Sentencing exception to CMT

Old Oct 14th 2023, 7:12 pm
  #16  
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Default Re: Sentencing exception to CMT

I don't have a US employer currently. I have been offered a role by a US company. They asked me to go and meet them in person in order to close the agreement and negotiate a contract of employment. For that reason I applied for a B1-B2 in order to go and meet this potential employer. I didn't want to take the risk of using ESTA given the CMT I have on record.

If I explain the situation to the US company, hopefully they may still want to offer me the job - in which case, they could apply for the correct visa from their side. But then I don't want the CMT to create a refusal. I hope that makes sense.
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Old Oct 14th 2023, 7:18 pm
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Default Re: Sentencing exception to CMT

Yes, that may well be the case. As a general rule, you must first qualify for the visa applied for, only than can the Consular officer proceed to the next step as to whether or not to recommend a waiver....In your case this did not happen, hence a refusal under CIMIT.


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Old Oct 14th 2023, 7:20 pm
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Default Re: Sentencing exception to CMT

Regardless of what you have stated, you did not convince the Consular office of your intent.
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Old Oct 14th 2023, 7:20 pm
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Default Re: Sentencing exception to CMT

Ah, that makes much more sense now. Sounds like the interviewing officer might have thought you'd intend to work in the US, so an easy no for them.

What is the job? As above, the employer has to sponsor your visa usually, they'll need to get their lawyers on it and work out what visa you may be eligible for, but not all jobs qualify for a visa.
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Old Oct 14th 2023, 7:27 pm
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Default Re: Sentencing exception to CMT

Forgive me if I am being slow on understanding this - and I do sincerely appreciate your replies. So you are saying:

The officer decided that I was a refusal on 214(b) - therefore had no cause to even consider the exemption to CMT?

- but why then does the letter I received have an X marked in the box 212(a)(2)(A)(i)(I) crime involving moral turpitude

It goes on to read, IN ADDITION to your permanent ineligibity (marked above) - you have been denied under Section 214(b)...... etc etc
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Old Oct 14th 2023, 7:28 pm
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Default Re: Sentencing exception to CMT

I work in professional sports
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Old Oct 14th 2023, 7:40 pm
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Default Re: Sentencing exception to CMT

Originally Posted by TommyG1988
I don't have a US employer currently. I have been offered a role by a US company. They asked me to go and meet them in person in order to close the agreement and negotiate a contract of employment. For that reason I applied for a B1-B2 in order to go and meet this potential employer. I didn't want to take the risk of using ESTA given the CMT I have on record.

If I explain the situation to the US company, hopefully they may still want to offer me the job - in which case, they could apply for the correct visa from their side. But then I don't want the CMT to create a refusal. I hope that makes sense.
So during the interview, you told the case officer that your reason to visit the US was to meet a potential employer?
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Old Oct 14th 2023, 7:46 pm
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Default Re: Sentencing exception to CMT

yes i did tell them that as its the truth
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Old Oct 14th 2023, 7:49 pm
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Default Re: Sentencing exception to CMT

Originally Posted by TommyG1988
yes i did tell them that as its the truth

Not often we have the situation where a potential US employer asks a potential employee to fly to the US to discuss contract etc. Were they going to pay for your flight and accommodation?
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Old Oct 14th 2023, 8:14 pm
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Default Re: Sentencing exception to CMT

Yes they agreed to pay all expenses for the trip for both my wife and I.

I should say that was not mentioned in the visa interview.
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Old Oct 14th 2023, 8:20 pm
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Default Re: Sentencing exception to CMT

Originally Posted by TommyG1988
Yes they agreed to pay all expenses for the trip for both my wife and I.

I should say that was not mentioned in the visa interview.
Are you an exceptional talent in your line of 'professional sports'?

Paying for you AND wife is quite unusual......

With both of you going to the US the case worker probably thought there was the good likelyhood you would not return to the UK......
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Old Oct 14th 2023, 10:15 pm
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Default Re: Sentencing exception to CMT

Originally Posted by TommyG1988
Forgive me if I am being slow on understanding this - and I do sincerely appreciate your replies. So you are saying:

The officer decided that I was a refusal on 214(b) - therefore had no cause to even consider the exemption to CMT?

- but why then does the letter I received have an X marked in the box 212(a)(2)(A)(i)(I) crime involving moral turpitude

It goes on to read, IN ADDITION to your permanent ineligibity (marked above) - you have been denied under Section 214(b)...... etc etc
We're all just guessing really, but to me it sounds like you were refused for both. But whereas normally you may have still been able to carry on with the process if your visa was denied under CIMT and you were eligible/recommended for a waiver, that didn't happen as you had a second reason for refusal.

Originally Posted by TommyG1988
I work in professional sports
Have the company told you what visa they propose to get for you?
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Old Oct 15th 2023, 12:25 am
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Default Re: Sentencing exception to CMT

Consultation with an attorney versed in US immigration law AND non-immigrant visa experience in LND might be in order.
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Old Oct 15th 2023, 4:09 pm
  #29  
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Default Re: Sentencing exception to CMT

Here's hoping that your prospective employer is willing to wait for you to try to straighten out the visa issue. Realistically, if you aren't going to be qualified for a tourist visa, you have little chance of being issued a work visa or perhaps a self-petition for an O visa (a visa for someone with exceptional talent, etc.)

Get yourself to the immigration attorney who can help you with your options and paperwork.
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