My mom was in the USA twice for 5.5 months, she had 1 year visa. She had been assisting me with my child, so l could work. I believe that she was refused by mistake due to a communications misunderstanding. The visa officer accused her of working as a barber during her stay in the USA, actually I’m working as a barber, she didn’t work anywhere here except to take care of my infant child. She had B1/B2 visa. Can I apply for any of the waiver? Ds160 form was correct.

  • You need to contact an immigration lawyer. Normally, the USCIS would have had plenty of evidence before refusing someone for misrepresentation. Unfortunately, the burden of proof is on you. You will have to show there was no material wilful misrepresentation. What is your status in the USA? – greatone Nov 15 '18 at 5:12
  • @Momof2 Did your mother stay 5.5 months in total or two stays of 5.5 months each time? – Traveller Nov 15 '18 at 8:56
  • I’m permanent resident (dv green card). I did contact 2 lawyers, they sad my chance is 10-15%. And this small chance gonna cost me 15000$. She stayed for 11 months total. – Momof2 Nov 15 '18 at 12:56
  • Then there is your answer. – DJClayworth Nov 15 '18 at 14:16
  • If a nonimmigrant visa was denied only due to bans, one can apply for a nonimmigrant waiver through that same visa officer; the officer can let you know the process to apply for a waiver after the denial. If it was denied due to immigrant intent, there is no waiver for that. – user102008 Nov 15 '18 at 18:38