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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109656
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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A couple of months ago, I was refused entry into the United

Customer Question

A couple of months ago, I was refused entry into the United States using the Visa Waiver Program. I have been told that I am unable to ever enter the US on this non-visa again. I was immediately made to leave within hours of arrival.
I had been entering the US on the Visa Waiver Program to visit my boyfriend on and off over 3 years. Throughout this time I was a resident of another country while running a company and later with a steady freelance job.
At times I stayed in the US for close to 90 days but never overstayed my visa. I was also out of the US for up to 3 or 5 months at times between visas (sometimes just 2 or 3 weeks) but the last time I left for just 4 days for a holiday with my friend and attempted to return.
There are major reasons why I was in and out of the US often during that time, mainly due to offering support to my boyfriend as two close family members passed away during that time.
I was given no warning and was always warmly admitted previously to the US, always telling the truth about my intended length and reason of stay as well as my residency and job status.
On this day, after being taken to another office in the airport, I was asked a few questions similar to what I was usually asked. Within about 15 minutes, I was told that I would have to leave immediately as I was "inadmissible to the United States pursuant to section 212(a) (7) (A) (i) (I) of the INA as immigrant not in possession of an immigrant visa". My passport shows the following code: 8CFR217.4(a)(1)
I then had to answer many questions and was told I would be sent to a facility for the night because there were no flights that day. I was handcuffed and shackled with chains. No one could tell me of the nature/safety of the facility I was being sent to on the other side of the city. The situation was extremely distressing. The facility was not unsimilar to a jail.
I was under so much stress about this as well as attempting to buy a ticket online (a three day, four continent trip) while being told to stop using the internet that I didn't once question my situation or ask what I had done wrong and why all of a sudden I was being treated this way.
I am now wondering if this ban on the VWP was unjust and whether it could be overridden.
At the same time, my boyfriend and I are now looking at other possibilities such as marrying in my country and then applying for a spousal visa whereby I would then enter the US. I was wondering if this above situation will affect the processing of this.
I know that a more common way is to enter on a B1 tourist visa and then marry in the US but I am currently in my country of birth and have only been here a few months (not the country I was a resident of for many years) and I am concerned that I will be turned away on this visa based on insufficient ties to my country.
Thank you very much for your assistance.
Submitted: 2 years ago.
Category: Immigration Law
Customer: replied 2 years ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

I am truly sorry about what has happened to you. I can explain how to report those officers if you feel you were treated unfairly. I will also explain why this happened in a moment. First, I wanted to know, have you changed your mind about immigrating? Now you want to immigrate and live in the U.S.? What country are you from? Your boyfriend is a U.S. Citizen? When was the last time that you saw each other in person?

Customer: replied 2 years ago.
Thank you very much for your response. If there any way that the rest my information can be exchanged with you in private? I would prefer to not disclose too much personal information online. Thank you so much.
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.

Yes, there is, but it is an additional fee. I will send it now. If you decline, that's fine. We can continue here with no additional cost. Thank you.