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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 125967
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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I travel to the US on a B1/B2 visa because in the late

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I travel to the US on a B1/B2 visa because in the late 1980's I was denied entry to the US under section 212(a) of the Immigration act. I have had very many ineligibility waivers since that time and travelled to the US very many times... all without incident. Will I be able to apply for Global Entry with this on my record?
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I'm British
JA: Have you talked to a lawyer about the visa?
Customer: no
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Customer: replied 1 month ago.
I have no criminal record of any kind anywhere in the world
Customer: replied 1 month ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 1 month ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 month ago.

My phone number is ***** XXXXXX

Hello! My name is Guillermo Senmartin and I am a licensed attorney with more than 17 years of experience. I am here to assist you with your questions. If I do not respond quickly, I promise I will be back as soon as I can. I have my own law practice and sometimes I go to court, attend my own clients, or help other customers at the same time. I could just be very busy, but I AM NOT IGNORING YOU!

 

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Sorry for the delay. I just ask that if the answer is not good news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

 

If you have no crimes anywhere in the world, why have you had to have multiple waivers? What makes you inadmissible? That may also cause you to be denied Global Entry which is essentially for someone that is squeaky clean.

Customer: replied 1 month ago.
Hi Guillermo, thank you very much for your explanatory text and for your questions. I think that, perhaps, my hurried explanation was rather confusing. When I said that I had had many waivers, they are all for the same section 212(a) offence from the late 1980s. It's just that the first few were only granted for 6 months, then for 12 months and now they appear to last for 5 years. So my only "crime" was that in 1986 or 7 (I can't now recall exactly) I was alleged to have wilfully withheld a material fact in order to gain entry to the USA. I elected to go to an immigration hearing and on the advice of a court appointed lawyer I simply withdrew my application to enter the US. I was told by him that this would mean that I had no further problems but I have always needed to have a waiver since that time... a massive nuisance because I am always sent to a secondary interview (which can sometimes mean queing for hours) whenever I enter the US. I am an upstanding citizen in the UK who has never had any kind of trouble with the law in any territory. If you look on Wikipedia you'll see that I am well respected in my field and I'd like to find out if there is a chance of getting Global Entry as the last time that I had an Immigration Interview (at Miami airport) I was told that this may make it easier for me to travel to the US.

Well, I cannot say that I think you have a good chance of approval of a Global Entry, but I do think it is worth a try. If you are able to get it approved, then yes, certainly it would make travel much easier. Will you be able to avoid a waiver? Most likely not because that provision of the law in regards to fraud and misrepresentation is a permanent bar. So unless you obtain U.S. Lawful Permanent Residency or U.S. Citizenship, you're always going to need that waiver even if you have an approved Global Entry. I just think it would make it easier to avoid secondary inspection if you have Global Entry. What else may I answer for you?

Customer: replied 1 month ago.
Thanks so much Guliiermo, I really appreciate your response. It was timely and pretty much in keeping with what I thought you'd say. I'll be sure to leave some accurate (and good!) feedback. I guess that the only other question that I may have is whether it would be worth trying to get the original decision that I was in breech of 212(a) overturned but I guess that it's really too late now.

Well, what exactly happened? What was the fraud or misrepresentation? And how will you prove it was a mistake?

Customer: replied 1 month ago.
I had spent some weeks in New York, working for a UK company, in sales, and was on a B1 visa. I was told categorically by my boss NEVER to say to immigration that I was working in the US because, despite having US Business Cards, this was simply a business trip and that as I was employed by a British company it didn't count as working as I was not employed or paid by a US company. Somewhat (extremely) naively, I believed him and went with what he said. I had come back to the UK for a friends wedding and then returned to the US. At JFK I was asked by an immigration officer if I was working in the US and I said "no". I had business cards in my case that said Vice President, MAID Systems with a US address and so when he found these the questions got much more intense. I came clean of course that I was employed in the UK and was here to make sales. The business card was just so that we could show a US connection to our potential clients (Main clients were Fortune 500 companies in the tri-state area. We were very early on in on-line information.) After I had come clean and was very contrite, the officer (Mr Booth) said "So you lied to me when you said that you were not working in the USA", to which I said "Yes". This was all written down in long hand and signed by me. He then told me that my visa was cancelled and I could return straight away to the UK or that I could attend an Immigration hearing. I opted for the latter and the lawyer (from a list of free lawyers that was given to me by the Immigration officer) suggested to me that in court I simply withdraw my application to enter the US and then go to the Embassy in London where my Visa would be reissued. I did this, went home, but it took years to get a waiver of ineligibility and a B1/B2 Visa. Now, despite the waiver, each time I enter the US I have to go to secondary for an interview and it generally take hours. The officers are generally sympathetic to my situation and nice but say that they have no choice other than to send me to secondary!

You would have to prove to the visa officer that your activity back then was limited to what is found in the first chart found below:

 

https://travel.state.gov/content/dam/visas/BusinessVisa%20Purpose%20Listings%20March%202014%20flier.pdf

 

If you think you can prove that to the satisfaction of the visa officer, then it may be worth a try.

 

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Customer: replied 1 month ago.
Thanks so much Guillermo. A final question, if i may: When you say "If you think you can prove that to the satisfaction of the visa officer, then it may be worth a try", how would you suggest that I go about getting that appointment?

There really is no appointment other than the visa interview. So when you apply for a B visa to visit and you have the appointment with the visa officer at the U.S. Embassy or Consulate, that's your opportunity to explain what happened and try to clear your immigration record. Let me know if you need anything else, but please do not forget that positive rating, or at least leave me a "Thank you" note. Thank you for your understanding!

Guillermo Senmartin and other US Law Specialists are ready to help you
Customer: replied 1 month ago.
Thanks for all of your help. I left a review (limited characters or I would have said more!) I tried to send you a tip but the system failed. Please reply to this and then we can close the session and I'll try again.

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!