Reapplying for B1/B2 after my visa has been canceled

[TheBigCeline 0]

Hello everyone,

 

I hope all of you is doing well!

 

Back in July, I had withdrawn my application for admission at the port of entry, under 22 CFR 41.122(e)(3).

 My niece would have a birthday soon and we were planning all the family to be there so right now I'm not able to see my relatives who live in the US. 

My brother lives in the US and has a green card and his wife is a US Citizen. 

I have no stable idea why my visa was canceled - even though I could sense they felt like I had intentions to stay which I don't.

 

I want to visit my family again next month and would like to apply again to get a B1/B2 visa - any suggestions?

 

Thank you for your time attention and help! 

[WeGuyGal 1,052]

Extremely difficult to obtain a new visa when previous one cancelled a month ago. The fact that you want to get to the US again indicates lack of ties to your country. 

[Going through 5,671]

Have you overstayed in the US before?  You should have gotten some idea as to why you were found inadmissible, if even just based on the questions the customs officer was zeroing in on.

 

As mentioned above, very slim chance of getting approved so soon after the cancellation.  

[TheBigCeline 0]

10 hours ago, Going through said:

Have you overstayed in the US before?  You should have gotten some idea as to why you were found inadmissible, if even just based on the questions the customs officer was zeroing in on.

 

As mentioned above, very slim chance of getting approved so soon after the cancellation.  

Hey,  Thanks for your reply!

I have never overstayed my visa. 

 

The thing is - I had a visa of six months and I went on a vacation in Canada two days prior to the expiration and then came back and got my visa canceled at the border;

 

I wasn't planning on overstaying my visa, that's why I went on that vacation so I could come back for an extra month and then fly back to my home country.

I had also a flight ticket. Never violated any law and never told why I was found inadmissible - I could only sense it was in some way suspicious for the officer the amount of time that I stayed.

 

[Going through 5,671]

35 minutes ago, TheBigCeline said:

The thing is - I had a visa of six months and I went on a vacation in Canada two days prior to the expiration and then came back and got my visa canceled at the border;

 

I wasn't planning on overstaying my visa, that's why I went on that vacation so I could come back for an extra month and then fly back to my home country.

That would explain it.  The officer correctly presumed you were planning to overstay by your actions.  And you would have been.

 

Many people believe that travelling to Canada or Mexico somehow "resets" the clock in terms of a visa expiring---it doesn't.

Edited August 8, 2018 by Going through

[SusieQQQ 11,587]

1 hour ago, TheBigCeline said:

Hey,  Thanks for your reply!

I have never overstayed my visa. 

 

The thing is - I had a visa of six months and I went on a vacation in Canada two days prior to the expiration and then came back and got my visa canceled at the border;

 

I wasn't planning on overstaying my visa, that's why I went on that vacation so I could come back for an extra month and then fly back to my home country.

I had also a flight ticket. Never violated any law and never told why I was found inadmissible - I could only sense it was in some way suspicious for the officer the amount of time that I stayed.

 

As above - going to Canada or Mexico does not restart your allowed stay. Not clear how long your Canada vacation was but if more than 2 days then you basically did overstay...

 

https://help.cbp.gov/app/answers/detail/a_id/751/~/traveling-to-other-countries-while-in-the-u.s.-on-a-b1-or-b2-visa. 

Pertinent extract for you:

 

B-1 or B-2 Visas:  During your visit to the U.S., you may visit Canada or Mexico for up to 30 days and re-enter the U.S. as long as you re-enter within the period noted on the Form I-94 which you received when you first entered.

For instance, if you come to the U.S. on the July 10th on a B2 Visitor Visa, you may go to Canada and/or Mexico ....and reenter the U.S. any time up until January 10. But because the six month period is up on January 10, you will also have to depart from the U.S. on that same day to avoid being an "overstay" (unless you applied for an extension of stay).

 

 

Edited August 8, 2018 by SusieQQQ

[TheBigCeline 0]

57 minutes ago, SusieQQQ said:

As above - going to Canada or Mexico does not restart your allowed stay. Not clear how long your Canada vacation was but if more than 2 days then you basically did overstay...

 

https://help.cbp.gov/app/answers/detail/a_id/751/~/traveling-to-other-countries-while-in-the-u.s.-on-a-b1-or-b2-visa. 

Pertinent extract for you:

 

B-1 or B-2 Visas:  During your visit to the U.S., you may visit Canada or Mexico for up to 30 days and re-enter the U.S. as long as you re-enter within the period noted on the Form I-94 which you received when you first entered.

For instance, if you come to the U.S. on the July 10th on a B2 Visitor Visa, you may go to Canada and/or Mexico ....and reenter the U.S. any time up until January 10. But because the six month period is up on January 10, you will also have to depart from the U.S. on that same day to avoid being an "overstay" (unless you applied for an extension of stay).

 

 

That explains pretty much everything.

 

I went to Canada three days prior to the expiration date and then came back on the same day of the expiration.

I thought that what matters is to depart from the U.S. before the expiration date and then if I'll come back it just "resets" and I just get a new visa.

 

Anyway, it was too tricky and not clear that's for sure. Do you have any suggestions on when would be the best to re-apply and go through the process again here in my home country's embassy?

[TheBigCeline 0]

1 hour ago, Going through said:

That would explain it.  The officer correctly presumed you were planning to overstay by your actions.  And you would have been.

 

Many people believe that travelling to Canada or Mexico somehow "resets" the clock in terms of a visa expiring---it doesn't.

Sure. I had to expect that. Thank you for your replies though.

 

What do you think would be my best chance to re-issue a new visa?

[Unlockable 7,315]

4 minutes ago, TheBigCeline said:

Sure. I had to expect that. Thank you for your replies though.

 

What do you think would be my best chance to re-issue a new visa?

The odds are against you as of now. Don't expect to be able to get another visa anytime soon. You are free to apply again though.

 

As you now have learned, leaving to go to Canada or Mexico does not reset the clock. It is the oldest trick in the book that immigration put a stop to a long time ago. Those extra days in Canada actually counted towards your stay.

 

If you reply again, let us know how it goes.

[Boiler 45,930]

So you spent most of this year in the US? Perhaps give it a couple of years, get yourself settled in your home country and then reapply.

[SusieQQQ 11,587]

47 minutes ago, TheBigCeline said:

That explains pretty much everything.

 

I went to Canada three days prior to the expiration date and then came back on the same day of the expiration.

I thought that what matters is to depart from the U.S. before the expiration date and then if I'll come back it just "resets" and I just get a new visa.

 

Anyway, it was too tricky and not clear that's for sure. Do you have any suggestions on when would be the best to re-apply and go through the process again here in my home country's embassy?

To be honest, I think having your visa cancelled after a 6-month stay and attempt to re-enter almost immediately would have been a likely outcome even if you hadn’t tried to do it via a contiguous country (there’s quite a lot of info about this restriction on the various embassy websites by the way, it’s a pity you missed it when looking for B visa info). Given this history and that it was so recent and you already want to go again, I’d personally think that your chances of being able to demonstrate sufficient home country ties to a visa officer would be quite low, but of course we don’t know the totality of your circumstances and if you have the cash to spare it’s always worth a try.

[WeGuyGal 1,052]

We usually see a withdrawal of admission, visa being cancelled sounds something more to the story. 

[SusieQQQ 11,587]

3 hours ago, TheBigCeline said:

 

I had also a flight ticket. 

 

Forgot to ask about this - this was presumably for later than your original allowed stay?

[CEE53147 559]

You may get another visas years from now but unlikely any time soon.  You tried an old, well known "trick" and were identified as a B2 abuser.

 

Before trying again, consult an attorney for a review of you then situation.

[Jojo92122 1,924]

Forget about applying.  You are wasting money.  And you are making yourself look desperate to get back to the US.

 

You spent six months in the US in 2018.  From January 2018 to July 2018.  It's August 8, 2018, and you want to come back to "visit" for another 6 months?

 

You went to Canada and was denied entry into the US in July 2018.  Today is August 8, 2018.  

 

Do you expect the US government to grant you a visitor visa so you can come back to spend the rest of the year 2018 in the US?  So how many months in the US versus time in your home country in 2018 if you get a visitor visa? 

You want too much.  You can not spend almost the entire year LIVING in the US.  That is not what a visitor visa is for.  See why you will be denied a visa if you apply? 

Edited August 8, 2018 by Jojo92122