1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Refused Entry...can i re-enter with an O1 or other...?

Discussion in 'General O visa issues' started by abuddafly, Jan 8, 2011.

  1. abuddafly

    abuddafly New Member

    So, my situation is as follows:

    I am a 20 something female german citizen with a german passport who has been living and working in the US for the past 5 years on P1 working visas and/or the Visa Waiver Programm.
    I never really had problems in the past but 3 weeks ago i was refused entry at the airport in the US.
    It was the most horrible experience, the officers were just mean and treated me like a criminal, even though i have always stuck to the rules and never overstayed.

    My last P1 visa expired in march 2010. i left the US and came back to germany but shortly after, returned on the Visa Waiver Programm. (Left my company and wasn't able to get another P at that time...) since the VWP lasts for only 90 days i returned in june, came right back, left in september, came right back again....and now, the third time, in december it happened. i was nervous about doing it back to back like that but i just thought that overstaying would be worse...i have an apartment there, a job, a boyfriend and everything i own....
    although i have family here in germany this is not my home anymore and i just feel trapped, and very depressed.

    now my job is has agreed to sponsor me and i am working on getting another visa, this time an O1, which my immigration lawyer is confident he will get approved for me. still i am worried.
    First of all i had to do a sworn statement in which they asked weather or not i had been working in the past 6 months as a singer and i stated yes. (remember i was only there on VWP in the recent months.)
    could this be an issue for me when i go to the interview?

    Also, since the process takes time, maybe another month or longer, is there a way, another (maybe temporary)visa which i could get quick so i can go and take care of my bills, accommodate my dog, take care of the mess at my job that i have to clean up now that i have been gone longer than expected.. I don't have any money or clothes, i just need to be back like yesterday, every day being stuck here just makes things more complicated. and i don't wanna wait until my O visa is ready.

    I was thinking of trying for an B1.. would that be hard with my status?
    should i even attempt something else meanwhile?....
    Please help

    THX
     
  2. BigJoe5

    BigJoe5 Registered Users (C)

    The depth of your problem is unclear. You were definitely absuing the VWP and are probably barred from ever using it again. As to the ramifications, it depends on how you were denied entry. Did the CBP Officer annotate your passport with a legal citation? Were you formally refused entry with a 5 year bar or allowed to withdraw your application for admission?
     
  3. abuddafly

    abuddafly New Member

    well, all they said was i violated the WVP and i cant ever use it again. they did say i will be able to come back with a valid visa tho.
    in my passport they put something in the last page... a few numbers, the date and the word "refusal" (i dont know what all of that means).
     
  4. BigJoe5

    BigJoe5 Registered Users (C)

    Those numbers are probably a section of the INA. ?212 or 235???
     
  5. abuddafly

    abuddafly New Member

    Yes! it is. what does that mean? it says "New 216", underneath there is a long number starting with A#, and under that number it says "212" plus some letters inside parentheses.. please help
     
  6. Krillin

    Krillin Registered Users (C)

    First of all i had to do a sworn statement in which they asked weather or not i had been working in the past 6 months as a singer and i stated yes.

    sorry, but it sounds like you have totally screwed up your situation! That's really stupid, but you have ruined everything by stating "yes" to that question. And since you were there under VWP with your German passport as a german tourist, that means as a total misuse of the VWP status, (under which you are *NOT* allowed to work or have a job in the US) and that doesn't matter if you have never overstayed and returned back to your home country in time ... also, they don't totally care that you have an appartment there, bills to pay etc..

    you should have done things to arrange your immigration status way before all this happened, it was very stupid to use your tourist status VWP to such an extent by traveling back and forth, staying there and thinkink like yea "i live and work in america" ! now, i frankly doubt you will get an O1 visa after this... the only solution for you now is to marry your bf (who is , hopefully , a US Citizen)

    and i know what im talking about, because i nearly got myself into a same situation!
     
    Last edited by a moderator: Nov 3, 2011

Share This Page