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Called by consulate for second interview and my visitor visa valid for 10 years was cancelled. Can I apply again?

Chicago, IL |

I had a valid visitor visa (10 yr) issued in 2011. visited US to meet parents who arrived in US as permanent residents in 2011. At the entry, I told i am here to visit my parents who just arrived as permanent residents. issued i-94 for 6 months. left US by land well within 6 months but forgot to handover i-94. in 2012, i was denied boarding & was asked to embassy. thought may be its because I didn't return i-94. i sent back i-94 with supporting departure docs. Also applied for a redress number & mentioned that my family is resident of usa. Then got email from consulate for 2nd interview & they cancelled my visa and gave no reason when i asked. Stamped as without prejudice, handwritten thrice as cancelled but was told revoked. FYI, early 2012 mom applied i-130 for me. Can i get visa again?

I need to apply for work purposes. my company wants to send me for training and business meetings in usa.

Attorney Answers 3

Posted

You can always apply but you might just see the same decision. The reason is that one an I-130 is filed in your behalf there is an immigrant intent which is difficult to overcome.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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Asker

Posted

Thank you

Posted

By having PR parents and an I130 filed on your behalf is prima facie evidence of immigrant intent. Consult an attorney

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Posted

Thank you

Posted

Yes, you may apply again, but unless you cure what was the basis for the first denial(s) you are likely to receive the same response. In your case, because of your LPR parents, it appears that this fact is seen as evidence that you harbor an immigrant intent, i.e. you yourself will want to immigrate to the U.S. since your parents already have. This is in contradiction to the purposes of the visitor visa, which may be why it was denied. To optimize your chances of being able to travel to the U.S., consult an immigration attorney.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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Asker

Posted

Thanks. But there was no first denial as such. I was issued the visa and i visited. Then after i applied for redress number ( denied boarding ), after a few months, I received an email from consulate for additional interview. I went in and they cancelled my visa. I asked the reason, they never gave one. officer said I can reapply if i want to. I asked him how soon can I, he said anytime i want. So they called me to cancel my visitor visa which I had, then i was said i can reapply for the same visa. does it happen where they cancel the same and give you again the same visa?

Gunda Johanna Brost

Gunda Johanna Brost

Posted

Denial here = canceling the visa.

Gunda Johanna Brost

Gunda Johanna Brost

Posted

See my previous reply - yes you can reapply but something obviously led them to cancel the visa in the first place. Unless that "something" is fixed, it's more likely than not that you may see the same result (no visa issued).

Asker

Posted

Thanks for your time. I asked the officer twice, he did not give me a reason. Also when the visa was stamped " cancelled without prejudice" he wrote "cancelled" across the visa three times. But verbally he said your visa is revoked. i am confused since all three terms mean differently. Do you think that something is because my parents arrived as LPR and there is i-130 filed? I know there is no correct answer, as such i will just take it as a opinion .

Gunda Johanna Brost

Gunda Johanna Brost

Posted

That would be my guess, yes. However, please do not rely solely on an online advice format. I did not see your application details and was not present during the interview with the officer, so I am merely guessing based on what my impression is.

Gunda Johanna Brost

Gunda Johanna Brost

Posted

If there is an I-130 filed on your behalf that would definitely be immigration intent, wouldn't you agree?

Asker

Posted

Yes I agree with you, it is an immigration intent for sure. Its just that i didn't think I will be specifically called and get my visa cancelled. Also the officer never gave me any reason. Also when my visa was cancelled, I wasn't given any paper work at all and no sections were quoted for cancellation of visa. Thanks for your time

Gunda Johanna Brost

Gunda Johanna Brost

Posted

My pleasure. Perhaps consider consulting with an immigration attorney to follow up. Since an I-130 has been filed on your behalf already, that may be an option to pursue down the road for you to come back to the U.S.

Asker

Posted

Yeah perhaps. I hope that the recent ninth circuit ruling on CSPA priority date retention gets upheld at the supreme court this December. If that does happen, I should be able to get the immigrant visa immediately since priority date will be current based on current visa bulletin. Unless the priority dates are retrogressed.

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