Reapplying for B1/B2 after my visa has been canceled

[WeGuyGal 1,052]

1 minute ago, CEE53147 said:

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.

A competent attorney is likely to provide the same guidance as members here, just sayin.  Moreover, attorneys can't influence visa decisions. 

[Boiler 45,930]

2 minutes ago, WeGuyGal said:

A competent attorney is likely to provide the same guidance as members here, just sayin.  Moreover, attorneys can't influence visa decisions. 

Main difference is that they will charge.

[WeGuyGal 1,052]

1 minute ago, Boiler said:

Main difference is that they will charge.

And promise to get em to the US if they pay a retainer. 

[SusieQQQ 11,587]

1 hour ago, WeGuyGal said:

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

Or just overstay, unless he managed to leave North America that exact day he was refused entry (I think - minor discrepancy in his story) he was in overstay. If showed a flight ticket later than that day (that question hasn’t been answered yet) same as intent to overstay and I would guess valid reason for visa cancellation too?

[Jojo92122 1,924]

What the OP wants to do is the exact reason for the no reset policy for visiting Canada and Mexico.

 

The OP wants to live the entire year in the US and be technically legal.  People think they can live in the US with a visitor visa by making back to back visits with visa runs to the neighboring countries.  They think they can outsmart the system and stay legal with back to back 6 month visits by going to Canada or Mexico for a few days.   OP has repeated the exact same pattern.

This is not Thailand.  Visa runs do not work in the US.  

OP has spent 6 months in the US.  Refused re-entry within the last few weeks.  NO WAY will an attorney or anyone else going to be able to help get the OP another visitor visa.  

[geowrian 22,338]

"Border runs" to extend one's legal status is an old trick that is highly unlikely to work.

Staying too long within the US and not long enough outside the US is a surefire way to draw attention from CBP that you are living and/or working in the US, not being a visitor.

It's also a sign of not having strong ties to compel you to return home...>6 months in the US is a very, very long time for a tourist.

There's almost no chance of a new tourist visa being issued, but it only takes $160 (+ time) to try. Wait a while (year(s)) outside the US, build up ties abroad, then you might qualify for a tourist visa again.

[WeGuyGal 1,052]

38 minutes ago, SusieQQQ said:

Or just overstay, unless he managed to leave North America that exact day he was refused entry (I think - minor discrepancy in his story) he was in overstay. If showed a flight ticket later than that day (that question hasn’t been answered yet) same as intent to overstay and I would guess valid reason for visa cancellation too?

Can't be an overstay if OP left the US within 2/3 days prior to i94 expiration. S/he wasn't readmitted, therefore no US overstay could've occurred. 

[kris&me 572]

3 hours 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?

so u came back the day visa expired=/ u would have had to leave the US that day

now u have overstayed and there is a ban/ u need to find out how long the ban is

[Jojo92122 1,924]

6 minutes ago, kris&me said:

so u came back the day visa expired=/ u would have had to leave the US that day

now u have overstayed and there is a ban/ u need to find out how long the ban is

Incorrect.  You have completely misunderstood the OP's situation.  

 

A visa can be used until it expires.  The permitted time in the US is controlled by the I-94 expiration; expiration of the visa does not affect time permitted in the US.

 

There is no overstay.  OP left 2 or 3 days before overstaying.  OP was allowed to withdraw admission when trying to return from Canada.  

 

Since there was no overstay, there is no ban.  Furthermore, an overstay of less than 180 days does not result in a ban.

 

 

[SusieQQQ 11,587]

24 minutes ago, WeGuyGal said:

Can't be an overstay if OP left the US within 2/3 days prior to i94 expiration. S/he wasn't readmitted, therefore no US overstay could've occurred. 

Intent to overstay (even if OP didn’t realize it) was crystal clear however, I’m sure that’s reason enough for cancellation. It’s one of the most common reasons for not issuing a visa in the first place, after all...

Edited August 8, 2018 by SusieQQQ

[Boiler 45,930]

Not sure a ban really matters in this case, not likely they will issue a visa anytime soon.

[CEE53147 559]

Attorney cannot promise or influence a visa. The attorney should be able to advise OP on what is needed to have the best chance of obtaining another B2 visa.

[Amadia 711]

21 hours ago, TheBigCeline said:

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

Based on USCIS information, this grounds for revocation of visa falls under the following category:

 

Grounds for Revocation

The Department of Homeland Security (DHS) may physically revoke a visa as described under 22 C.F.R. 41.122(d) under the following circumstances (listed in 22 C.F.R. 41.122(e)): (3) The alien is notified pursuant to INA 235 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.

 

You mentioned being here on a 6mth visa and then travelling to another country, then re-entering on the date of visa expiration. Also made mention of not being notified of being inadmissible. The officer would deem you inadmissible when you try to re-enter the US via border, airport or seaport.

 

Best you try again in a year.

 

[TheBigCeline 0]

6 hours ago, SusieQQQ said:

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

Right. For the end of August.

 

 

[MKM 50]

Just because you were approved for a B2- visitor visa it doesn't mean that you were approved to stay in the USA for the entire duration of your visa.

 

Edited August 8, 2018 by MKM