Question details
I am working in USA with the J1 visa as Postdoctoral Fellow. In April 2017 my girlfriend tried to come to USA and she was refused under the section 212a, because she told to the TSA agent that they did not have a serious relationship with anybody in USA, and they found out that she had sentimental links to me checking her phone, we were in bad moment in our relationship by that time. She has double nationality Venezuelan/Italian and she was trying to get in USA with the Italian ESTA. They removed her ESTA for ever and they told her that If she wan to enter in USA she is going to need a visa. Then I got married with her trying to get a J2 visa for her but the consulate denied twice her application under the article 214b, one in August ( after got married in Venezuela, and the other one now in December (on December we went together because I had to renew mine, but not success for her one).
Anyone who attempts to gain any immigration benefits, including visas, through perceived fraud or misrepresentation is permanently barred from entering the USA. In cases like this, you can try to revisit these findings with the consulate, but these are long, drawn out battles and difficult to win. Temporary visits may be possible with something called a 212 (d) (3) waiver.
FAQ Transcript
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My O petition was approved through your help and when I went for O1 Stamping my visa was not issued due to Chennai consulate in patent misunderstanding of the law that being subject to INA Section 212(e) home residency requirement.
Finally Mr Khanna sent the a brief explanation that "It is long settled law that 212(e) does NOT apply to O-1 visas" and i got the O1 stamping. I am convinced that with the current experience of obtaining the O visa with your guidance, and support of Miss Diane Lombardo and Miss Anna Baker I would definitely be a client for my future needs. I am very pleased with the service and the application was very diligently prepared by your staff with communicating with different parties of my sponsor institution. The staff at the sponsor institution were amazed by the pleasant nature of Miss Diane Lombardo. I was very confident by your mails that my visa will successfully stamped. I whole heartedly thank you Mr. Khanna and your team. I would advise my pears to get the best job done right, is to hire Mr. Khanna. I am eagerly looking forward to working with you in the future. Thanks, Raghava Munivenkatappa