British Expats - Intending Immigrant 214(b)...

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- - Intending Immigrant 214(b)... (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/intending-immigrant-214-b-894700/)

Intending Immigrant 214(b)...

This sorry state of affairs commenced just over a year ago, at Detroit airport, when I was taken aside for secondary questioning for 2.5 hours, detained for roughly 24 and then eventually put back on a plane to where I came from!
I’m a UK expat worker (Engineering Consultant, currently in South Africa) but UK resident.

Anyhoo, I’m in the twilight-zone of that pesky thing described as 214(b)- “intending immigrant”.

Not that I am an intending immigrant, simply a chap who wishes to visit his two children who are US Citizens during rotational leave.

I’ve travelled to, lived and worked in the USA, totally legally, over the past 16 years or so but only spent possibly about 5 of those 16 years in the United States.

I was working in Turkey in 2015, when my dear old mum succumbed to terminal cancer. After completing the arrangements for her funeral, decided that I needed some time off and took a 10 week break in the USA to help cheer myself up. This involved vacation with my two children and their mother.

Upon return to the UK, I started sorting out the details of my mothers estate but the mother of my children was complaining that I should be over seeing the kids. So 10 weeks after returning from the USA I took another trip out to the USA.

This is where I became familiar with the code 214(b).

At the time, the officer that dealt with me was not the type of person you’d easily relate to. She was extremely rude and had zero aptitude for dealing with people who were not actually criminals. I assumed it would be the usual routine of giving a hard time and then being allowed to proceed on my journey but that was not to be the case. I had my ESTA revoked – I still have no idea if this is permanent or not?

The following shift were much more agreeable and described my situation as a “simple administrative error”. And that I could easily resolve the matter by getting a Visa in London before coming back.

I wasn’t convinced at all and unfortunately I was 100% correct.

When I was in London three weeks later, for my Visa appointment, I was advised that I was “in a lot of trouble” – I must have looked somewhat astonished, as I certainly hadn’t done anything to be in trouble.
The lady behind the screen told me that I had previously over-stayed in the USA and been denied entry twice.
I explained that information was incorrect but there appears to be avoidance of anything that actually involves facts in your favour.

At the end of the “talking to” I was given the 214(b) letter and told not to come back unless my circumstances changed significantly. It’s fair to say my circumstances changed significantly after receiving that letter of explanation! I was totally stunned in fact, especially with several previous visits to the embassy under very different circumstances and outcomes.

When I arrived in South Africa in the New Year – I made an appointment to visit the US Consulate here, it’s much more agreeable than the one in London as I live near Edinburgh.

I had a letter from my employer requesting a B1/B2 Visa for business trips and meetings as they have 4 US locations.
Visa was denied and I was advised that I would need to apply for a work permit to live and work in the USA. I explained that I was not going to be living or working in the USA but that was of no interest.

I went back for a third attempt this month and was asked why I had previously applied for a B1/B2 Visa to live and work in the USA…. :O

I explained that I had not applied to work in the USA, simply for a visa to attend potential meetings or business discussions. The only person that mentioned work was the interviewer.

To cut a very long story short, I brought a sheaf of documentary evidence with me to show proof that I had every reason not to stay in the USA but they were not interested in looking at it.

The interviewer advised, that, as I had spent such a long time in the USA previously (even if that was under a work permit/Visa) and had two US children, it would be extremely difficult to overcome the 214(b) status.

I asked why would they not look at my past history, that shows I’ve always travelled to the USA, according to my travel documents.
This was of no interest but I was told that I could apply again and there may be a different outcome.
I replied that I had everything I could possibly bring with me to demonstrate that I was not an intending immigrant so there would be no further personal applications to travel to the USA.

Has anybody here been in a similar predicament?

No intention of “immigrating” to the USA but denied under 214(b).

The obvious solution would appear to be that I should get married to the mother of my children (we have a 15 year relationship now) but this would simply result in me actually becoming an immigrant to the USA.

It’s totally bizarre from my perspective.

Until this matter is resolved, I can only realistically expect to see my children, possibly, once per year, for the remainder of their childhood, which was never part of my plans as a father. Since March 2016 my children have visited me in the UK and we plan to have a holiday here in South Africa in the middle of the year.

I've no desire to repeat the crappy experience of being detained again, so I'd be very reluctant to consider using ESTA, unless of course I could be pre-approved for US Immigration at a local airport and at least denied entry before getting on a flight.