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Posted

Hi, was hoping someone can offer advice.

 

I'm a canadian. Normally Canadians don't need a us tourist visa, but because I had over stayed a visit in 2014 (because I unknowingly waited for the return of my renewed passport), I was required to apply for a b-2. I have been using a b-2 visa for the last 3 years (with 7 years remaining) for medical reasons.  So far no major issues except today, I was denied boarding for a flight to the us. Check-in personnel told me that my us visa was denied & told contact the us consulate. I tried calling the us consulate but it's just voice recordings. I then called customs & border protection but they said that they couldn't tell me why it was revoked & that it was the consulate's decision. I emailed the us consulate & am waiting for an answer.  In the meantime, should I re-apply for a new visa? Will the consulate email me back with a reason why it was revoked? 

Posted

Unfortunately, all anybody here can do is speculate as to why it was revoked. Hopefully you hear back soon.

 

Are you certain you didn't overstay again? Check your I-94: https://i94.cbp.dhs.gov/I94/

Do you have any criminal offenses since you obtained the visa?

How often and how long were you coming to the US?

Did you engage in anything that could be considered unauthorized work?

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted

Yes, i only stayed in the us from july-dec. 22 so within the 6 months period.  The only thing I can think of is that the CBP agent stamped "until Jan 10, 2017" on my passport on my last visit to the US in July 2017.  Obviously he should've written "jan., 10, 2018".  Do you think "jan. 10, 2017" was entered into the system rather than "jan. 10, 2018" so it looks like it's an overstay?

Posted

Regarding the other questions:

- no criminal history

- I was working in the us with valid h1-b & TN visas for a number of years. After that, I entered with a tourist visa with no issues until the overstay in 2014. From 2014-2017, I've been using a b-2 visit for medical reasons.

- definitely no unauthorized work (no part-time / full-time, freelance etc)

Posted
22 minutes ago, canuck70 said:

Yes, i only stayed in the us from july-dec. 22 so within the 6 months period.  The only thing I can think of is that the CBP agent stamped "until Jan 10, 2017" on my passport on my last visit to the US in July 2017.  Obviously he should've written "jan., 10, 2018".  Do you think "jan. 10, 2017" was entered into the system rather than "jan. 10, 2018" so it looks like it's an overstay?

Many times they do permit 6 month stays, but sometimes they only permit entry for 3 months or 1 month or weeks (or very rarely days). That said, it does sound like he granted 6 months and just wrote the wrong year (since Jan. 10, 2017 would have been before you even entered).

As stated, check the I-94 using the website above. That will confirm what your entry, exit, and permitted stay were recorded as.

 

17 minutes ago, canuck70 said:

Regarding the other questions:

- no criminal history

- I was working in the us with valid h1-b & TN visas for a number of years. After that, I entered with a tourist visa with no issues until the overstay in 2014. From 2014-2017, I've been using a b-2 visit for medical reasons.

- definitely no unauthorized work (no part-time / full-time, freelance etc)

Ok, good...no issues with working or criminal histories. Was all medical care handled out of pocket (i.e. no public funds used)? That's the only thing that I can think off (without wild speculations!) that would jump out at me as an issue.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted

Thanks for the link! 

 

I checked & it stated:

- days overstayed: n/a

- days left to leave the country: n/a

 

It also says "your traveler status is not available at this time. If you have not received results, you are not among the eligible travelers for the traveler compliance check at this time" 

 

Posted

The medical treatment is paid out of pocket. I show Canadian bank statements over the last few years to provide financial capability for medical & living expenses (thus no employment) as well as proof of Canadian home purchase. 

 

Regarding i-94 history: I see departure & arrival history but nothing unusual stands out. 

Posted

All that checks out fine, then. Hmm...I'm not sure what would have caused it to have been revoked already.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted

I'd stick with the consulate. It's the holidays now so you probably won't hear back for a bit, unfortunately.

There's little point in applying for a new visa until you know why the old one was revoked.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted
1 hour ago, canuck70 said:

Yes, i only stayed in the us from july-dec. 22 so within the 6 months period.  The only thing I can think of is that the CBP agent stamped "until Jan 10, 2017" on my passport on my last visit to the US in July 2017.  Obviously he should've written "jan., 10, 2018".  Do you think "jan. 10, 2017" was entered into the system rather than "jan. 10, 2018" so it looks like it's an overstay?

Can you clarify, you said you’ve been using the B2 for the past 3 years. Which year was the July-December stay? How often and how long were the other stays during the 3 years, or were they all jul-dec of each year?

Posted

Yup, that would do it. I (incorrectly) assumed that " i only stayed in the us from july-dec. 22" meant that was the only recent stay in the US, when asked about how often and how long they were coming to the US.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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