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MAJOR PROBLEM re: Entering US for Business trip/pending waiver

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MAJOR PROBLEM re: Entering US for Business trip/pending waiver

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Old Sep 1st 2003, 6:24 am
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Default MAJOR PROBLEM re: Entering US for Business trip/pending waiver

OMG!
My Huz just got an e-mail from his Director saying he needs to fly to Chicago then Michigan in December for a week with his whole company, Compulsory International Training! He can not get out of this trip!

We are currently 2 weeks into the wait for a decision on an I-601, due to a conviction from 12+ years ago!

Obviously he can not enter the US because of this pending decision but his Boss does not know anything about our immigration status and quite frankly that is the way we want it until WE know for sure what we are doing ourselves.

Logically speaking, if the waiver is approved then he will be fine - though he will need to fly to the US and back prior to the business trip to 'activate' his PR status, because it would look pretty odd at Chicago POE when everyone else in his company get sped through immigration leaving him giving fingerprints!!! Explain that one!
Saying that though - he would probably have mentioned his intention by then - however he would not want to be excluded from the trip - which could happen if they thought he was leaving - however, the trip would give him the opportunity to get the info and contacts he will need to get employed once we are there! - IF we get approved. (Is your head spinning yet?)

If he is denied the waiver, then I don't know what will happen - it's catch 22! If he is denied he will want to keep his excellent job more than ever BUT how will he travel to Chicago for training? Would he be able to apply for a tourist or business trip visa?
If the waiver of ineligability is denied, does that mean he is barred? Someone please explain if you can.
I can't believe any of this is happening!!! PLEASE HELP
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Old Sep 1st 2003, 6:59 am
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Ugh, what a mess! Can't you contact the embassy to tell them about the urgent business trip and maybe hurry along the decision a little? Maybe your husband could explain that he has a small visa problem from a previous trip without having to go into detail with his boss? I presume he can no longer use the VWP because of the previous denial?
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Old Sep 1st 2003, 8:03 am
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Originally posted by Rockgurl
Ugh, what a mess! Can't you contact the embassy to tell them about the urgent business trip and maybe hurry along the decision a little? Maybe your husband could explain that he has a small visa problem from a previous trip without having to go into detail with his boss? I presume he can no longer use the VWP because of the previous denial?
Hi Rockgurl
We thought about contacting the Embassy but I don't think it will help - I can't imagine any situation making them go faster than they already are. The previous trip visa problem may be a good idea and could save some awkwardness - that could work, IF he gets approval. Until we get that decision - we're stuffed! If it's a denial - I dont even know what happens - I don't know if he would be subject to a ban?!
He can't enter the USA at all while there is an application going through and VWP is out of the question - they would turn him around at POE if he attempted that and probably slap on a 10 year bar for good measure. Can you imagine 'Apologies to the Chairman, he'll just have to head up the conference without me, I'm too busy being deported' eeeeek!
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Old Sep 1st 2003, 8:06 am
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I think he may have to consider feigning appendicitis!
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Old Sep 1st 2003, 10:14 am
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Default Re: MAJOR PROBLEM re: Entering US for Business trip/pending waiver

[QUOTE]Originally posted by Tormented Soul
sometimes there is no help, sometimes babies die, sometimes airplanes fall
from the sky. sometimes young lovers are seperated by the death of one,
sometimes disease consumes the righteous. sometimes all you can do is throw
ashes upon your brow and scream to the heavens "Why me?!!!"


What a gorgeous little ray of sunshine ROTFLMAO!!!!!!!!!!!!
You've made my day!!!!! Really - that's LOL stuff!!!!!
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Old Sep 1st 2003, 10:58 am
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Perhaps he should 'fess up and avoid this mess by speaking truthfully.

If I were him I would tell my boss that:

"This trip comes at an awkward time because X and I are looking at the possibility of moving to the US. Because of A & B it seems like a good choice for us. I wasn't going to tell you until I knew it was at least a possibility, but we won't have feedback from the consulate until mm.dd.yy. "

Then explain the problems for entry etc.

If they don't want to send him, that is your loss but it is still a far better situation than to try and "use" this current employer to get contacts. You will probably find that you get respect for honesty, not punishment. But, regardless... its the right thing to do.

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Old Sep 1st 2003, 6:40 pm
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Default Re: MAJOR PROBLEM re: Entering US for Business trip/pending waiver

Originally posted by whatever
OMG!
My Huz just got an e-mail from his Director saying he needs to fly to Chicago then Michigan in December for a week with his whole company, Compulsory International Training! He can not get out of this trip!

We are currently 2 weeks into the wait for a decision on an I-601, due to a conviction from 12+ years ago!

Obviously he can not enter the US because of this pending decision but his Boss does not know anything about our immigration status and quite frankly that is the way we want it until WE know for sure what we are doing ourselves.

Logically speaking, if the waiver is approved then he will be fine - though he will need to fly to the US and back prior to the business trip to 'activate' his PR status, because it would look pretty odd at Chicago POE when everyone else in his company get sped through immigration leaving him giving fingerprints!!! Explain that one!
Saying that though - he would probably have mentioned his intention by then - however he would not want to be excluded from the trip - which could happen if they thought he was leaving - however, the trip would give him the opportunity to get the info and contacts he will need to get employed once we are there! - IF we get approved. (Is your head spinning yet?)

If he is denied the waiver, then I don't know what will happen - it's catch 22! If he is denied he will want to keep his excellent job more than ever BUT how will he travel to Chicago for training? Would he be able to apply for a tourist or business trip visa?
If the waiver of ineligability is denied, does that mean he is barred? Someone please explain if you can.
I can't believe any of this is happening!!! PLEASE HELP



I wouldn't talk to his company (my husband also has not told his company our plans, even though we have the visa already) they will not want to keep on someone who may leave any day. By the way, as for a tourist visa, there is a waiver which apparently is much easier to obtain for CIMT, meaning that in case you are denied (which you probably won't be anyway), you can apply for that waiver (i think, of course this needs checking out). I still think it may be worthwhile to call the embassy, just on the off chance they can grant him a temporary visa. Otherwise, the only thing i can think of is to say he has an important event he can't get out of (real important wedding or something?)
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Old Sep 2nd 2003, 12:48 am
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Default Re: MAJOR PROBLEM re: Entering US for Business trip/pending waiver

Originally posted by whatever
OMG!
My Huz just got an e-mail from his Director saying he needs to fly to Chicago then Michigan in December for a week with his whole company, Compulsory International Training! He can not get out of this trip!

We are currently 2 weeks into the wait for a decision on an I-601, due to a conviction from 12+ years ago!

Obviously he can not enter the US because of this pending decision but his Boss does not know anything about our immigration status and quite frankly that is the way we want it until WE know for sure what we are doing ourselves.

Logically speaking, if the waiver is approved then he will be fine - though he will need to fly to the US and back prior to the business trip to 'activate' his PR status, because it would look pretty odd at Chicago POE when everyone else in his company get sped through immigration leaving him giving fingerprints!!! Explain that one!
Saying that though - he would probably have mentioned his intention by then - however he would not want to be excluded from the trip - which could happen if they thought he was leaving - however, the trip would give him the opportunity to get the info and contacts he will need to get employed once we are there! - IF we get approved. (Is your head spinning yet?)

If he is denied the waiver, then I don't know what will happen - it's catch 22! If he is denied he will want to keep his excellent job more than ever BUT how will he travel to Chicago for training? Would he be able to apply for a tourist or business trip visa?
If the waiver of ineligability is denied, does that mean he is barred? Someone please explain if you can.
I can't believe any of this is happening!!! PLEASE HELP
Hi:

The conviction that causes the need for the I-601 is ALSO a bar to any non-immigrant entry! If he needs to enter for business, the will need a waiver in any case -- for a visit it will be a "212(d)(3)" waiver.

I've never done one -- but I've seen them. One instance I know of was where the family immigrated but one member needed an I-601, while it was pending, he was given a B-2 and 212(d)(3). [BTW, his waiver never was adjudicated as the embassy where it was pending was bombed and the consulate handling his immigrant visa was closed due to a civil war in the country of his residence. A long but true story].
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Old Sep 2nd 2003, 2:03 am
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Default Re: MAJOR PROBLEM re: Entering US for Business trip/pending waiver

Originally posted by Folinskyinla
waiver never was adjudicated as the embassy where it was pending was bombed and the consulate handling his immigrant visa was closed due to a civil war in the country of his residence. A long but true story.
Plan B is we lead the revolution & get the 601's sorted that way then whatever ?

Jovially Yours
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Old Sep 2nd 2003, 4:11 am
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Whatever, I think you should hold off on telling his company anything! I still think you have a wonderful chance of being granted the waiver approval. You should know in plenty of time whether or not it is approved... if it is not that you can figure out the best way to tell his company.

btw... I emailed London this morning.. and no decision has been made yet on our waiver... 6 weeks tomorrow!
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Old Sep 2nd 2003, 4:39 am
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I read all the above posts - thanks guys.

Shannon: I'm sorry but as Honest as we are in life, it would not be sensible to reveal anything right now. I agree with sph and BeachBunny. As soon as it becomes realistic for us to talk about our personal choices with the employer - we will. My Husband is in a tough new business sales position and there is no room for sympathy or a personal life!! You are either 110% devoted or you get shown the door. We would not be using his present employer for contacts - he wants to work for the same company but at one of their US branches and the business trip would mean he would meet people that he would potentially work with in the future - good networking opportunity.

BB:
Oh my gosh - I CAN NOT believe you are at 6 weeks already! Did the embassy indicate how much longer??? You must both be going out of your minds!

Doctor Scrumpy: What week are you at tomorrow? Week 3 or 4? We'll be at a pathetic week 2!!! LOL

and finally,

Folinskyinla:
Wow! What a story! Hmmmm..Any chance we can bomb London Embassy?? JUST KIDDING (no hate mail please )!!!!!!!!
Thanks for sharing your knowledge. You've now got my brain ticking! What's a B2 - a business trip visa?
I now understand about the 212(d)(3) - does that have a name? Is that a temporary non-immigrant waiver? Maybe I should look on BCIS rather than question you.
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Old Sep 2nd 2003, 4:43 am
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Have you ever heard of Echelon? Saying that on a registered account? Not smart at all.

If you get RFE'ed you will know why.


Originally posted by whatever
Hmmmm..Any chance we can bomb London Embassy?? JUST KIDDING (no hate mail please )!!!!!!!!
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Old Sep 2nd 2003, 5:13 am
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Originally posted by DCMark
Have you ever heard of Echelon? Saying that on a registered account? Not smart at all.

If you get RFE'ed you will know why.

No I have never heard of that. What's RFE'ed?
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Old Sep 2nd 2003, 5:27 am
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Be 3 weeks now for our 601. The time has flown by penguin-like.

Don't know what echelon is, but if they refuse you because of an obvious joke on here, then it says more about them than it ever does about you.

Keep on chewing them fingernails !
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Old Sep 2nd 2003, 5:48 am
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Echelon is a program run by the NSA and FBI which monitors all emails (and other forms of communication) for key phrases, such as what you wrote. I think it was very unwise of you to make a public threat against an American target in this day and age (even if you are joking). Especailly when that threat is made from an account you registered for, hardly anonymous.

Although unlikely, a post like yours could alert the FBI which would then have the BCIS give your case a TON more scrutiny. Thus an RFE (Request For Evidence).



Originally posted by whatever
No I have never heard of that. What's RFE'ed?
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