Banned? For how long? How can i go back?

letyxplum

letyxplum

New Member
I used to 'live' in California on a tourist visa. I would stay 6 months there and a month back home (brasil). I did that for a little over 3 years but never overstayed.
Last time i came back to brasil the consulate called me and requested me over. They (3 people) proceeded to interview me about everything, what i did there, where i lived, how was i supporting myself, if i paid rent, what i did before 'moving', etc...
But when i first got my tourist visa, back in 2010, i said that i was going to law school, which i wasn't. I forgot about it and when they asked me about it, i blanked.
The consul cancelled my visa and asked me to send him proof that i was once enrolled in law.
I sent the paper, that was actually my friends and i just changed her name to mine.
A few weeks went by and i received a letter from the consulate with a copy of my 'proof' and a letter saying that they were 'denying' my visa. I think they called the school or something, not sure.
I cant find the letter now so i don't know exactly what was written in it. All i remember was a 3 digit number that started with 2 and some other letters and numbers in between ().
Can someone help? Was i banned? For how long? Can i go back if i marry an american citizen?
 
letyxplum said:
I used to 'live' in California on a tourist visa. I would stay 6 months there and a month back home (brasil). I did that for a little over 3 years but never overstayed.
Last time i came back to brasil the consulate called me and requested me over. They (3 people) proceeded to interview me about everything, what i did there, where i lived, how was i supporting myself, if i paid rent, what i did before 'moving', etc...
But when i first got my tourist visa, back in 2010, i said that i was going to law school, which i wasn't. I forgot about it and when they asked me about it, i blanked.
The consul cancelled my visa and asked me to send him proof that i was once enrolled in law.
I sent the paper, that was actually my friends and i just changed her name to mine.
A few weeks went by and i received a letter from the consulate with a copy of my 'proof' and a letter saying that they were 'denying' my visa. I think they called the school or something, not sure.
I cant find the letter now so i don't know exactly what was written in it. All i remember was a 3 digit number that started with 2 and some other letters and numbers in between ().
Can someone help? Was i banned? For how long? Can i go back if i marry an american citizen?
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Well first thing. Stop lying to government departments. That is a really bad idea - and apparently you aren't even very good at it. Now - I doubt you are barred, but you will obviously have to apply for a new visa at some point in the future. My advice would be to not do that too soon. Let the dust settle a bit. If you were to marry a citizen (and ONLY do so if it is a genuine marriage) you would most likely be able to get the visa - but your history is going to create a suspicion that you are only marrying in order to get back to the USA. You will need to be very careful not to fuel that suspicion further.
 
I know i shouldn't have lied, the consul said that i could be banned for life if i was lying, he asked me if i wanted to change anything i told him and i said no. i was super nervous.
And yes, the marriage would be genuine, i left my boyfriend there.
But anyway, thanks for the help!
 
It is very much possible you have been barred for life. Read up on INA 212(a)(6)(C)(i). Looking at what you did, you had it coming. I am sorry to say but I cannot sympathise with you.
 
Britsimon said:
Well first thing. Stop lying to government departments. That is a really bad idea - and apparently you aren't even very good at it. Now - I doubt you are barred, but you will obviously have to apply for a new visa at some point in the future. My advice would be to not do that too soon. Let the dust settle a bit. If you were to marry a citizen (and ONLY do so if it is a genuine marriage) you would most likely be able to get the visa - but your history is going to create a suspicion that you are only marrying in order to get back to the USA. You will need to be very careful not to fuel that suspicion further.
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I'm curious, how did the consulate called her. They usually don't check on people after issuing the visa.
 
Its never a good idea to lie to authorities, yes you can stay here for 6 months and then go back to Brasil, but if you do that too many times, especially for 3 years, than USCIS sees a pattern there and starts investigating you, being here for over three years means that you were not here as a tourist anymore, it means that you were residing in the US, and to support yourself, im assuming you had to get a job, and all that is illegal when you're here on a tourist visa. Wish you all the luck, and dont lie again..
 
heriberto84 said:
Its never a good idea to lie to authorities, yes you can stay here for 6 months and then go back to Brasil, but if you do that too many times, especially for 3 years, than USCIS sees a pattern there and starts investigating you, being here for over three years means that you were not here as a tourist anymore, it means that you were residing in the US, and to support yourself, im assuming you had to get a job, and all that is illegal when you're here on a tourist visa. Wish you all the luck, and dont lie again..
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I supported myself for those 3 years working online, i had a fashion online shop and thats all i did. Never worked there cause i knew if i got caught, id be in big trouble.
 
candyman2121 said:
I'm curious, how did the consulate called her. They usually don't check on people after issuing the visa.
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The time before the last i came to brasil, someone at the airport forgot to remove my I-94 from my passport, so when i came back the last time i probably had 2 entrances and only one 'exit'. So i think that how i 'got caught' :(
 
heriberto84 said:
Its never a good idea to lie to authorities, yes you can stay here for 6 months and then go back to Brasil, but if you do that too many times, especially for 3 years, than USCIS sees a pattern there and starts investigating you, being here for over three years means that you were not here as a tourist anymore, it means that you were residing in the US, and to support yourself, im assuming you had to get a job, and all that is illegal when you're here on a tourist visa. Wish you all the luck, and dont lie again..
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Also, the consul told me that i couldn't stay the 6 months, even tho thats the time frame they give you once you enter the country.
All that was 2 years ago, i still think about going back, i thought about the Waiver of Grounds of Inadmissibility but its too expensive and the chances are not that great, also 1 dollar = 4 reals right now, so kinda expensive... so for now im just here in brasil teaching english and living life.
 
Immigration es very tricky, even though they say, yes you can stay here up to 6 months, it doesn't really mean that you can stay here all that time, but i wish you luck, and hopefully you can come back to the US, and this time do thinghs the right way..
 
letyxplum said:
Also, the consul told me that i couldn't stay the 6 months, even tho thats the time frame they give you once you enter the country.
All that was 2 years ago, i still think about going back, i thought about the Waiver of Grounds of Inadmissibility but its too expensive and the chances are not that great, also 1 dollar = 4 reals right now, so kinda expensive... so for now im just here in brasil teaching english and living life.
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But did you ask the consular officer if you were banned or not..Did they give you any letter indication if there is a ban? Why don't you ask the embassy if there is a ban on your application and if you can apply again or not. I mean your visa is already cancelled to no harm in asking.
 
candyman2121 said:
But did you ask the consular officer if you were banned or not..Did they give you any letter indication if there is a ban? Why don't you ask the embassy if there is a ban on your application and if you can apply again or not. I mean your visa is already cancelled to no harm in asking.
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Not when i was there, he only cancelled my visa and asked me for proof that i actually went to law school at some point.
I sent the fake letter and received one back mentioning INA 212(a)(6)(C)(i). So yes, i am banned, for good :(
 
letyxplum said:
Not when i was there, he only cancelled my visa and asked me for proof that i actually went to law school at some point.
I sent the fake letter and received one back mentioning INA 212(a)(6)(C)(i). So yes, i am banned, for good :(
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Yep, you are! Your goose is cooked, like they say, and I don't necessarily sympathize with you. You engaged in willful misrepresentation. And I highly doubt if a waiver will be granted in your case even if you now marry your USC or LPR boyfriend.

In order for a waiver to be approved, in addition to being married to a USC or LPR, you and your spouse will need to prove that your none re-admission to the US will result in extreme hardship to your USC/LPR spouse, this obviously hasn't been the case since being banned 2 years ago. I suggest you settle down in Brazil and make the best of your life there.
 
Sm1smom said:
Yep, you are! Your goose is cooked, like they say, and I don't necessarily sympathize with you. You engaged in willful misrepresentation. And I highly doubt if a waiver will be granted in your case even if you now marry your USC or LPR boyfriend.

In order for a waiver to be approved, in addition to being married to a USC or LPR, you and your spouse will need to prove that your none re-admission to the US will result in extreme hardship to your USC/LPR spouse, this obviously hasn't been the case since being banned 2 years ago. I suggest you settle down in Brazil and make the best of your life there.
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I was scared and nervous, please don't judge. And how can you know it hasn't been the case? Yes, it has been 2 years but i don't think you know me, so please don't make assumptions. Also, i don't need your or anyone else's sympathy.
I read many pages about the waiver and got in touch with a lawyer since i first posted here.
He gave me a solution but as i said before i'm ok here in Brasil.
Thank you to everyone who was kind enough to take a few moments out of your days to try to help without judging.

xo ♥︎
 
letyxplum said:
I was scared and nervous, please don't judge. And how can you know it hasn't been the case? Yes, it has been 2 years but i don't think you know me, so please don't make assumptions. Also, i don't need your or anyone else's sympathy.
I read many pages about the waiver and got in touch with a lawyer since i first posted here.
He gave me a solution but as i said before i'm ok here in Brasil.
Thank you to everyone who was kind enough to take a few moments out of your days to try to help without judging.

xo ♥︎
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I'm not judging you, I'm simply not sugar-coating my response and telling you exactly as it is. And I'm not making any assumptions, my response is based on what you wrote about your situation. You clearly stated that when you applied for your initial tourist visa, you lied to the CO - you claimed you were enrolled in a law school when you clearly weren't. You followed up the lie a couple of years later with a fake enrollment letter to support the lie you told back in 2010. Sending in the fake/forged enrollment letter does not come across to me like a case of someone who was scared and nervous, it's more like that of someone desperate and determined to perpetuate the lie.

You contacted a lawyer who gave you a solution but you're okay there in Brazil? If you're okay there, why are you still looking for the possibility of returning to the US? Here's a link to a document you might want to spend some time reading in addition to the "many pages about the waiver" you claimed to have read:

http://www.state.gov/documents/organization/87011.pdf

This should hopefully shed some light for you on the significance of what you did. Also, I suggest you pay particular attention to the last page where it clearly states the two conditions to be met in order to qualify for a waiver:

An applicant for an immigrant visa (IV) who is inadmissible under provision (i) of INA 212(a)(6)(C) may seek a waiver from DHS under INA 212(i) if:

  1. (1) The alien is the spouse, son, or daughter of a U.S. citizen or a lawful resident alien; and

  2. (2) The Secretary of Homeland Security is satisfied that the refusal of the alien’s admission to the United States would result in extreme hardship to the U.S. citizen or lawful resident spouse or parent of such alien.
 
Well, you did made a huge mistake. But that being said, I don't think that you deserve the apathetic scorn directed at you. You did what you did and it's sad that you decided to falsify the documents when the rejection rate is pretty low in Brazil. But the past cannot be changed (despite how much people will blame you) and if you're okay with living in Brazil then it's fine. If you want to return to the US then I guess you would have to go through a prolonged legal process to get your waiver and there have many cases similar to yours where these waivers were approved so I would suggest not give up hope. Yes it will be hard to overcome your eligibility and you'd probably need a really good lawyer as well. I hope that you have learned from your past. In the end I hope you're able to overcome this ineligibility. Take care.
 
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