Reapplying for USA VISA after Deportation

[softy 0]

Hi,

I have been deported from USA , Boston in the year 2011 July 31st.I was on B1 visa and had to go to my Client for Training and Business discussions and had to return in 4-5 weeks.

I was denied port entry by the ICE (Immigration and Custom Enforcement) officer and sent back to my country the next day with the next flight.Before sending they took my questionnaire (like who sent me here, where I was supposed to go , who will pay for my visit,my name , address , took my finger print scans - all ten fingers).They gave me two options - to cancel my visa or bar me from entering USA for 2 years.I chose the first option.They said they are cancelling my VISA and i can reapply for it .After that officers took me to the ICE cell and i stayed there overnight.

Now my questions are as follows :

(1) Can I reapply for the visa again

(2) While applying there is this question ?

Have you ever been the subject of a removal or deportation hearing?

WHat should I answer for this "yes" or "no" .

I didn't attend hearing but I heard Immigration officer would be going to present the questionnaire to the Judge the next day.

(3) Also the reason for why the visa has been cancelled ?

The officer said that on B1 visa he cant allow me to enter the USA and sit in Client's premises and work there , though I was going for training and support discussion.

(4) Have you ever been in the U.S.?

Shoul i say yes for a day?

Need your kind /supportive answers.

Rgds,

softy

[Tim/Mav 305]

You answered all your own questions... Yes, you can re-apply.

You will be answering YES to the other questions. You state: You were Detained by ICE and Deported. Thats just a fact now.

I don't know what you violated but simply re-applying without a remedy for that deportation would seem a waste of time.

What did you violate?

[Asia 2,498]

First thing first - you weren't deported. You were denied to enter the US. At least that's what I think after reading your post.

1 - yes

2 - did you get any legal paper (which you might also signed) or something? Did you had any hearing or seeing an immigration judge?

3 - did you get any paper with some explanation why you were denied/your visa was canceled?

4 - IMO no, but wait for the answers from more experienced people.

Edited December 21, 2012 by Asia

[Tim/Mav 305]

First thing first - you weren't deported. You were denied to enter the US. At least that's what I think after reading your post.

1 - yes

2 - did you get any legal paper (which you might also signed) or something? Did you had any hearing or seeing an immigration judge?

3 - did you get any paper with some explanation why you were denied/your visa was canceled?

4 - IMO no, but wait for the answers from more experienced people.

To me, being detained by the US Goverment is an Arrest which means "Held against will."

.

Also states: Given a choice. No, not really.. Re-apply or we will escort you to a plane. Non-the-Less, your leaving now.

Not much of a choice. The OP is asking: How do I return legally with this in my past/record now I assume.

Edited December 21, 2012 by Tim/Mav

[Penguin_ie 5,995]

*** Moving from NVC to Tourist visa forum ****

OP- there is a big difference in beoing deported vs being denied admission/ withdrawing your application for admission. What, if any, papers did you sign? is there anything written in your passport?

[Noah Lot 391]

To me, being detained by the US Goverment is an Arrest which means "Held against will."

.

Also states: Given a choice. No, not really.. Re-apply or we will escort you to a plane. Non-the-Less, your leaving now.

Not much of a choice. The OP is asking: How do I return legally with this in my past/record now I assume.

you were not deported, but since you were not admitted, certain other 'inalienable rights' don't apply...apparently CBP figured out that your 'training' was nothing more than disguised employment, a situation that is all too common...few people really need 'training' in the US for weeks and weeks and weeks...or the infamous 'knowledge transfer' ..both terms are one and same...work. As for getting another visa, well, your credibility is somewhere around zero right now...and will likely remain there for some time. The VOs will be more than reluctant to grant you another visa for alleged 'training'...knowing now that you were really going to work in the US...(CBP likely has some inside information on the company from previous experience, and they will be sharing that information with the embassy, just in case you try to rewrite history or conjure up a new story. So yes, you can apply, but it is doubtful that any VO with more than eleven minutes of experience will give you a visa for quite some time (years)....

[Asia 2,498]

To me, being detained by the US Goverment is an Arrest which means "Held against will."

To me he/she wasn't simply arrested. They wanted to put him/her in the next plane to his/her country, but maybe there wasn't any flight that day, so he/she had to stay somewhere, since he/she was denied an entry to the US.

[Boiler 45,761]

It would seem likely that they believed that you would be working in the US.

You can reapply as often as you want. I do not think it really matters how you answer that question.

[Brother Hesekiel 2,236]

You were not deported. Not even close. You were denied entry based on the assumption that you don't have a valid visa for your intended visit. Give us the I-212 entry in your passport and we'll tell you the line of action. Most likely you can reapply right away. But it's possible that CBP will deny you entry again. Understand that a visa is just pre-clearance, that you have no right to enter, and that you are ultimately always at the mercy of the CBP officer who may or may not have a good day when you show up.

[softy 0]

You were not deported. Not even close. You were denied entry based on the assumption that you don't have a valid visa for your intended visit. Give us the I-212 entry in your passport and we'll tell you the line of action. Most likely you can reapply right away. But it's possible that CBP will deny you entry again. Understand that a visa is just pre-clearance, that you have no right to enter, and that you are ultimately always at the mercy of the CBP officer who may or may not have a good day when you show up.

Plz see my other post i have mentioned about this I 212 number.

[softy 0]

Hi,

Yes I was being asked few questions(20-30) and noted donw on a paper which was signed by me at the end.

I didnt attend any hearing but I heard the officer is going to present them to the Judge next day, they didnt ask me to attend the hearing and send me to the ICE cell to stay over-night there.

Yes I also assume that they doubted that I have come to work there in the USA on the pretext of training, though i wasnt come there for that .It was a training and busniness discussion and i had the return ticket with which have to come back after 4 weeks.It was my bad that it happened with me and since I was goign for the first time I went with all the original documents(my eductaion and employment certificates , etc) so they may have doubted that i will be applying fr job here.I had taken some home made food and packed food also as I am not in a habit to eat outside food.There were food grains and pickle as well in it which they strongly denied to take inside.They might be thinking that this is the food i am piling for the time i get no job.I dont fear from all this as I know I didnt do any wrong , neither my intentions were to stay in USA .I wanted to attend the training and business discussions and wanted to come back as soon as possible.

Now I am applying again and I am clueless what to answer for this question?

Have you ever been the subject of a removal or deportation hearing?

Kindly assit.

This has been written on the back of my passport : WD/ER 8CFR 235-4 ZIZ (A)(7)(B)(i)(ii)

AZ00548671 31JUL2011 BOS IZ9ZJQ

Kindly note that ZIZ can be 212 I am not sure .But it is written this way only !!

Rgds

Softy

[VanessaTony 3,567]

This has been written on the back of my passport : WD/ER 8CFR 235-4 ZIZ (A)(7)(B)(i)(ii)

AZ00548671 31JUL2011 BOS IZ9ZJQ

Kindly note that ZIZ can be 212 I am not sure .But it is written this way only !!

It wasn't that they thought you were going to stay (that might be it as well) but they thought you were there to WORK, which isn't permitted on the visa you had. 4 weeks implies "work", not "training".

The 8CFR 235-4 is: withdrawal of application for admission

§ Sec. 235.4 Withdrawal of application for admission. (Section revised effective 4/1/97; 62 FR 10312 ) (Corrected 4/1/97; 62 FR 15362 )

The Attorney General may, in his or her discretion, permit any alien applicant for admission to withdraw his or her application for admission in lieu of removal proceedings under section 240 of the Act or expedited removal under section 235(b)(1) of the Act. The alien's decision to withdraw his or her application for admission must be made voluntarily, but nothing in this section shall be construed as to give an alien the right to withdraw his or her application for admission. Permission to withdraw an application for admission should not normally be granted unless the alien intends and is able to depart the United States immediately. An alien permitted to withdraw his or her application for admission shall normally remain in carrier or Servic e custody pending departure, unless the district director determines that parole of the alien is warranted in accordance with § 212.5(b) of this chapter. (Amended effective 1/29/01; 65 FR 82254 ) (Corrected 4/1/97; 62 FR 15362 )

212(A)(7)(B)(i)(ii) is:

(7) Documentation requirements.-

(B) Nonimmigrants.-

(i) In general.-Any nonimmigrant who-

(II) is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission, is inadmissible.

Basically the codes mean you withdrew your application for admission, and that you weren't in possession of the correct visa type to enter. In this case I would say they mean that you were supposed to enter with a work visa as you intended to work.

[VanessaTony 3,567]

Now my questions are as follows :

(1) Can I reapply for the visa again

(2) While applying there is this question ?

Have you ever been the subject of a removal or deportation hearing?

WHat should I answer for this "yes" or "no" .

I didn't attend hearing but I heard Immigration officer would be going to present the questionnaire to the Judge the next day.

(3) Also the reason for why the visa has been cancelled ?

The officer said that on B1 visa he cant allow me to enter the USA and sit in Client's premises and work there , though I was going for training and support discussion.

(4) Have you ever been in the U.S.?

1. Yes

2. No. A removal or deportation hearing is when YOU would go before a judge. You withdrew your application for admission and returned to your country.

3. I would simply put the codes here that are on your passport, but that's only if you tick yes fr #2

4. Have you? If this was the first time you tried to enter then it's no, you weren't permitted entry.

if you wanted to be safe and put yes or #2 then put the codes written in your passport. I don't like your chances of entry though.

[softy 0]

Thanks for the replies.They are really insightfull.Also there is a question :

Have you been ten-printed?

What does this means , all ten finger prints scanned.Yes i was ten printed by ICE officers at the airport.

Should I write yes for this.

Rgds,

Softy

Edited December 23, 2012 by softy

[softy 0]

Also what should I write for this Question :

Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?

I have no clue about this.

Rgds,

Softy