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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

  1. 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.

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

  3. 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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