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Thread: problems at the board

  1. #1
    hi,
    I am a lawful permanent resident in washington state. I'm italian, and I have the boyfriend in Italy. When I was still in Italy we were thinking on what to do to get togher. He has a good job in Italy and they decided to give to him a 3 months holiday plus 2 month of waiting from work. So we thought about getting a 6 month touristic visa. He went to the US embassy and everithing was ok. I left to come here one week before him, and after he came here. He was stopped by the homeland security and they talk to him for more than three hours, making him sign a statement without even read it, because they thought that he was coming here to work, only because he had the name and phone of the hotel we were going to stay for a couple of days. my step father is in the military, he talked to the officer, and the officer decided to don't put him in jail, so my boyfriend came out from the airport and stayed a night with me and so he left the day after. The officer said to him that if he didn't want to sign that document, they put him in jail for the night and his entrance in the US with any kind of visa was denied for 5 years, so he signed. I called later the homeland security and I ask them with restricion are applying to him now. They say that he cannot get a visa "waiver program" for the rest of his life. so he decided to come here like a student, to improve his skills using the computer. Do you think will be there any problem for him? I mean, at the board, passing with a problem like this in his curriculum? thanks for all the answers

  2. #2
    Hi gioia,

    Do you know what papers he signed? Did he get a stamp in passport? If yes, you need to let us know what does it say. Any codes and numbers?

    Everything else would be just guessing..

    and, did your boyfriend get a tourist visa to visit or he used Visa Waiver Program (no visa)?

  3. #3
    i don't know which paper he signed, they didn't tell him what he was going to sign.
    In his passport there is a stamp on top of the visa and another stamp on the passport with this code i guess:212a 7ai and after 200fr 41.122, I don't know what this mean, but anyway they say to him that he cannot be a tourist in the US.

  4. #4
    well, they say your boyfriend had an immigrant intent without a proper (immigrant) visa

    "According to INA 212(a)(7)(A)(i), any immigrant who, at the time of application for admission:

    - who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations, or

    - whose visa has been issued without compliance with the provisions of the Immigration and Nationality Act,

    is excludable.

    A waiver is available under INA 212(k) where the Attorney General is satisfied that the exclusion was not known to, and could not have been ascertained by the exercise of reasonable diligence by, the immigrant before the time of departure of the vessel or aircraft from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, before the time of the immigrant's application for admission. "

    Look at the other code again: is it 20cfr 41.122 or maybe 22 cfr 41.122

    You did not say if got a tourist visa to visit you or he just wanted to enter without visa (Italians don't need visa as long as they stay less than 3 months)

    They suspect he wanted to come to the USA and stay here.

    Student visa is also non-immigrant visa and he is percived as potential immigrant - so, yes there may be a problem getting a student visa as well.

  5. #5
    he came here with a six moth visa, because he was able to stay here for more than three month.

  6. #6
    so, his visa was cancelled under 22 cfr 41.122

  7. #7
    yes, i suppose this. So, you think that will be a problem for him to get a student visa because of this law.

  8. #8
    the problem is that he doesn't want to become an immigrant, he doesn't want to become a US citizen!!! He just wants to study here! before his parents didn't want to give to him the money to go to the college, now they have changed their minds and decided to give him everything that he needs.

  9. #9
    yes, I do think so.

    As I said, immig. officials don't believe that he will return to Italy after short visit or after his classes are over.

  10. #10
    yeah, but he is going to take a bachelor's degree, so he will be here for 4 years, how do they know that between 4 years he will not come back in Italy!!!

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