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

[ArthurSkyNet 0]

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.

Documents where saying 3 years of visa and 6 months for I-94. It does mean that you are allowed to stay for six month during this visit. And that is it, for non "technical" part. Next comes other side with tons of deep rules and regulations of this procedure. And yes I didn't thought that if even there was NO law violation (cbp/dhs) may not like you to be there that much.

The meaning of "10k"was about that I've been spending money in US market, not backward. Yes tourists are not required to pay taxes. So you have run around and collect all receipts for every "bottle of water" you bought. And tax free them all.

Seems like this is the only way to figure out.

Thank You

[ArthurSkyNet 0]

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.

As you probably know things are being different in life, same with situations around you. I went there on the legal statements to spend time with my family members who I am not seeing for years! And if its legal I might come back and do it again!

It is true that you don't need to study special rules if your visa is legit and you have 180 days on I-94. Just stick to the rules/dates your docs have.

I told consulate that I am going to spend 3 month. Pot seed was just stupid, nothing to say. I was under the influence of pot situation in CA, so thought that seed shouldn't be a problem. Anyway stupid...

[ArthurSkyNet 0]

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

If you want to know I would give anything for not getting those papers...

if you understand what I mean.

[belinda63 3,038]

The answer to question is apply for a tourist visa and see what happens. That is the only way you will know.

[RhettVoe 282]

When you applied for your tourist visa, did you tell the consular officials that you were going to 'visit' for 6 months? (I doubt it)...or that you were going to spend far more time in the US than in Russia? (doubt that as well)....and how does a 'starving student' have $10,000 on hand to spend freely? What occupied your time for months and months in the US? Most of us doubt you were just 'hanging around' watching television (and you certainly were not in school studying).

So on top of the pot seeds, you don't appear to be a tourist...so I'd say your chances of getting a new visa is roughly the same as Russia joining the E. U.

[David & Diana R 1,005]

When you applied for your tourist visa, did you tell the consular officials that you were going to 'visit' for 6 months? (I doubt it)...or that you were going to spend far more time in the US than in Russia? (doubt that as well)....and how does a 'starving student' have $10,000 on hand to spend freely? What occupied your time for months and months in the US? Most of us doubt you were just 'hanging around' watching television (and you certainly were not in school studying).

So on top of the pot seeds, you don't appear to be a tourist...so I'd say your chances of getting a new visa is roughly the same as Russia joining the E. U.

You tell'em RhettVoe

[Boiler 45,486]

As you probably know things are being different in life, same with situations around you. I went there on the legal statements to spend time with my family members who I am not seeing for years! And if its legal I might come back and do it again!

It is true that you don't need to study special rules if your visa is legit and you have 180 days on I-94. Just stick to the rules/dates your docs have.

I told consulate that I am going to spend 3 month. Pot seed was just stupid, nothing to say. I was under the influence of pot situation in CA, so thought that seed shouldn't be a problem. Anyway stupid...

I suggest you go back and re read what you have posted, a lot of things to an outsider do not make much sense. And they probably did not make much sense to the person who interviewed you in Washington:

I were lucky to visit my family several times so 1996 2001 2004 2008 2010-2011 all under B1/B2

You have visited your Aunt, Uncle and Cousins a lot more than I have when they lived 100 miles away. On your last visit you spent 6 months visiting with them, came 'home' for a few weeks and then were heading back for another 3 months. I can not believe that is usual in Russia, certainly is not in the UK or USA.

You said you graduated University, presumably you do not have a job? You have never mentioned an occupation. Yet again it is very unusual for someone in their late 20's to have both the time and the money to spend so long visiting relatives.

You have a visa that allows you to visit, very very few visitors have that sort of time to just visit, my guess is that the average visit is more like 2 weeks than 6 months and then you want to come straight back for another 3 months?

Your Visa, like all Visa's to any Country gives you permission to apply for entry, on each individual entry it is up to you to confirm that you are seeking entry as a visitor.

Everything you have said so far suggests you were living in the US with a quick trip back to Russia.

[David & Diana R 1,005]

I suggest you go back and re read what you have posted, a lot of things to an outsider do not make much sense. And they probably did not make much sense to the person who interviewed you in Washington:

I were lucky to visit my family several times so 1996 2001 2004 2008 2010-2011 all under B1/B2

You have visited your Aunt, Uncle and Cousins a lot more than I have when they lived 100 miles away. On your last visit you spent 6 months visiting with them, came 'home' for a few weeks and then were heading back for another 3 months. I can not believe that is usual in Russia, certainly is not in the UK or USA.

You said you graduated University, presumably you do not have a job? You have never mentioned an occupation. Yet again it is very unusual for someone in their late 20's to have both the time and the money to spend so long visiting relatives.

You have a visa that allows you to visit, very very few visitors have that sort of time to just visit, my guess is that the average visit is more like 2 weeks than 6 months and then you want to come straight back for another 3 months?

Your Visa, like all Visa's to any Country gives you permission to apply for entry, on each individual entry it is up to you to confirm that you are seeking entry as a visitor.

Everything you have said so far suggests you were living in the US with a quick trip back to Russia.

Boiler,

I agree 100%.

[ArthurSkyNet 0]

When you applied for your tourist visa, did you tell the consular officials that you were going to 'visit' for 6 months? (I doubt it)...or that you were going to spend far more time in the US than in Russia? (doubt that as well)....and how does a 'starving student' have $10,000 on hand to spend freely? What occupied your time for months and months in the US? Most of us doubt you were just 'hanging around' watching television (and you certainly were not in school studying).

So on top of the pot seeds, you don't appear to be a tourist...so I'd say your chances of getting a new visa is roughly the same as Russia joining the E. U.

It was said before, you are not reading carefully but it's ok...

I had tolled to consular officials that I am going to stay for 6 months, so no doubts with it. Who told you is this graduatED non student anymore is starving or not, and what kind of money he is spending freely...

When you applied for your tourist visa, did you tell the consular officials that you were going to 'visit' for 6 months? (I doubt it)...or that you were going to spend far more time in the US than in Russia? (doubt that as well)....and how does a 'starving student' have $10,000 on hand to spend freely? What occupied your time for months and months in the US? Most of us doubt you were just 'hanging around' watching television (and you certainly were not in school studying).

So on top of the pot seeds, you don't appear to be a tourist...so I'd say your chances of getting a new visa is roughly the same as Russia joining the E. U.

It was said before, you are not reading carefully but it's ok...

I had tolled to consular officials that I am going to stay for 6 months, so no doubts with it. Who told you is this graduatED non student anymore is starving or not, and what kind of money he is spending freely...

[ArthurSkyNet 0]

sorry for double post.

100% percent agree with most part of debaters. It is true that from the other side of the river situation looks kinda shady but for real it's not...

my mistake that I posted some story details...

thread could look much cleaner it there was just straight question.

- Is it possible to get new B1/B2 visa after previous visa was cancelled under 212(a)(7)(A)(i) and 22 cfr 41.122(h)(3).

And the answer is - just apply for a new one and you will figure out.

Once again Thanks to everybody for you time!

Thread can be closet I guess (2 admin, tnx)

Edited November 14, 2013 by ArthurSkyNet

[Bugs 455]

"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.

This. Not to mention he failed to declare the seeds on his declaration form, which is another thing they don't like.

Whether or not all of this is on your record though is anybody's guess. Although "canceled with prejudice" might indicate something.

Like others say, the only way to know is to apply again. And be sure to be HONEST with everything, all forms. That will at least turn your near zero chance into a chance.

[Boiler 45,486]

I am by no means clear that they know what kind of seeds he had

I have had I think an Apple taken in the past.

[Bugs 455]

I am by no means clear that they know what kind of seeds he had

I have had I think an Apple taken in the past.

I had a couple fruits taken once. But I declared them, so there was no penalty or repercussion. They did take them though.

Edited November 14, 2013 by Leon & Mylen

[David & Diana R 1,005]

I had a couple fruits taken once. But I declared them, so there was no penalty or repercussion. They did take them though.

Bingo!

[Kathryn41 3,205]

I'm sorry that you have found yourself in this predicament. Dealing with US border services and immigration is definitely not for the uninformed. They are indeed sticklers for regulations and have very little sympathy for those who, inadvertently or otherwise, violate - or even appear to violate - the regulations. The fact may be that you weren't using the visa for anything other than visiting but the appearance is that you were trying to use it to live in the US because you were here for such long periods of time. They are not in the habit of giving the benefit of the doubt to anyone, ever, and they concluded you were not telling the truth.

This leads to one other consideration - the 'cancelled with prejudice' may not refer to having cannabis seeds, but rather to your statement where you checked 'no', you did not have any fruit, produce, seeds, etc. When you checked 'no' and were then found to have these seeds in your possession, the border authorities deemed you had 'lied' or 'misrepresented' the truth to them. As you made this statement in writing, they take this sort of 'misrepresentation' very seriously. I suspect this is where the 'with prejudice' originates - the apparent misrepresentation. You may have some success appealing this decision at another visa application by saying you 'forgot' you had them but I don't see you having much success.

The only real option is to re-apply, try to address their concerns in the interview (if it gets that far) and expect the best but plan for the worse.