John and Steph

Hello All
Back in May 2005 I was sent to work in the states by a british firm, I was under the impression I was to act as a consultant only but that wasn't accurate, long and short of it I was arrested for working with out a visa, which is accurate, the firm denied everything and the lawyer in the states said he never received any instructions from the uk to obtain a visa, contrary to my former boss's opinion.
Well back in 2008 we applied for permanent residency, wife is us citizen, would have been approved if we had completed the I212, we didn't get round to it as the job offer I had vanished when the company went bust.blessing in disguise, the economy fell on its bum and there was nothing for us to go to so we forgot about it.
Now we would like to return to visit family and friends for a holiday, I have all the evidence I need to prove I have no desire work there but my question is this, Do I need to go down the route of I 212 followed by B2 visa accompanied with DS156 and VCU-1? We are living in the UK. I'm pretty sure that this is not the first time this has happened but any help would be great.

newXgate

You'll need to provide more details. Such as :

- were you deported by the US authorities or did you use voluntary departure ( you arrange to leave at your own expense by a specified date)

- did you enter under the VWP ? or a visa

- what date did you depart/were deported from the US ?

- if you were arrested, were you charged and/or convicted of any crime ?

John and Steph

I was deported by US authorities in May 2005, I did enter under vwp but I was never charged with any crime.
My deportation papers do not state how long I have been excluded for but from reading around I'm lead to believe it's 10 years

scrubbedexpat099

B2 with I think the number is I 197 waiver

John and Steph

Okay thanks I'll check it out

newXgate

I believe the correct form is I212 "Application for Permission to Reapply for Admission into the United States After Deportation or Removal".

John and Steph

I checked out the I212 and that seems to be the form I need If that gets approved do I then fill in the b2 visa and sent it to the embassy?

scrubbedexpat099

Basically you apply for a visa, B2, they refuse it because you have a ban, you then ask to file a waiver.

John and Steph

Thanks Boiler, When you say waiver is that in the form of the I212 or is there some other hoops to jump through?

Ray

http://www.usvisalawgroup.com/

John and Steph

Any other clues or suggestions, I've not heard good things about professional visa companies.

nettlebed

Most people have very little good to say about professional visa companies.

Unless, perhaps, you include immigration attorneys in that category. And even then, the range of competence is very, very wide.

Ray

There is nothing good to say about any of them ..care to give their name
some are downright fraudulent