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Hi. My girlfriend's B1/B2 tourist visa was cancelled last year. Can she re-apply to get a new visa?

Los Angeles, CA |

It was cancelled last year due to making a false declaration when she attempted to re-enter the U.S. after making a trip to Tijuana, Mexico. She had been here in Los Angeles, CA for about 2 yrs & had been working here for the last year.

They asked her if she was working in the U.S. At first she responded that she wasn't but then she had to admit that she was when they discovered her work I.D. They cancelled her visa for making a negative declaration and denied her entrance to the U.S. They told her she can reapply for her visa for readmission after a year. She realizes that she committed a wrong-doing in working and is resentful. As for myself, I miss her dearly and ask as if there is any chance that she can reapply for a visa & what are the chances that she will be granted one.

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Attorney answers 3


Depending how she was charged. If for fraud or misrepresentation, she is inadmissible for life. She will need a waiver which will not come unless she is your wife and you manage to prove extreme hardship.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Unlikely but no harm in trying


I agree with my colleagues. She can reapply but if the application contains the same facts and same evidence it is unlikely she will be successful.

Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.