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My US Visitor B1/B2 was cancelled at the POE (Section 212(a)(9) and Section 235(b)(1) (7)(A)(i)(II).

Indio, CA |

The CBP officers were convinced that I was working illegally which is not true. I did look for jobs casually but never worked. Please help me with my chances of getting a new B1/B2 visa. I have been banned for 5 years with a red colored cancelled stamp on my visa.

Attorney Answers 3

  1. Based on these facts it appears you were found to be inadmissible to the U.S.. due to the fact that you previously remained in the U.S. for a period longer than permitted (i.e. you overstayed) and the Immigration Inspector believes that you are an intending immigrant. As a result you were expeditiously removed from the United States. The likelihood of overcoming these ground of inadmissibility will depend upon the specific facts of your case.

    Consult with an experienced immigration attorney who can review your case, advise you of the options available, and how best to proceed. Many immigration attorneys, including myself, will conduct consultations via telephone or Skype for clients out of their local area.

    Jeffrey A. Devore, Esq.
    Board Certified Immigration Attorney
    Devore Law Group, P.A.
    4100 RCA Blvd., Suite 110
    Palm Beach Gardens, FL 33410
    Telephone: (561) 478-5353
    Facsimile: (561) 478-2144
    Skype: jeffrey.a.devore

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation.

  2. If you did not overstay your previous times spent in the US on your B-1/B-2 visa, but did stay for almost the full time as allocated on your I-94 (maximum is 6 months) and you did this 1-2 times or more, then yes, unfortunately, USCBP often gets overly trigger happy and will react the way they did to you and "expeditiously remove" you, i.e. basically deport you at the port of entry without you ever having set foot in the US. If the officer had been nice they could have offered you to "withdraw your request for admission" and either cancelled your visa or not but just not allowed you to enter and that way you would simply not have been allowed to enter BUT no record of removal and no 5 year bar. Technically, you can apply for a waiver with USCIS called a INA 212(d)(3) waiver to erase the (5) year bar and if granted, its usually valid for 1 year from the time the waiver is issued meaning you then have to re-enter the US within the (1) year, but of course you also need to re-apply for another B-1/B-2 visa at the embassy or consulate prior to being able to return to the US even after having been granted the waiver.

    Now the waivers are usually not even considered early on so I would recommend to wait at least 2 years since your expedited removal and then apply. Technically you can apply now but the chances of success are very low in my opinion.

    Contact me in 2 years and I'll be glad to try to help you, good luck and sorry to hear about your situation.

  3. I agree with my colleagues.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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