US entry refusal and more... help? :(

jamessss115

New Member
I was wondering if somebody could perhaps give me some constructive advice regarding my chances for a non-immigrant visa and the simplest way for me to get back to the US.

Please bear with me, as my situation is a little involved.

I ama UK citizen & currently in the UK having lived in the US for roughly 6 years on various visas and the Visa Waiver Pilot program(s). It is true that I have established ties there and feel in many respects that my life is on hold while I am here in the UK. It is obviously nice seeing family and friends but there is no question that I feel like a fish out of water here and im not happy.
My objective is to return to the US and commence classes at a college which i have already put into place for a course start date of 11 Jan 2010.

Since returning from California to the UK on 17 Oct, I feel I have made a series of bad decisions and I am very worried that I may have put into jeopardy my goal of returning to the US.

I recently attended a Non-Immigrant visa interview about two weeks after I had returned from CA. Not fully understanding the rules of immigration law, I mentioned to the consular officer during my interview that I have a girlfriend in the US and that I had remained in the country for the entire time on my previous 4 M1 visas in my passport.

(NB. This is not even the case. I have made frequent visits back and forth while on various visas to spend time with my family/holidays (Xmas etc). In addition, there are two visas which I didn't even use and one which only lasted for 3 months).
I furnished him with no supporting documentation proving my ties here. He subsequently issued me a 214(b) visa denial which came as a shock to me as there has never been a problem in the past.

Approximately two weeks later (very recently), I booked a ticket with the intention of flying out to Montana for a Pilot Seminar. I wanted to keep my options my open work wise and while I had some free time, taking advantage of a possible employment opportunity through sponsorship of a company.
Before departing, (I had previously filed ESTA at beginning of the year) I did not update my ESTA form online to reflect that I had received a visa denial. On arriving into my first point of US entry, the lady at customs and border control was staring at the screen for a few minutes indicating that a notation may have been made against my file. She sent me to secondary screening.

When the officer asked me if I have been refused a visa, I told him that I hadn't which I am aware was very foolish. Within 10mins, they had pulled up my info. which documented that I had. Nothing more was said about that until hours later when I was called in for a sworn statement in administrative proceedings. I have a copy of this in which I answered truthfully as to why I falsely declared on the VWP that I have never been refused a visa. I told them that I nervous and wasn't fully aware of US immigration laws.

It is also documented on this form how I have overstayed by almost 3 months on a prior VWP from end of Dec 2008 to beginning of June 2009. I was refused entry and promptly sent home for breaking terms of the VWP.

So to summarise, I have been refused a non-immigrant visa, falsely declared the denial on the VWPP and overstayed on a previous VWP.
Nowhere on any document does it mention a ban or suspension from entering. My passport has the words 8CFR 217.4a1 written in it with a few more codes and a date.

Quite frankly, I am very worried and can't focus on anything else. I feel very much as if I have contributed to my own downfall and in terms of applying for another visa, I feel that my application would fail quite spectacularly and for a number of reasons.

I have a girlfriend in the US who wants to help me with my problems. We are quite serious but I am reluctant to making any commitment to her under these circumstances and dont even know if it is possible.

Am I charged with fraud?
The officer and customs and border control told me that I could only enter the US from now on by applying for a visa. I am barred from VWP use.

Question. Providing I can establish social and economic ties to the UK, can anybody advise me on the simplest way back into the US and whether a non-immigrant application be it a F1 or K visa is possible given my refusal of entry/overstaying issue and falsifying a VWP form?

I would be very grateful for some helpful advice as opposed to comments on how I am screwed.

Thank you very much.
 
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