PLEASE HELP 212(a)(7)(A)(i) 22 cfr 41.122(h)(3)

[NY577 1]

They found you were living here with your b2. You stayed almost 6 months, went for home 10 days and turned around and came back. No matter how you phrase it, you were living in the US. You are only allowed to stay 180 days in a calendar year, going home for a vacation does not reset the clock, so they cancelled your visa. You can apply for another b2, but the likelihood of you getting one is just about zero. Unless an immediate family member(mother, father or sibling)petitions for you for an immigrant visa( the wait time in that category is about 12 years)you cannot return. If you are here wanting people to tell you there is a way around your situation, you are out of luck. Consider yourself lucky that they didn't deport you for trying to smuggle drugs, seeds are just as bad as the real thing. It doesn't matter that you " forgot" that you had the seeds, you had them.

No better explanation than that

[Boiler 45,486]

No better explanation than that

Well there is no 180 day limit.

[Harpa Timsah 13,258]

The official reason you were refused entry was not to do with the seeds.

Yes, but don't you think the seed incident is in the paperwork for the refused entry? He said he had to sign a paper of some sort that he didn't read. The visa is "cancelled with prejudice" which seems pretty bad, to me. I wonder if seeds aren't considered drugs by law, or something, so he was not cited for it, but the fact remains that his intent was to smuggle illicit substances. His explanation that it was "for a doctor" is also extremely silly and reveals much, imo.

[RhettVoe 282]

Our CBP folks are not mean....you were apparently living (and likely working) in the US with your tourist visa....few people have the resources to live in the US for months out of every year, especially a 'student.' I am sure we are not hearing the entire story. As to the seeds, well, that, along with your lengthy 'tourist' visits has spelled the end of the line for ever getting another tourist visa in the foreseeable future. Your credibility has been reduced to zero. No VO will believe any new story you try in order to get another tourist visa.

No attorney can do a thing towards getting you another tourist visa. Immigration attorneys have no authority or power over our consular folks....they cannot compel them to even answer the phone, let alone give you another visa. All that will happen if you try to hire an attorney to get another visa for you (and you will find a few who will promise you that very thing) is you will be relieved of somewhere between $800-$1000 and wind up with no visa; just apologies from the attorney (along with some overpriced negative comments regarding the consular official who didn't buy the attorney's story either).

When somebody is given a privilege, and then that person takes advantage of that privilege, there will be no more privileges given later. That's just the way the world works.

Realistically, what are you going to tell the VO as to why you are somehow entitled to another visa? that you won't smoke pot? that you've never smoked pot? that you will stay in the US for just 2 weeks instead of 6 months? What credible evidence can you offer that would make such statements believable?

[Boiler 45,486]

Yes, but don't you think the seed incident is in the paperwork for the refused entry? He said he had to sign a paper of some sort that he didn't read. The visa is "cancelled with prejudice" which seems pretty bad, to me. I wonder if seeds aren't considered drugs by law, or something, so he was not cited for it, but the fact remains that his intent was to smuggle illicit substances. His explanation that it was "for a doctor" is also extremely silly and reveals much, imo.

They often will take the easy way out it seems, which in this case allowing him to withdraw his entry.

Anything else we are guessing, certainly the with prejudice remark raises questions.

It only really matters as far as a visitor visa is concerned if they would otherwise have given him one.

Excluding the seeds, reminds me of a friend of mine who effectively had been living in the US, when his B2 came up for renewal he decided not to bother as it would be clear to the Consulate how much he had abused his visiting privileges.

[ArthurSkyNet 0]

That is crazy...

I haven't worked there, haven't take US money to my poket... I had spend more then 10k with taxes to government I don't belong

How is the regular person should to know this technical paper details?

I had a 3 year multi visa + I94 dates = all I have to care about not to overstay... what else??? You let me go, I go... You let me to stay 3 month, I stay 3 month... what is wrong with this.... (just emotions).

That is just super sad... That mean I will never see my relatives!? Crazy!!! One my cousins got married and I got nephew ... CRAZY...

Thanks to all who had replied!

[Harsh_77 718]

That is crazy...

I haven't worked there, haven't take US money to my poket... I had spend more then 10k with taxes to government I don't belong

How is the regular person should to know this technical paper details?

I had a 3 year multi visa + I94 dates = all I have to care about not to overstay... what else??? You let me go, I go... You let me to stay 3 month, I stay 3 month... what is wrong with this.... (just emotions).

That is just super sad... That mean I will never see my relatives!? Crazy!!! One my cousins got married and I got nephew ... CRAZY...

Thanks to all who had replied!

Someone studying law saying all these documents were too technical would not be acceptable.

I am not sure why you think you paid 10K in taxes to US govt, tourist are not required to pay taxes. You were granted tourist visa for the purpose as name states for tourism.

You were in US for 6 months took a short trip for 10 days and were trying to enter again that is not allowed.

I am not sure what else they have on your file besides the codes , the only way you can find out is apply for another visa.

[Harpa Timsah 13,258]

I get 6 months tourist permission to the UK, but I have never thought, "Hey! Let's live in the UK for 6 months! It's legal! Then I can come back and do it again!"

I always understood that was not in the spirit of a tourist visa, and I didn't have to study "special rules" to know that.

I also suspect you know that, because if you told the consulate at your interview that you wanted to go for 6 months on your first trip, then come right back with some pot seeds, then you wouldn't have been approved.

[Shiobhan 235]

First let me say it appeared to them U lived here, staying 6 mths.

then travelling to your country for 10 days seemed like u took a

vacation home to cbp, also a man of your age is expected to

have a job someplace if not there then its here.

Second importing meats,plants, certains foods or seeds especially

weed seeds is a no. no. It appears to custom that your character is

one that will try to bring other illegal items in.

A visa for 3 yrs means it can be used during a 3 yr period to visit, one

cannot stay here for 3 yrs, or leave for a week then return. I don't see

U getting a visitors visa anytime soon, CBP will tell U anything, but they

don't have the knowledge of what when and where U will get another visa

tomorrow. Find out exactly what bans U have and at some point if your mom

is a USC she can petition U. Speaking to an atty will give U more insight.

[Boiler 45,486]

The OP said he is a Student, seems odd that he can study with so little time at home.

Also his Aunt, Uncle and Cousins are in the US, not his Parents. His Mother wants him to move to the US it seems.

[David & Diana R 1,005]

Hello to Everybody.

First of all sorry for my english, it is not perfect.

Some info about me, in case it is needed. So my name is Arthur I Am 28, I live in Russia Moscow city. I graduate university here, has been studying tax law for 6 years.

Here is short story. All my relatives from farther side are living in Los-Angeles. My uncle, my aunt and my cousins. First time I had visited them back in summer 1996. Since then I was dreaming to live in America:) I were lucky to visit my family several times so 1996 2001 2004 2008 2010-2011 all under B1/B2

- During my previous visit I got in trouble. I had arrived to States in october 2010 and went back to Russia in april 2011, so I haven't overstayed allowed 6 month in I-94 form. After staying in Russia for 10 day I had decided to go back to States and spend more with my family. My flight was through washington where all the bad things started. First border officer sent me to extra control. There I got in hands of the man/officer who truly hate all people. He said that I look suspicious to him. Asked why I've been staying for almost six month and coming back so shortly. Basically he was looking for reasons to not let me in. And because of my stupidity he founds it. During my luggage check he found a pack with 8 medical cannabis seed, I bought them for a present to my friend who is a patient with doctor prescriptions. Like I understand they didn't really care what kind of seeds it was. The thing is that in form 6059b under question 11a I signed NO. That means I have no fruits veggies etc and seed with me BUT I had them. I swear to God I totally forgot about them..... After that I become some kinda number one enemy to them! Specially to this mad officer Ka Ho Tong... Interrogation with handcuffs. I was totally destroyed after that...

So after a many hours they said that they can make a deal for me, they called it withdraw application. I didn't know what does it mean at all, but they said in other way it will be worst for me. So I signed some paper and after that I was thrown in airport jail. After ~24 hours they sent me back to Russia. This situation was a disaster for me and my family in States, my mother still doesn't know about it. She is dreaming of my living in States...(

- Now I want to recover my positive status and get at least the same B1/B2 visa. But I don't know is it possible at all.

In my previous passport with canceled US visa there a couple of important codes.

212(a)(7)(A)(i) and 22 cfr 41.122(h)(3) - WHAT THEY MEAN and what should I do to get a new visa...

GREAT THANKS to everybody here,

For Your time, reading and attention!!!

ps visa scan attached

"Medical cannibis seeds" do not exist. Some states in the US allow persons to have a certain amount of medical marijuana for "medical use only". I read your post that you were bringing thse seeds for a friend? You do not have a card that allows you to have medical marijuana by any state in the US. Federal law DOES NOT allow anyone to have any marijuana in their possesion at all. The Feds have a zero tolerance for marijuana of any kind. Federal law always trumps state or local laws. My guess is you have been classified as a drug smugler and you will never be allowed to enter the US again. But that's just my guess.

[David & Diana R 1,005]

Yes, officer was saying that he thinks that I was attempting to imigrate. But it is NOT true! If I was attempting I could just stay there. What is the problem there, I had a VALID visa for 3 years and I am willing to spent the time with my family without breaking any rules, stupid seeds is not a reason to break peoples lives...

I heard about situations where people had worst violations with case status and they were able to get new visas

Please more thoughts for 212(a)(7)(A)(i) and 22 cfr 41.122(h)(3)

How can I check my records and case status.

Is there anything that licensed lawyer can help me with?

Thank you people! Really appreciating for this help...

"Little" seeds grow into big marijuana plants. Drugs is drugs. You should be grateful that they didn't hold you in custody and drag you through days, weeks, or months of court deportation hearings.

[David & Diana R 1,005]

The OP said he is a Student, seems odd that he can study with so little time at home.

Also his Aunt, Uncle and Cousins are in the US, not his Parents. His Mother wants him to move to the US it seems.

Where did the 10,000 dollars he "paid to the US government" come from?

[Boiler 45,486]

Where did the 10,000 dollars he "paid to the US government" come from?

I sort of assumed that was his spending money, not taxes.

[David & Diana R 1,005]

I sort of assumed that was his spending money, not taxes.

You are right. I guess he is talking about GET or sales taxes.