INA 212 ( d) (3)(a) i non-immigrant waiver

[krithiks]

Hello,
In the year 2001, I was charged with fraud/misrepresentation and issued an order of
expedited removal. i have explained my case below.

I was issued an H1B visa in February 2000 and thereafter
entered the U.S. on March 2, 2000. This was my first U.S. visa and first
entry into the country. My H1B was issued following a petition filed on
my behalf by Cel Systems. I worked as an IT consultant for Cel
until March 2001 when my assignment ended. At that time, Cel did not
have another assignment for me. In April 2001, Cell found me a new
assignment, however, this fell through. I then began looking for
different jobs and was offered a position with Global Software in New Jersey in
May 2001. Global informed me that they had filed a new H1B petition on my
behalf. Under this belief, I remained in the U.S. waiting for the
petition to be approved.

I departed the U.S. in September 2001 and traveled to India
to visit my mother who was unwell. I attempted to return to the U.S. on
October 24, 2001 at the Dallas airport with the H1B obtained through Cel Systems,
as it was valid until October 2002. Although I had no intention to return to work for Cel Systems, I
believed that I could use the valid visa to return to the U.S. so long as I did
not begin working until my new H1B petition with Global was approved. I realize now how misguided I was.

At the port of entry, I learned that Global had not filed an
H1B petition on my behalf. Since I tried
to enter the U.S. with an H1B after my employment ended with the sponsoring
company, I was charged with fraud/misrepresentation and issued an order of
expedited removal. I was young and immature and should have researched the visa
rules and requirements before attempting to return to the U.S. Looking back, this is one of the biggest
mistakes of my life. I realize now how foolish
it was to believe that I would be able to enter the U.S. with the visa that I
obtained through Cel even though I was no longer working for that
company.

Since that time, i never travelled to US...My current company would like to have me in US office for 2 weeks for the business planning meetings.
Hence i reached out to an attorney in US who advised me to file a Waiver and asked me to submit the US consulate when i attend the B1 Visa interview.
My Attorney prepared a 212(d)3(a)(i) waiver that i took along with me along with the visa application to the consulate.

On my interview day, the officer did asked me about my previous visit to US but said that he will not read my waiver and do not want to forward that to homeland security. He asked me about my current job, title and salary and said that my visa will be issued.

Though i have the visa today, i dont want to travel to US and put myself in trouble at the port of entry. Can you please advise why did the officer at the consulate believed that i do not need a waiver for the expedited removal and how can i submit the waiver, so that if its approved, i can safely travel to US.

Also, can i file the waiver with the immigration directly?

Any help is highly appreciated.

[krithiks]

can somebody please look at my query?

[peace999]

I think it is too technical for this forum. What does your lawyer say why the officer did not look at the waiver?

[visa_waiver]

refusal worksheet under section 2A1

Hi, I got the Refusal worksheet from consulate and marked with the following,

1. Ineligible found under section 2A1
2. you are eligible to apply for a waiver of the grounds of ineligibility.

What does the section 2A1 mean ? Does the point 2 mean, i got the recommendation from the consular for the waiver ? and What waiver should i apply ? i remember the consular told me, the consulate requested for the waiver, but i don't see that information in the refusal worksheet.