Well, this doesn’t look good for me. Why? Because people tend to want to blame the messenger and if I do not have a good solution for you, even though the law doesn’t have one and it isn’t my fault, the messenger gets shot meaning you go away upset and since I am not given a salary, I basically spent my time on this for nothing. And you are on the other side that you deposited good money to try to get a solution and it isn’t fair to you either. So we are in somewhat of a Catch-22. Be that as it may, I will take the risk that you will not just go away angry and will rate me positively on my service to you and not the unfairness of the law.
Unfortunately, no one has a “right” to a visa, so regardless of what you pay, you are never going to get a guarantee. I understand that you wanted an opportunity to state your case and you will have one, but it may cost you another £100.0. You have probably heard of innocent until proven guilty. This is in criminal law that the government must prove that you are guilty if you commit a crime. You are innocent until then and you don’t even have to say a word. The burden of proof is on the government. In U.S. immigration law, it is the opposite. Everyone is seen as an intending immigrant until they can prove to the government that they are not. So from the start, you are at a disadvantage. You have to prove that you are not intending to immigrate, that you are not coming to the U.S. for a business purpose that is not included in the B-1 chart which I will give you a link to below, and you must prove that you have strong ties to your home and finally, that you are otherwise not inadmissible to the U.S. If you have been able to prove all of those things, then it is probably because you worked in the U.S. without authorization and that’s enough to make you inadmissible to the U.S. They are very serious about that. Imagine if you were a U.S. Citizen, desperate to find a job to feed your family, but jobs aren’t available because someone from Canada, Mexico, the UK, or wherever, has taken that job without authorization. So now you cannot feed your family. I know it is an extreme example, but that’s why those laws exist, to prevent such situations and you violated those laws by working without authorization. Now does that mean that there is no forgiveness? That you will never be able to come back to the U.S.? No.
First, let me give you the link to the B-1 that I promised you:
If your activity is contained within that link and you can prove it, then you should be ok in that aspect. If you can prove strong ties to your country, you should be ok in that aspect. So what do you do now? Unfortunately, since there is no appeal, you will need to apply again. It is best to wait 6 months before applying again, but if you really must apply before, you can. You can even apply the following day after denial, they just don’t think enough has changed in such a short time. Be that as it may, you apply again and submit the evidence that you can and if at the interview you are shut down again, you ask to speak to a supervisor at that time and ask why your additional evidence is not taken into consideration. Keep in mind that you have not rights in this regard, only a discretionary benefit granted by the officer. Yes, I know it can be highly unfair, but this is why you are asking to speak to a supervisor to make sure that the officer is not abusing discretion. Here is another link as to what they look for:
And finally, let’s say they come up with that since you worked illegally in the U.S. you are inadmissible, then you should ask them for a 212(d)(3) waiver which can either be done by the officer at the interview or after just on their computer (take a look at this link):
or on form I-192 which can be found at www.uscis.gov/forms. You can find more information here:
I know it is not an easy or quick solution, but it’s what there is available. I hope you take that into consideration and not get upset at me. I can only give you what is available.
Now that I have given you an answer, you may rate me positively OR ask for additional information. Please do not rate me negatively for bad news or things that you may already know. That doesn’t help you or me. I am here to help you and I am on your side. Give me a chance to help you. All you have to do is respond asking for additional information. After you rate positively, a bonus is always appreciated, and I can still answer additional questions for you without additional charge. Please do not log off without rating positively. It is VERY important for me to receive credit since I receive no salary. You are not charged again. If you would like to request me in the future, just type: FOR GUILLERMO on the subject line. Thank you!