B-1, B-2, VWP and questions. Advice and assistance requested

[james948]

Dear All,

I was hoping for some advice, both general and specific.

I am a UK citizen and last September I had a truly horrendous experience leaving the US via Canada and immediately returning.

I left the day before my 90 day Visa Walver ran out and literally turned the car around and re-entered the states (naively, I know). They refused me entry to the states based on the fact that I had not showed 'meaningful departure' (i.e. had not gone back to the UK and then returned) and the fact that they believed me to be intending to work when i arrived there.

They took away my ability to use VWP in the future. I've had lawyers write a letters to the border patrol, the director of the theatre they said I was going to direct the amateur play at sent letters stating I was not nor never would be the director of the play and I, myself have sent letters attempting to illustrate the huge communication breakdown that happened at the border. All to no avail.

Now. I am 26 years old and applying to graduate schools in the USA. I anticipate needing to travel to the US to interview in March (and perhaps even late february.) Unfortunately I do not own a house or have a mortgage and I am not on the lease of the room I rent. I do, however, have a job and shall have a letter from them stating when I am leaving and when they expect me to return. I shall provide bank statements (albeit without a huge amount of money), a portfolio, and all bureaucracy between me, my lawyers and others to the borderpatrol.

My questions are.
1) What, if any, chance is there of getting the VWP expulsion revoked; has this ever been done before and, if so, how? I did not outstay it, simply tried to return.

2) What are the implications of having this on my record for trying to get a student visa if I should get in to one of these schools (and have funding)?

3) What should I expect at the B-1 or B-2 visa appointment? What should I expect to bring (besides the above and my passport)? Will the people at the border take into account that my expulsion was not based on anything I actually did but on a perception that I would do something.

4) For interviews am I applying for a B-1 or B-2 visa?

5) Has anyone here been expelled from VWP before and, if so, what were your experiences and consequences?

6) What is the wait time on getting an appointment? Should I book it now even before I have written confirmation of any interviews?

7) Is it worth me hiring lawyers to help me with the application? Could lawyers help me get the VWP expulsion decision reversed.

I know this is a lot to as but I genuinely feel out of my depth here. My admission to graduate school in the states, at the moment, relies upon getting an interview at the school, getting an appointment at the consulate, getting a visa, getting into the US at the border, then doing the interview and getting accepted, then getting another appointment for the student visa.

Please take the time to reply as it will be greatly appreciated. I understand, I believe, where I stand with the law but any personal, first hand experience or general advice on my predicament would be greately appreciated.

Sincerely

James

[Marco 72]

Hi James,

1) There is no way to get your VWP exclusion revoked. If you are ever denied entry you are banned for life from ever using it again. Sorry. Doesn't matter if they made a mistake. When you sign your VWP form you give up all rights to appeal, so the decision of the officer at the point of entry is final. Writing letters to anyone about it is a waste of time.

2) There are no implications, from what I understand. I have heard of people who were denied entry on the VWP and later successfully emigrated to the US.

3) At the appointment, bring as much evidence of your connections to the UK as you can. Bring also copies of your correspondence with the university to show that you have been asked to go for an interview.

4) Don't know, probably B2 (holiday).

5) A friend of mine was turned back after his flight. He was detained for several hours, then put on a flight back. They had searched his bag and found a form which he was planning to use to extend his stay.

6) Don't know, sorry.

7) I don't know, they might be able to give you some advice. You may want to write to these guys, but I'm not recommending them, I just found them on Google. They are based in London.

You may also want to check this forum, it has much more traffic than this one, and more people may be able to give you advice.

Good luck.

[JAJ]

Dear All,

I was hoping for some advice, both general and specific.

I am a UK citizen and last September I had a truly horrendous experience leaving the US via Canada and immediately returning.

I left the day before my 90 day Visa Walver ran out and literally turned the car around and re-entered the states (naively, I know). They refused me entry to the states based on the fact that I had not showed 'meaningful departure' (i.e. had not gone back to the UK and then returned) and the fact that they believed me to be intending to work when i arrived there.

You need to know that under the Visa Waiver, a departure to Canada, Mexico, Bermuda or any "adjacent island" of the U.S. does not reset the 90 day clock unless you are a lawful resident of one of these jurisdictions.

So you may well have become an overstayer. And an overstay results in a permanent bar from using the VWP. For future visits to the U.S. it seems to me that you will need a B1/B2 tourist visa.

[james948]

Thank you so much for taking the time to reply. Very informative and helpful. I am especially relieved that there are no other implications of the VWP expulsion.

I shall probably repost my question on the other forum to get some other input as well.
Many thanks again.
James

[james948]

Marco,

Someone on the other forum seems to think my situation is more serious. Can you throw any light on how grave the situation is?

[neel]

Hi,

I'm not sure if I can post my query here:

I have a 10yrs multiple entry B1 visa applied by my employer. But there is no Employer name embossed on the visa.

Can I use the same visa If I shift the Job or for my personal visits?