Is it worth applying for a B1/B2 Visa application after being refused admission under INA 212 /INA 217.4 with a 'criminal' record?

Upvote:2

With your three months on, one month off pattern I'm not surprised you've been denied. That's exactly the pattern that looks like you're trying to live in the US. For that reason alone you're unlikely to get a visa right now, and if you do get a visa at some point and try the same thing again you're likely to be denied again.

For a new application:

  • Don't appear desperate. Wait until later in the year before applying.
  • Apply for what you need and no more.
  • Document your trip and your reasons for returning home extensively. Including return travel if possible. Take this with you when (if) you travel.
  • A shorter trip is more likely to be successful than a longer one. Consider three weeks at Christmas rather than six weeks starting in November.
  • Be aware that your US visa only allows you to show up at the border. The border guard has discretion over the length of stay and may well limit you.
  • Comply with your visa restrictions, and don't be in a hurry to return to the US - you need to establish your credibility.

For your 'criminal' record: answer the questions you're asked honestly, but don't volunteer anything else. You're likely to be asked about convictions and pending court action. Don't mention anything where no action resulted unless they specifically ask you. A DUI sixteen years ago is unlikely to be an issue.

Good luck!

Upvote:3

At this stage of your immigration history things become too complicated for strangers on the Internet to deal with. What you need to do is hire a US immigration lawyer, who will advise you further on how to proceed with your delicate situation. We likewise cannot predict the odds of you receiving a new B1/B2 visa on time for your November visit and this is also where an immigration lawyer would be in a better position to advise.

Submitting a shaky visa application now would be much worse than not submitting one at all. Take things slowly and don't apply for a visa until you're confident your odds are good.

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