H1B Visa Cancellation on 212 (a)(7)(a)(i)(1) and 5 year ban.What are my options?

kiran2011

By kiran2011,
in Deportation/Removal

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kiran2011 Newbie

kiran2011

Posted
Posted

Hello Immigration Gurus,

 

My wife went on vacation to India for my brothers marriage and stayed for 3 months unexpectedly. We discovered that she is pregnant after going to India and couldn't travel back to US as it is unsafe to travel during first trimester. But, she has been working remotely for 2 months and took off for 1 month with loss of pay. She travelled back to US last week at Chicago airport. But, they didn't allow her to admit into country and deported her back to Home country. They said its because of Employer fraud issue and barred for 5 years. She has valid H1B visa till 2017 and working for same client from past 14 months. Client is ok to get her back and can provide all documentation.  Employer can also provide all documentation required. She got scared with their interrogation and have not given confident answers.  They have taken her into custody and stressed her a lot. Didn't provide proper food for 2 days even though she is pregnant and no communication with outer world. What are the options we have now to bring her back to country? Please help me on this?

 

Thanks in Advance!

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  • 1 month later...
cap-gap Advanced Member

cap-gap

Posted
Posted

if the fraudster employer was the only reason, POE would've given ur wife an option to voluntary departure w/o ban..also it seems the employer is doing fine and dandy per ur post..so there might more reasons for the ban than u are disclosing..

 

the ban would be across the spectrum for all the visa types..the only recourse is to challenge the ban, if it is really bcz of the employer..contact Murthy..I remember them posting a winning case story against the 5 yr ban..

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