My sister entered the U.S. as a visitor and worked at a friend’s restaurant for tips. She left the U.S. in time on her visitor visa. A few months later, she attempted to again visit the U.S. to see me. They barred her.

Question

Allan, Here is what happened. My sister entered the U.S. as a visitor and worked at a friend’s restaurant for tips. She left the U.S. in time on her visitor visa, so there was no overstay. A few months later, she attempted to again visit the U.S. to see me. She was stopped and questioned at the airport regarding her reentry as a visitor. During the interrogation, she admitted working at the restaurant on the last visit. She had no intent to work this time. It was only to help out a friend last time. She was totally honest about what happened. Still, they barred her.

The paperwork says she is deported and barred from the U.S. for 5 years. The thing is she has a boyfriend in the U.S. Do they have any chance of being together? I really appreciate the attention you have given us. Thanks.

Answer

Sevina, Thank you for sending along this information. I wanted to call you back, but I cannot find your number in our data base. The bad news is that she is barred from the U.S. for 5 years as indicated on the paperwork. The good news is that there should not be a second bar. Often, there is more than one bar. In this case, there should not be a second bar.

More good news. I believe that summary deportation was imposed improperly and there should have been no bar at all. She can apply for any visa. However, given that she violated the terms of a visa already by working, a consulate will not want to issue another visa, except perhaps as a fiancee or spouse of a U.S. citizen. If she has a U.S. citizen fiance or spouse, we would need to argue against the bar and also in favor of a bar waiver, both at the same time. The point is that immigration officers do not always do the right thing. There is not a sufficient basis for a bar, but yet they barred her for 5 years. We should be able to overcome the bar.

Please note that your sister also did not do the right thing by working without work authorization. In this case, even if there should not be a bar, it will still be a fight to bring her back to the U.S. This is a fight worth pursuing if she has a U.S. citizen fiance or spouse. If she simply wants her visitor visa reinstated, this can be more problematic.

I hope this information helps. You are welcome to call to discuss further if your sister has a romantic interest in a U.S. citizen and wants to immigrate to the U.S.