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I went to a visa interview 6 years ago and was asked if I was pregnant. Due to pressure from such questions, I said no. Then later said I was not sure. The consular recorded the No answer and gave me a visa. On arriving the US, immigration officers asked for my docs and noticed I had been pregnant before the interview. By this time I was 36 weeks pregnant. I went through several questioning and intimidation and as a first time pregnant woman who was a first time in the US I had to just agree and say yes I knew I was pregnant so I can just be let to go home as no one cares for my condition. They gave me a 5 yr ban from us entry.

Now it's 6 yrs. I have 2 kids and my husband works most of the time in US and has been travelling without us for the past 5 yrs. This distance is affecting the family. I applied for a new visa and the consular says my previous ban which has exceeded the given 5 years is still on. He refused me and my kids visa. I really feel bad about this. I work in a major oil and gas firm as an engineer. This denial is really hard on my family. I was told 5 years and we managed through the 5 yrs to stay without my husband. It's the 6th year. Why am I being denied and treated like this? However the consular said I can reapply but would have to convince the next consular. What can I do? Please advice me. I'm so pain and feel useless right now.

Edit from answer:

My intention is just to be able to visit US with our kids and return for now. My husband travels bimonthly to the US for work. I really don't know any immigration lawyer that can help.

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    Are you looking to immigrate or just to be able to visit the US? What is your nationality? – Traveller Jan 22 '19 at 15:21
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    The least stressful way to deal with this, if you can afford it, will be to hire a good US immigration lawyer. – phoog Jan 22 '19 at 15:22
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    You would have been given a written document with the section under which your visa was refused. What did it say? – user58558 Jan 22 '19 at 17:21
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    Does your husband have a green card ? is he trying to apply for one ? If he does apply for a green card you should be eligible for one as well iirc. – xyious Jan 22 '19 at 19:26
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    Can you clarify whether you knew at the time of the interview that you were pregnant? Did you lie at that time? Or did you tell the officers at the second time you lied because you felt you had to? – Azor Ahai -him- Jan 22 '19 at 22:57
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As someone who is also in a long distance relationship, I can understand some of how you feel. As has been stated though, regardless of any mental pressure you may've felt during the interview, you apparently knew you were pregnant but said you weren't. That's a lie and, for immigration purposes, a pretty important one. There is probably a higher risk of overstaying for a person who could give birth at any moment, potentially putting strain on health services especially if there are any complications with the baby.

You're not expected to know a good immigration lawyer, just as you're not expected to know a good electrician before you actually need their services. But you should begin looking for one ASAP.

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    There's also the point that a baby born in the US is automatically a US citizen. – David Richerby Jan 22 '19 at 18:49
  • Comments are not for extended discussion; this conversation has been moved to chat. – JonathanReez♦ Jan 24 '19 at 22:48
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Just because your ban is over doesn't mean you will be admitted to the US.

A ban means you are automatically unable to get a visa. After the ban is over, they will consider your application. Unfortunately the fact that you lied on an application in the past (that is how they see it, whatever reasons you give) means that they are likely to consider you a bad risk and deny you a visa, which they are perfectly allowed to do.

There are things you can do to try to fix this, but you absolutely need to consult a good US immigration lawyer. This is true even if you are attempting to visit the US rather than immigrate.

If you don't know a good immigration lawyer (and most people don't) you could try getting you husband to ask around at work. Someone probably knows one.

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  • If the consular says the ban is still in effect then it is. – user58558 Jan 22 '19 at 17:17
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    I think that is the questioner's misunderstanding. She also says the consular said she could reapply, which they would not have said if the ban was still in place. – DJClayworth Jan 22 '19 at 17:32
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    a FOIA request would clear up the confusion in a few short months. – xyious Jan 22 '19 at 19:25
  • @xyious : Although that might possibly be true under normal circumstances, if it's possible to file a FOIA request during the shutdown, it's likely that there's a backlog of requests from the past month ... and I doubt they'll be moving more people to processing requests once they're back to normal operations. – Joe Jan 23 '19 at 15:19
  • "you absolutely need to consult a good US immigration " This is all that needs to be said. If the OP is a professional, highly-paid, managerial, working person, it seems utterly bizarre that they are having any trouble finding a lawyer. – Fattie Jan 24 '19 at 14:56
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To answer your question, let's note the only people who have a right to enter the USA are US citizens. All others are issued a visa and/or admitted at the pleasure of the consular officer and immigration officer at the airport.

The fact that your period of inadmissibility is over only means that you should not and cannot legally be automatically denied a visa. That said US immigration definitely remembers your past transgression and it weighs heavily on your trustworthiness. USA immigration tends to take the viewpoint that a person who lies is capable of other unethical and/or illegal behavior and cannot be trusted not to do so once they arrive here. Americans take lying very seriously as I have learned in my time in this country.

At this time, many people are having their visas voided for the least infraction, and sometimes for no infraction, just suspicion. With this current administration, there's probably nothing they dislike more than birth tourism or suspected birth tourism.

Mexican Woman Denied Entry

Amid crisis, Venezuelans say US is revoking tourism visas

The above are just a few very recent examples of women whose visas got revoked for suspected birth tourism. Your chances of reentering the USA again, and particularly under this administration are slim and none. In my humble opinion retaining the services of a competent attorney is a waste of time and money.

If perhaps however your father or fathers friend or boyfriend is a congressman or senator or politically connected, your chances could be better

They are the models who could bring down a senator.

Sen. Robert Menendez mobilized his staff to secure a visa for a Brazilian actress who posed nude on the cover of Sexy magazine; he stepped up for a sultry Ukrainian student who wanted a plastic-surgery consult; and he directed a staff member to “call Ambassador asap” in order to reverse a visa denial to a 22-year-old Dominican model.

The young women were all paramours of Dr. Salomon Melgen, 60, a married eye doctor and one of Menendez’s biggest donors, prosecutors charge.

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    This wasn't making sense to me until I realized the husband isn't a US citizen. Far be it from my place to say... but... Him living in a foreign country is why the family isn't together. – Mazura Jan 23 '19 at 2:15
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    I believe this answer would be improved by removing the part at the end about "If perhaps however your father or fathers friend..." etc. since it likely does not apply to the OP or other readers of this question and answer in similar circumstances. – stannius Jan 23 '19 at 17:20
  • @stannius well, it's something to try. – Tourette Tourist Jan 24 '19 at 13:07
  • This is a GREAT answer. Particularly the example from recent headline news. Good one. – Fattie Jan 24 '19 at 14:58
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    HWC, "In my humble opinion retaining the services of a competent attorney is a waste of time and money." I don't actually agree, but: both the adults in question seem to be managerial, professional people in the world's richest industry. It's totally absurd that they don't simply hire an attorney. It costs less than they would spend on washing machines each year, it's a non-issue. – Fattie Jan 24 '19 at 14:59