Hi Guys!
My name is Pam, Here is my story. 4 years ago I got stopped at the LAX airport for secondary screening. I was not worrying because it happened to me in the past, 3 times to be exact. Every time they questioned me on why I was coming to the US so often, the first time was rough as they basically kept me for hours asking me questions while going through my luggages. But at last these 3 times I had no problem entering the US.
I'm from Europe and as you all know we have the visa waiver program. The problem is that prior to this last secondary screening I have been coming in and out from the US, every three months for about 6 years. The visa waiver can last up to 90 days, I always made sure not to overstay.
I understand now that the visa waiver program has not been designed for that and I highly recommend not to do what I did.
Long story short I have been doing this for so long because I was (still am!) in a same sex relationship. And doing this was the only way for me to stay with my girlfriend.
But this last time didn't turn out like the previous times. I decided to be honest and tell the truth on why I was here for. The Customs and Border Protection officer clearly told me that I was going to be sent home and that I couldn't enter the US.
On the documentation I brought back, the CBP officer wrote:
"That I have been found "inadmissible under section 212 (a) (7) (A) (i) (I) of the INA, an immigrant not in possession of a valid and unexpired immigrant visa, because you have a continuous presence in the U.S, and you do not appear to be a bona-fide visitor and you appear likely to contribute to illegal population."
I agreed to leave on my own recognition. Later that night they sent me to a detention center, chain on my feet, handcuffed to my waist. Not to mention that these detention centers are in fact a jail, run by ICE. The day after I was on my way back to my country, still traumatized by the 24 hours I spent in this jail.
The CBP officer explained to me that I won't be able to ever use the visa waiver program and that I may apply for a tourist visa if I want to come back to the US.
Let me clarify one thing. I have been found inadmissible, but there was no ban at all.
It's been 4 years now and I never applied for a tourist or any other visas, my girlfriend visits me every 4 months for a week every time.
In October 2011 I applied for the DV Lottery. In May I found out that I have been selected for further processing.
Now my question is:
Does the section 212 (a) (7) (A) (i) (I) of the INA will prevent me to get me approved the day of the interview?
Technically I have been sent home under section 212 (a) (7) (A) (i) (I) of the INA which qualify for people arriving in US soil with an expired visa or passport, which was not my case.
Like I said before, for 6 years I have been spending up to 8 months in the US, but never overstayed the visa waiver program. When someone overstay they get a ban and this is another INA section.
My case number might be current for February or March, I meet all the requirements (diploma requirement etc...) but I still don't know if they will search for the small detail in my case to denied me.
Thank you for reading me!
My name is Pam, Here is my story. 4 years ago I got stopped at the LAX airport for secondary screening. I was not worrying because it happened to me in the past, 3 times to be exact. Every time they questioned me on why I was coming to the US so often, the first time was rough as they basically kept me for hours asking me questions while going through my luggages. But at last these 3 times I had no problem entering the US.
I'm from Europe and as you all know we have the visa waiver program. The problem is that prior to this last secondary screening I have been coming in and out from the US, every three months for about 6 years. The visa waiver can last up to 90 days, I always made sure not to overstay.
I understand now that the visa waiver program has not been designed for that and I highly recommend not to do what I did.
Long story short I have been doing this for so long because I was (still am!) in a same sex relationship. And doing this was the only way for me to stay with my girlfriend.
But this last time didn't turn out like the previous times. I decided to be honest and tell the truth on why I was here for. The Customs and Border Protection officer clearly told me that I was going to be sent home and that I couldn't enter the US.
On the documentation I brought back, the CBP officer wrote:
"That I have been found "inadmissible under section 212 (a) (7) (A) (i) (I) of the INA, an immigrant not in possession of a valid and unexpired immigrant visa, because you have a continuous presence in the U.S, and you do not appear to be a bona-fide visitor and you appear likely to contribute to illegal population."
I agreed to leave on my own recognition. Later that night they sent me to a detention center, chain on my feet, handcuffed to my waist. Not to mention that these detention centers are in fact a jail, run by ICE. The day after I was on my way back to my country, still traumatized by the 24 hours I spent in this jail.
The CBP officer explained to me that I won't be able to ever use the visa waiver program and that I may apply for a tourist visa if I want to come back to the US.
Let me clarify one thing. I have been found inadmissible, but there was no ban at all.
It's been 4 years now and I never applied for a tourist or any other visas, my girlfriend visits me every 4 months for a week every time.
In October 2011 I applied for the DV Lottery. In May I found out that I have been selected for further processing.
Now my question is:
Does the section 212 (a) (7) (A) (i) (I) of the INA will prevent me to get me approved the day of the interview?
Technically I have been sent home under section 212 (a) (7) (A) (i) (I) of the INA which qualify for people arriving in US soil with an expired visa or passport, which was not my case.
Like I said before, for 6 years I have been spending up to 8 months in the US, but never overstayed the visa waiver program. When someone overstay they get a ban and this is another INA section.
My case number might be current for February or March, I meet all the requirements (diploma requirement etc...) but I still don't know if they will search for the small detail in my case to denied me.
Thank you for reading me!
