New Visa after 212(a)(7)(A)(i) 22 cfr 41.122(h)(3)

[ArthurSkyNet 0]

Hi everyone!

I hope all of you is doing well! Thanks for your time attention and help! Appreciate it!

Well, back in 2011 got had withdrawn my application for admission at the port of entry, under codes 212(a)(7)(A)(i) and 22 cfr 41.122(h)(3).

Almost 5 years had past, and all this time a was not able to see my relatives who live in US. And I cant take it any longer, want to see my two just born nephews.

So I am trying to apply for a fresh B1/B2. And in a DS-160 there is uncomfortable question for me:

-Has your us visa ever been cancelled or revoked?

-Have you ever been refused a U.S Visa, or been refused admission to US, or withdrawn your application for admission at the port of entry?

For sure I have to declare the truth so the answer is YES.

But what info should be provided in window - explain in my case???

any suggestions on whole theme are welcome...

Thank You!!!

[dwheels76 5,468]

Hi everyone!

I hope all of you is doing well! Thanks for your time attention and help! Appreciate it!

Well, back in 2011 got had withdrawn my application for admission at the port of entry, under codes 212(a)(7)(A)(i) and 22 cfr 41.122(h)(3).

Almost 5 years had past, and all this time a was not able to see my relatives who live in US. And I cant take it any longer, want to see my two just born nephews.

So I am trying to apply for a fresh B1/B2. And in a DS-160 there is uncomfortable question for me:

-Has your us visa ever been cancelled or revoked?

-Have you ever been refused a U.S Visa, or been refused admission to US, or withdrawn your application for admission at the port of entry?

For sure I have to declare the truth so the answer is YES.

But what info should be provided in window - explain in my case???

any suggestions on whole theme are welcome...

Thank You!!!

What did they tell you when they allowed you to either withdraw your application or they cancelled your application or Visa at the border? Usually these types of cancels are due to the fact they believed you were immigrating.

So did they search your bags and find evidence you were going to stay? What was told to you?

[Boiler 45,486]

You have been through the interview before, you may be asked about that attempted entry and why the PoE suspected you of immigrant intent.

[canadian_wife 1,822]

I assume your visa was cancelled when you were denied entry? Is that the case?

good luck

[ArthurSkyNet 0]

Thanks to this forum and mr.JayJay!

- 212(a)(7)(A)(i) is basically for being an intending immigrant - CBP didn't believe that you were coming to the US for vacation. They believed you were coming to the US to live here.
- 22 cfr 41.122(h)(3) states the following:
(3) The alien is notified pursuant to INA 235(b) by an immigration officer at a port of entry that the alien appears to be inadmissible to the United States and the alien requests and is granted permission to withdraw the application for admission;

[Boiler 45,486]

Technically your visa was not cancelled and you were not refused admission.

Not sure if I would answer that question that way, not as if they do not know what happened, will be in the system.

[ArthurSkyNet 0]

So what should be stated in "explain" window?

codes? intending immigrant? or else?

tnx!

[Boiler 45,486]

They will ask you a few questions, probably will ask about your last attempted entry. Just answer the questions.

[ArthurSkyNet 0]

You are right, in the interview they will ask alot of question and I have answers on them.

But the question now is what to answer DS-160 in window "explain" , which will show up after ill put YES under questions:

-Has your us visa ever been cancelled or revoked?

-Have you ever been refused a U.S Visa, or been refused admission to US, or withdrawn your application for admission at the port of entry?

TNX!!!

[Boiler 45,486]

You could say no, I think I would play it safe and say yes.

[ArthurSkyNet 0]

Here is DS160 questions I am talking about?

How to deal with them in my case?

TNX!

[jan22 3,053]

Can't answer the first question re cancellation of your visa -- you should be able to tell if they wrote across it or not or said it was cancelled in any paperwork they gave you. It is likely it was cancelled, but nobody on the forum can tell you for sure.

You clearly should say "yes" to the denied entry question. They fact that you chose to withdraw the application means its easier to apply for a visa (and a few other benefits) but would not convince a visa officer that you were not, in fact, denied entry and could lead them to believe you are misrepresenting things. They will already know about the turn-around, so you might as well be as upfront about it as you can be. I would just cite the refusal code they gave you as the reason for the denied entry -- that's the most accurate and easiest to record.

Edited June 18, 2015 by jan22

[ArthurSkyNet 0]

additional info...

[ArthurSkyNet 0]

So what to declare in "explain" window?

[jan22 3,053]

As I said in my previous post, I would just cite the section of law under which you would have been denied entry if you had not withdrawn the application -- just as you listed in the subject line of your post.