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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28584
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I was refused entry into the united states and banned 5 years

Customer Question

I was refused entry into the united states and banned 5 years for lying about my pregnancy. Is there a way to appeal?
JA: The Immigration Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Not at all
JA: Please tell me everything you can about this issue so the Immigration Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: Ok, when i applied for the visa, i wasnt aware of my pregnancy. So eventually when i knew i decided i would have the baby in the US. So i sent a message to my uncle via facebook asking if i could stay to have d baby and preferably work towards getting citizenship. On getting to immigration, i was asked if i was pregnant and i said no. I was stamped out and directed where to take my luggage, after d retrieval of my luggage... They searched me again.... They complained that my baggage was too much for someone who was on a 19day trip, they found my certificates too.. So they concluded that i wanted to stay illegally and i was sent back to my country nigeria
JA: OK. The Immigration Lawyer will need to help you with this. Is there anything else important you think the Immigration Lawyer should know?
Customer: Nothing at this time
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Judith Ludwic replied 11 months ago.
Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.I am very sorry you had this traumatic experience while pregnant at the time. It could have been dangerous for you and the baby.Thankfully neither of you suffered a medical emergency because of the stress.Actually, you got away easy with just a 5 year bar.They could have permanently barred you from the US for fraud when you lied about your intent to just visit when you had communication of intent to immigrate. Also, you lied to them about being pregnant.There are what are called general waivers under INA 212(d)(3) and it is available to anyone, even those applying for a visitor visa.the BIA listed three criteria for determining whether to approve or deny a Section 212(d)(3) waiver: 1. The risk of harm to society if the applicant is admitted;2. The seriousness of the applicant’s prior immigration law, or criminal law, violations, if any; and3. The reasons for wishing to enter the US. Here is an article that explains how this workshttp://www.ilw.com/articles/2003%2C0930-labrie.shtmYou have to file form I-212 with the USCIS after you apply for the visitor visa and it is refused.Here is the link to the formhttps://www.uscis.gov/i-212Please be fair with me. This is not a free service and experts are not paid unless you rate their answer.I am happy to answer follow-up questions after you have rated my answer. There is no limit to the number of follow-up questions you can ask.We all like to believe our time and knowledge has value and I appreciate a positive rating., I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith

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