i asked an italian friend to come stay with me. purchased a one way ticket, applied and was granted an ESTA. Arrived in NY detained and deported and classified as: vwp refusal 212a 7 A i I . Yesterday he applied at the USE in Naples for a B1B2 visa and was denied, for lack of "ties" to Italy.his parents are there(his dad is even ill) the USE said that was not enough.I have contacted other attys and was told, he blacklisted and will not be granted entrance to us. are there options?
State/Country relating to question: New York
other attys how said it would be a waste of $ to persue, told me his only options were: marry a us citizen, or father a child of us citizen or have a proffesion that is unique. I am willing to sponsor him as a nanny (i have a 4yr who is learning italian)and this would make him unique??
Why didn't he purchase a round-trip ticket back to Italy when he came on the ESTA?
Does he have spouse, minor children, ownership of property in Italy not easily sold, and/or an excellent job with an excellent salary?
And what is your connection to him?
ok so long story short. I was living in italy taking care of my 90yo grandparent (been going to italy since an infant) while there my husband was killed in an accident at work, so overnight i left and came home. I now find myself alone w a 4yo in the mountains of upstate ny (snow, ice, wood ect) and asked him to come be a shoulder and help out in the house. I purchased the ticket for him, one way to see how it went. The airline was fined $5000 due to this incident, we were never told that he need a roundtrip on the ESTA until JFK at which time i offered to purchase a return ticket on the spot. My friend has none of the above which is why it was ideal for him to come. in his statement he stated he was interested in learning english and maybe working for me ( i own a small store (but is leased currently due to the fact i was to be in italy until June). i spoke with a catholic charities pro bono, who basically said to give up or marry him :) which is not a possibility. i truly need a friend with me during this difficult time. I just wanted confirmation that there is nothing to be done. I thought of the nanny thing tonight, because my son was learning italian, (and needs a man in his life) I thought maybe this would be a way to get him here... I am simply out of ideas and hope :(
Well, I guess they figured it out. You see, one cannot use an ESTA or a B-2 tourist visa to come to the U.S. when they have the intent to stay in the U.S. The K-1 fiance visa is the one that is used to come to the U.S. to "see how it goes". And that he admitted that he wanted to come into the U.S, work was even worse. If he was ordered excluded (which I believe he was), this is a 5 year bar to coming back. To come back within 5 years, he can try to apply for a B-2 visa AND a 212(d)(3) waiver which is done on form I-192 that is found at www.uscis.gov/forms/. Here is a link to the waiver:
If you marry him, you can file an I-130 for him and get an I-601 waiver as well. To get this waiver he will have to prove that you, his spouse, will suffer extreme hardship if he is not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because the hardship probably will need to be more than just economic hardship or emotional separation hardship. So because they are difficult to get, no one wants to risk leaving the U.S. and getting stuck outside for 10 years if it isn't granted.
You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.
and here is another link:
And here is a link to what extreme hardship is:
He can also wait the 5 years and then he would not need either waiver, but it would be extremely hard to get a visitor visa to come visit.
I am truly sorry for the bad news, but the options are very limited at the moment. I sincerely XXXXX XXXXX had better news for you. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge, if not, please do not forget to click accept or I do not get credit for my assistance to you. You are not charged again. If you would like to request me in the future, just put my name on the subject line. Positive feedback for my service to you (not the state of the law as it is) is always appreciated as well as any bonus if you think I deserve it. Thank you.
i have no interest in marrying him, but thanks :) how and where do we find if he has the ban, it is not written on his passport, when i spoke with the ice officer he said he would give him 'All tthe paperwork" which they did not, they simply gave him his statement ( with no interprerter) and released his passport only after he passed the digital fingerprints. Is hiring him as a nanny possible??? Thanks
It is the law that they used:
Sec. 212. [8 U.S.C. 1182] (a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States:
(7) Documentation requirements.- (A) Immigrants.- (i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission- (I) who is not in possession of a valid unexpired Immigrant Visa, Reentry Permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section USCIS.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-1997.html#0-0-0-1341" target="_blank">211(a) , or (II) whose visa has been issued without compliance with the provisions of section 203, is inadmissible.
You can also easily tell by why then denied him when he applied for the tourist visa. If they do not mention that he was excluded from the U.S. and ONLY state that it was lack of strong ties, then he does not have the 5 year ban and does not need the waiver, BUT, they still probably will never approve a tourist visa for him again because they will just believe that he is trying to come to the U.S. to "see how it goes" and then marry a U.S. Citizen, or to work in the U.S. without permission. Here is another link:
I mean he can always try but honestly I don't think he has a good chance. Again, I am truly sorry. Please let me know if you have any additional questions and please do not forget to click accept. Thank you.
10+ years of experience in various aspects of U.S. Immigration Law.
ok not really anything i didnt already know, but thanks, XXXXX XXXXX you answer the possibilty of the nanny option?
For him to be a nanny? Doubtful. He would have the same issue of not being able to prove non-immigrant intent. Also, nannies are supposed to be under 26 in order to obtain a J-1 Au Pair visa. If he has a bachelors degree or higher and a job offer related to his degree that he would be payed the "normal" wage, then he could try an H-1B:
ok, so i guess im on my own :( thanks
Well, there are options, but not good ones. Again, I am sorry.
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