houston where I was posted.

    I had gone on a business trip + holiday outside US in Jun-Jul and returned back without any issues. My wife and kids also went to India on holidays all of Jun-Jul and came back middle of August without any issues

    In August that we supported a visit visa for a ex-nanny we had for our kids. She was with us for close to four years in my previous locations in Oman and then in Congo and has been with my wivesí family for 20 years now. My kids (5.5 yrs and 4 yrs) are very emotionally attached to her having grown with her. My older daughter was very traumatized in the US when we came in mid April as she had multiple fractures two days after we landed and I sent them back to India in the first week of June to spend time at my mother-in-laws/parents and recover.

    My wife and me were in US setting up our house etc and wanted to get the kids back before school in August. They were in India for two months with grandparents and the nanny . When they were close to return, they were going restless again and we thought it will be good transition for them if
    their old nanny accompanied them back for a few months visit to us and go back. We proposed this to her, she agreed and accordingly applied for a visit visa, which was rejected. We now think the consulate there applied 212 (a)(6)(e) to me, my wife and my father in law (he is an accountant and he helped attest her financials, as is the norm in our country). We had no intimation about this at all.

    Myself and my wife/kids had visit visas ( B1/B2) issued in Muscat, Oman, where I had worked previously. Myself and my wife got an email from US embassy in Muscat in Sep 2017 telling us that our tourist visas are revoked. I asked them if it was because we were now on L visas in US. They said they can't give reasons by but said we can re-apply for US B1/B2 visa once we leave US

    In second week of October, I left US on a business trip to Europe. On 26'th October, I was coming back from Amsterdam to Houston, via London. While transiting through London, I was stopped by the airport staff and re-directed to a US homeland Security official. She said my US visa was revoked and that I cannot travel to US anymore. I told her there must be a misunderstanding. Showed her the email notice on my B1/B2 visa and that there was nothing on my L1 visa. She made a call or two and came back and struck my visas, both B1/B2 and L1. She gave
    me no reason whatsoever except say that I cannot enter US and she has orders to cancel my visas

    Having a UK visa, I proceeded to my office in London. On advise of our visa department in US, I reapplied for an L1 in London US embassy on 02-Nov. The consular officer said there was nothing on the system against me but she will need a few days to check in the background

    On 13'th Nov I received a post in my UK office stating my L1 visa application is rejected under section 212(a)(6)(e): Alien Smuggling


    My wife and kids are still in the US and am stuck in London. I have not seen them for almost 7 weeks now. My whole career is being threatened at this abrupt act where we have not even been served a notice or asked to explain anything. Please advise us on the next steps. Thanks

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    You will need an attorney to challenge (through LegalNet) the legal analysis used in the consular officers finding of inadmissibility. The consular officers findings of fact are unreviewable, as opposed to if you were still in the United States applying for EB1C permanent residency, where you would have significantly more due process

    I am guessing the consulate was trying to punish you the only way it knew how to, because of the perceived dishonesty in trying to hire your nanny while she claimed it was a social visit. Ironically, as a non-immigrant, you are entitled to bring your paid nanny with you on a B visa, if you show you will adhere to labor practices and minimum wages required in the locality she'd be working

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    Quote Originally Posted by inadmissible View Post
    You will need an attorney to challenge (through LegalNet) the legal analysis used in the consular officers finding of inadmissibility. The consular officers findings of fact are unreviewable, as opposed to if you were still in the United States applying for EB1C permanent residency, where you would have significantly more due process

    I am guessing the consulate was trying to punish you the only way it knew how to, because of the perceived dishonesty in trying to hire your nanny while she claimed it was a social visit. Ironically, as a non-immigrant, you are entitled to bring your paid nanny with you on a B visa, if you show you will adhere to labor practices and minimum wages required in the locality she'd be working
    Thank you. We are trying to consult a couple of lawyers. Is it possible to get waiver or ask for a review in such situations?

    We were aware of the possibility of bringing the nanny on a B visa, but it was supposed to be a visit and nothing more than that. She has lived with us and travelled extensively with us, she is almost like a grandmother to our children

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    Yes, a waiver is available under INA212(d)(3). As a practical matter, you must be contrite about your actions in order to merit a favorable exercise in discretion. This may not be the path you want to take. Furthermore, an immigrant waiver of inadmissibility isn't available in this context, should your employer petition you to emigrate under EB-1C. While you would then be entitled to more due process to contest these finding, at that time USCIS will have on record your admission to conspiring to commit alien smuggling

    You are not entitled to request a review, but an attorney can request that a review be made of the consular officers application of the law. No review is available for a consular officers finding of fact. For example, if the consular officer states in the record that the nanny - when attending her tourist visa interview - admitted that the trip was part of a job gig, there is no means of challenging that. Or, for example, if the consular officer states in the record that the nanny submitted financial documents that were fraudulent

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    Where is your Employers Lawyer in all this?

    Your family's status is dependent on yours so I can see an issue there.

    d3 would first have to be recommended by the CO and then takes 6 months ish.
    Nothing in life is guaranteed, especially anything to do with Immigration.

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    Quote Originally Posted by Coventrated View Post
    Where is your Employers Lawyer in all this?

    Your family's status is dependent on yours so I can see an issue there.

    d3 would first have to be recommended by the CO and then takes 6 months ish.
    The Employer's lawyers are also working on it. But I am trying to pursue my own options, in case I can be more prompt about it vs the corporate lawyers. Can you explain what D3 is please?

    - - - Updated - - -

    Quote Originally Posted by inadmissible View Post
    Yes, a waiver is available under INA212(d)(3). As a practical matter, you must be contrite about your actions in order to merit a favorable exercise in discretion. This may not be the path you want to take. Furthermore, an immigrant waiver of inadmissibility isn't available in this context, should your employer petition you to emigrate under EB-1C. While you would then be entitled to more due process to contest these finding, at that time USCIS will have on record your admission to conspiring to commit alien smuggling

    You are not entitled to request a review, but an attorney can request that a review be made of the consular officers application of the law. No review is available for a consular officers finding of fact. For example, if the consular officer states in the record that the nanny - when attending her tourist visa interview - admitted that the trip was part of a job gig, there is no means of challenging that. Or, for example, if the consular officer states in the record that the nanny submitted financial documents that were fraudulent
    The consular officer never asked her any questions, just screamed at her saying she is lying and said you will not get the visa. The translator told her this, since she doesnt understand English well, especially with the American accent. And after this, we had no intimation at all that this section was applied to us. Does this count for anything?

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    Quote Originally Posted by INTROUBLE View Post
    And after this, we had no intimation at all that this section was applied to us. Does this count for anything?
    No, that does not count for anything. Visa applicants are entitled to just one reason why their application was denied, in writing. You're not entitled to their detailed analysis of all the reasons your visa should be denied, nor are you entitled to their notes from your consular file. You can request, under the Freedom of Information Act, copies of all correspondence to and from you, application forms, and documents you had submitted to them. None of that would do you much good

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    d3 is a non immigrant waiver.

    Obviously you need competent legal advice, I do not know if your situation is recoverable.
    Nothing in life is guaranteed, especially anything to do with Immigration.

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    Quote Originally Posted by Coventrated View Post
    d3 is a non immigrant waiver.

    Obviously you need competent legal advice, I do not know if your situation is recoverable.
    Yes, we are trying to get in touch with some lawyers. Are there any recommended lawyers for non immigrant waivers?

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    What is wrong with the current Lawyer?
    Nothing in life is guaranteed, especially anything to do with Immigration.

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