H-4 Waiver Approved After B-2 Visa Was Denied For 3 Years

B1/B2 entry approval for 7 days, emergency extension without supplementary documents

Trump’s new policy, US customs, non-immigrants, green card, entry,
Under the influence of Trump’s new policy, the enforcement standards and strength of the US Customs have also become stricter. Regardless of whether it is a non-immigrant or a green card, if you encounter problems entering the country, you should contact a lawyer as soon as possible to find the best solution.

Year: January 2020
Nationality: Chinese
Applicant: Miss He
Application Category: Nonimmigrant Visa Waiver (NIV Waiver)

Difficulties in this case:
Ms. He gave birth to a child in the United States and went to the United States with a B-2 visa many times. She came to the United States too frequently and her record was not good;
Ms. He’s English is not good, and there was a serious misunderstanding with the customs when entering the customs;
Ms. He was finally deported at the same time as her B-2 visa was canceled by the customs, and she was judged not to enter the country for 5 years;
Ms. He’s husband and children are all in the United States, so she cannot accept the 5-year ban on entry;
Nonimmigrant visa waiver processing generally takes 6-8 months, and the first application is usually a single entry. Ms. He urgently needs to go to the United States to reunite with her family as soon as possible, and hopes for a more convenient visa category.

Brief background:
Ms. He’s child was born in the United States and is now sent to study in the United States. Ms. He came to the United States to accompany her on a B-2 visa. However, when Ms. He entered the United States on a B-2 visa again in October last year, she was stopped and taken into a “little black room”. Customs believes that Ms. He used the B-2 visa to travel to and from the United States too frequently, and she has an immigrant tendency. Because her English is not good, Ms. He has poor communication with the customs staff, and the translation can play a very limited role. She was detained and even appeared in court to see an immigration judge. In the end, CBP ruled that she violated the visa regulations, canceled her B1/B2 visa and sent her back to her country, and she was not allowed to re-enter for 5 years.

Ms. He’s husband won the H-1B lucky draw last year, and was approved in November to work in the US with a visa in December. Husband and children have all gone to the United States, only Ms. He was unable to go, very sad and almost collapsed.

After many inquiries and consultations, Ms. He’s husband finally chose to entrust Tsang & Associates to re-apply for her visa to help her return to the United States to accompany her family as soon as possible.

Keys to success:
– Grasp the time node & non-immigrant visa category
Since Ms. He was judged not to enter the United States for 5 years, she must obtain a waiver before re-entering the United States within 5 years.

Since the non-immigrant visa waiver process usually takes 6-8 months, the visa is a single entry, which will cause great inconvenience to Ms. He’s future itinerary between China and the United States. Because Ms. He went to the United States frequently, and her child was studying in the United States, we suggested that Ms. He should not apply for B1/B2 after the repatriation. After her husband’s H-1B visa was received, she would apply for H-4 visa waiver separately. It does not affect Mr.’s visa, and there is no question of immigration tendency.

– Explain the previous misunderstandings, minor circumstances in which the applicant violated the immigration law, and the necessity of going to the United States through a lawyer’s letter
The non-immigrant visa waiver process is usually: the applicant first goes to the embassy/consulate to submit the application face to face. If the interview goes well, the visa officer will agree to send the case back to the US CBP review agency for trial. After CBP approval, it will be transferred to the overseas consulate to issue a visa .

The interview time is limited, so it is necessary to let the visa officer know the details as much as possible in a short period of time, eliminate misunderstandings, and strive for the opportunity of exemption on the spot, so a high-quality lawyer’s letter of explanation plays a vital role.

If only the legal provisions are listed, the letter will become very boring, and the visa officer has already memorized the legal provisions, so he will lose the desire to read the specific content, which is very unfavorable for Ms. He’s exemption application. Zang Dikai United Law Firm (Tsang & Associates) fully understood Ms. He’s situation, based on her special experience, jumped out of the conventional writing thinking, and revised it several times after careful consideration, and prepared a favorable lawyer’s letter for her to take to the interview, and strived to Not a single word is superfluous, and she strives for perfection, proving why she was wronged when she was sentenced to a 5-year ban on entry, and she should be remedied as soon as possible.

– Arrangement of exemption application materials
The non-immigrant waiver application will be reviewed by the consulate and CBP, so in addition to the lawyer’s letter, complete supporting materials are also very important.

Zang Dikai United Law Firm (Tsang & Associates) mainly started from three different angles to help the client customize the list of documents and guide her on how to prepare materials for this exemption application:
First, from the entry and court appearance documents at that time, it proved that the interviews of the translator and the customs were inductive, and the judgment of not entering the country for 5 years was obviously unfair;

Second, Ms. He’s personal and family data prove that she is from a wealthy family, a good daughter, a good wife, and a good mother. She used B-2 to enter the country for the purpose of visiting relatives. The original experience of entering the country was completely caused by misunderstanding due to poor communication;

Thirdly, we have also prepared the information of Ms. He, which proves that her husband is also a very good high-tech talent, and her child has done well in studying in the United States. She will apply for the correct H-4 visa this time to go to the United States to be with her husband. The reunion of children is legal and reasonable.

– Mock interviews to get the hang of it
Before the interview, we sent a detailed Q&A to Ms. He, so that she could familiarize herself with the possible problems and provide her with the correct answer ideas for her reference. Lawyer Zang’s team also made several phone calls with Ms. He, simulated interviews, calmed her nervousness, and helped her participate in interviews with more confidence.

Ms. He said that such a preparation method is very effective. In the customs before, she answered many questions casually according to her personal opinion. In addition, she did not know English and could not correct the translator in time, which eventually turned into a big oolong. The one-on-one mock interview with the lawyer allowed her to better grasp the response ideas and have a correct and good interaction with the visa officer.

Case results:
Ms. He went to the consulate for an interview to submit the exemption application in January this year. The whole process went very smoothly, and the interviewer did not reject her exemption application on the spot. After 2 weeks of administrative review, Ms. He excitedly reported the good news to us on WeChat, telling the consulate to “reverse the case” for her: instead of transferring the case back to the United States for trial, she was directly approved for her H-4 visa! And it is multiple entry for 3 years! ! ! Ms. He was very grateful and said that she was depressed and worried about her family in the United States. I am very grateful to Zang Dikai United Law Firm (Tsang & Associates) for allowing her to go to the United States to reunite with her family immediately.

Lawyer Comments:

Under the influence of Trump’s new policy, the enforcement standards and strength of the US Customs have also become stricter. Many customers will face some unexpected difficulties when they go to the United States to enter the customs. At least they will be warned, the entry time will be severely shortened by the customs, and their visas will be canceled and they will be deported. Attorney Zang Dikai regularly attends CBP meetings to get updated information on changes in customs policies, and hereby reminds everyone that, regardless of whether it is a non-immigrant or a green card, if you encounter problems entering the country, you should contact a lawyer as soon as possible to find the best solution.

If you have questions in this regard, please contact Tsang & Associates to make an appointment for consultation.

Related Links:
[Successful Case] Falsified L-1 work experience, successfully exempted from re-entering the United States
Frequently Asked Questions About Nonimmigrant Visa Waiver Processing

*To protect customer privacy, customer names are pseudonyms.

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