Visa B1/B2 Cancelled help!!!

[Ana1984 0]

Last week at the POE of Houston my 10 year B1/B2 visa was cancelled. I been traveling to the US for more than 15 years with multiple entries. My sister recently got married and move to Indiana, on Novemeber of last year I went to visit her using some vacations I have from my job, also my company asked me go to some trainings at the corporate offices after my vacations were over, so instead of flying back to my country toncorporate to the trainings in North Carolina, I fly from Indiana to corporate to attend the trainings. I came back from the trainings to Indiana on Dec 22th and by law in my country you get from Dec 23th to first week of Jan off because ofnthe holidays so I stayed on Indiana with my sister and her husband for the holidays. Also my parents fly to Indians so we could spend the holidyas all together. When the holidays were almos over my parents decided to stayed more time mainly because my sister asked them to stayed because she was feeling really lonely, she barely speak english, she was still adapting and waiting for her green card and papers to arrived. My sister and parents wanted me to stay so I talked with my company and since it was going to be a longer period they approved me a leave of absence without salary and I stayed until February. When I return to my country I decided to plan a trip to visit a friend in Utah and since the workflow during the month of april was going to be down they approved me some vacations on April.

The immigration officer didn't believe me that I was during that period on vacations and with the Leave of absence and that I return a month later just for another vacations.

I have to attend more trainings for my job on June and I have no visa. I schedule an appointment to get another visa and have all the support papers, letter from human resources from my job confirming all my story, staying that I am their employee, also saying that they approved my vacations, leave of absence, etc I also have prove that I have strong attachments to my country, I have my bank statements, car papers, car loan, house papers, house mortgage.

In the papers they gave me when the denied me the entry they say I was inadmissible to the US pursuant to 212 (a) (7) (A) (i) (I) for being an immigrant without documents. They believed I was going to stay and that in ny previous visits I was working illegally and the put the words 22 CFR 42.122(h)(3). They told me to voluntarily withdrawa and that I could go back to my country and request a new one.

Unfortunately that day I didn't have all these supporting papers or prove to prove the office I was not going to stay.

My question here is I already have an appointment to get another B1/B2 visa it is going to be easy to get again after giving them all the prove and support papers I have?

Sorry fornthe long story I appreciate all the comments or advice you could give me.

[HFM181818 750]

Your story is one that is told everyday by those whose visas were cancelled and now they want another one...'oh gee, my relative was sick and my company said I could take a vacation, but now I have to go for training..'...for a job that you haven't worked in in months? Train you for what? Why is it that you are the only one that needs 'training?' No one else is ever 'trained?'...that's where the story starts to lose its credibility...companies don't send flocks of employees to the US for 'training' after every alleged family emergency...that is not real life. Training can usually be done via telephone or teleconference nowadays (though I am sure that your company will write some letter claiming that this training must be face to face, which is not credible)...

If I was the CO, I would want to see every bank statement of yours for that last 3 years, to see when your salary stopped...then ask how you managed to support yourself for months in the US (no doubt, your sister paid for everything, even though she doesn't work)...and on and on and on it goes...each new part of the story needing some new story to try and give the first story some credibility...

all of these amazing coincidences, that you could take leave without pay, that you had enough $$ to support yourself fully for months, how amazing that the work flow was suddenly slow so you could go back for more 'vacation' and now, of course, more 'training.'

I would say your chances are quite low, because this sort of story must be published somewhere for people to use, because I've heard countless times....4 months off a 'job', now a vacation, now training....makes no sense and BTW, anyone can write anything in a letter...but that does not make anything written in said letter true.

[Unlockable 7,315]

I'm so sorry for your situation.

Reading your post the only thing that stuck out to me outside of the frequent long visits was the corporate training. The officer may have mistook this as occupation.

My only advice is to be prepared for your next interview. The training may come up again.

Good luck.

[Boiler 45,949]

What do you do? Sounds like it might be relevant.

[jan22 3,056]

As Boiler indicated, a lot will depend on what you do -- that will contribute (or not) to the credibility of your story and help frame why you could be gone for so long and how you could afford to stay that long in the US without salary. Also, another part is how large the company you work for is and what, exactly, the training at "corporate" was and why you needed it and why you need additional training at "corporate" so soon after the last training. Unless it is a large, US-based multi-national corporation, your story will not be very credible. Even it is a major US company, it will not be "easy" for you to get another visa after your existing one was just cancelled when trying to re-enter the US after about a four-month stay with only about a month outside of the US...especially with a sister who has already immigrated to the US.

[HFM181818 750]

What the OP may not be aware of is that often CBP makes phone calls to US companies, for which the arriving alien claims to be coming for training -- and it may well be that whatever answer they got (assuming they called) did not coincide with the OP's version....for ex:

"....hello, this is Officer Smith from CBP....could you connect me with the Training Division?..."..(answer)"...the what?"

or:

" This is Officer Smith from CBP....could you connect me with Ms. X, who is taking a training course at your company...."...(answer).."...I'm sorry, but Ms. X is in the xxx division, working on a project.....may I take a message?...hello...? hello..?"

You can see what conclusion CBP will draw. It is possible that when people are brought to the US for the ever popular 'knowledge transfer' or 'training', what is often going on is undisclosed labor for hire...and a surprise phone call to a company can often produce some revealing information, as not everyone within the company may have been given the proper 'script' with which to answer inquiries, and thus a more 'honest' response is given by the employee who isn't in 'the loop', prepared to obfuscate on behalf of the not-quite-so-properly documented 'trainee.'.....just something to think about (besides the current inconsistencies)

[themagician 1]

I have been following this forum posts since my last encounter here and it has been very interesting and informative.

@HFM, i hope an investigation usually follows to be sure it is not just that the call rep knows Ms. okokomaiko as Ms Oma because the name is hard for everyone to pronouce.

[IcezMan_IcezLady 582]

Can Ms. Ana1984 give more info so substantiate all this? May your trips and unusual extended stay or maybe how frequent this trips have been. Something might have triggered that. It is best to hold off and try again later.

Edited April 11, 2016 by IcezMan_IcezLady

[Maritah 101]

Maybe the company where you work can help you with work visa? IMO it's a high probability that you will get denied for tourist visa.

Regards.

M.

[HollywoodNorth 22]

You stayed for 4 months on a tourist visa, left and then attempted to come back a month later for an Utah visit plus training 2 months later?

4 month stay + 3 month stay possibly ? You are spending a half a year in the US with one month of work back home? And that company needs to send you back to the US for training?

People who live in Visa Waiver countries, they get issued a B1/B2 for 6 months even if the trip is just for 3 days. A 10 year B1/B2 doesn't mean you can spend as much time as you want in the US.

I can understand the CO raising an eyebrow at this situation. It's an odd scenario. You are spending a lot of time in the US on a tourist visa, and there is a limit to how long you can stay.. and you would be at risk of triggering the 183 day rule with the IRS.

Edited April 12, 2016 by HollywoodNorth

[JFH 12,191]

I find it odd that this company needs to send the OP on these (expensive?) overseas training courses, covering the cost of accommodation and travel yet she appears to do very little, if any, work for them. When does the training get put into practice? I'm not surprised the CO wasn't happy with her story.

[Transborderwife 4,666]

Op has closed their account

[Boiler 45,949]

Perhaps it was a 'family' business, but sounds like we were coming a bit too close.

[HFM181818 750]

'monkey business?'

[Ontarkie 14,418]

~~The OP has closed their account, as such this thread is locked to further discussion.~~