Can I apply for a B2 visa with 212(a)(7)(a)(i)(i) refusal?

[Travelling_kiwi 4]

Hi,

 

a couple of months ago I got pulled over at the USCB for a secondary screening where I was pretty much detained for 13 hours while the immigration officers tried to figure out whether I was planning to stay in the US permenately or not as I was on a ESTA visa staying for 3 months. My trip was to travel to LA, Miami, Nashville and then New York over Christmas. At the end my passport was stamped with 212(a)(7)(a)(i)(i). I was told to reapply for a visa that was more suitable for my purpose of being in the US.

 

When I arrived, I had the following:

Return ticket, bank statements, proof of my business, address, a couple of phone bills... Then they looked at my phone where they found a couple of messages from me to my friends saying “I’d like to live in the US one day” and messages from my friends and I just jokingly saying that we would find somebody in the US and get a green card etc... Obviously, I wouldn’t because I have a life over here in Australia! But that’s what the immigration officer read. I’m also a freelancer (when I have time) for some companies I’ve signed up for online eg: freelancer, behande and fiver. Some clients I do work for are based in America, but they’re based all over the world. I’ve also been to the US no more than 2 weeks for festivals the last 3 years.

 

Im wanting to plan a trip over again for a festival and max I’ll stay is 2 weeks... will I be able to apply on a B2 tourist visa?

 

Thanks!

[Crazy Cat 42,037]

9 minutes ago, Travelling_kiwi said:

and messages from my friends and I just jokingly saying that we would find somebody in the US and get a green card etc...

You can apply any time you like....but If that is recorded anywhere, good luck....you'll need it.  Chances of success are less than 40% imo.

It seems you were a likely risk to overstay and work from inside the US.........then there is the "joking"........

Edited January 3, 2019 by missileman

[gregcrs2 1,778]

58 minutes ago, Travelling_kiwi said:

Hi,

 

a couple of months ago I got pulled over at the USCB for a secondary screening where I was pretty much detained for 13 hours while the immigration officers tried to figure out whether I was planning to stay in the US permenately or not as I was on a ESTA visa staying for 3 months. My trip was to travel to LA, Miami, Nashville and then New York over Christmas. At the end my passport was stamped with 212(a)(7)(a)(i)(i). I was told to reapply for a visa that was more suitable for my purpose of being in the US.

 

When I arrived, I had the following:

Return ticket, bank statements, proof of my business, address, a couple of phone bills... Then they looked at my phone where they found a couple of messages from me to my friends saying “I’d like to live in the US one day” and messages from my friends and I just jokingly saying that we would find somebody in the US and get a green card etc... Obviously, I wouldn’t because I have a life over here in Australia! But that’s what the immigration officer read. I’m also a freelancer (when I have time) for some companies I’ve signed up for online eg: freelancer, behande and fiver. Some clients I do work for are based in America, but they’re based all over the world. I’ve also been to the US no more than 2 weeks for festivals the last 3 years.

 

Im wanting to plan a trip over again for a festival and max I’ll stay is 2 weeks... will I be able to apply on a B2 tourist visa?

 

Thanks!

So you had no airline tickets or hotel reservations for all those US destinations?

[Dashinka 24,717]

As @missileman stated, you are free to try, but I agree with him, the success is not likely especially if the phone information is noted.  It sounds like the CBP believe your intentions were to immigrate which would point you toward a IV instead of a B1/B2 NIV.

 

Good Luck!

[Boiler 45,918]

Of course you can apply. Not sure that visa was what the PoE meant by appropriate.

[SusieQQQ 11,587]

People don’t just get pulled over, detained for 13 hours and their phone checked etc for no reason. Something raised suspicion. Plenty of ESTA visitors come for close to the max allowed with no problem.

(it occurs to me that just 4 cities in 3 months is an unusual tourist itinerary)

B visa your only option if you want to visit again. 

Edited January 3, 2019 by SusieQQQ

[Unlockable 7,315]

2 hours ago, Travelling_kiwi said:

Hi,

 

a couple of months ago I got pulled over at the USCB for a secondary screening where I was pretty much detained for 13 hours while the immigration officers tried to figure out whether I was planning to stay in the US permenately or not as I was on a ESTA visa staying for 3 months. My trip was to travel to LA, Miami, Nashville and then New York over Christmas. At the end my passport was stamped with 212(a)(7)(a)(i)(i). I was told to reapply for a visa that was more suitable for my purpose of being in the US.

 

When I arrived, I had the following:

Return ticket, bank statements, proof of my business, address, a couple of phone bills... Then they looked at my phone where they found a couple of messages from me to my friends saying “I’d like to live in the US one day” and messages from my friends and I just jokingly saying that we would find somebody in the US and get a green card etc... Obviously, I wouldn’t because I have a life over here in Australia! But that’s what the immigration officer read. I’m also a freelancer (when I have time) for some companies I’ve signed up for online eg: freelancer, behande and fiver. Some clients I do work for are based in America, but they’re based all over the world. I’ve also been to the US no more than 2 weeks for festivals the last 3 years.

 

Im wanting to plan a trip over again for a festival and max I’ll stay is 2 weeks... will I be able to apply on a B2 tourist visa?

 

Thanks!

Look at it this way. The officer had some type of evidence of immigrant intent by the above in bold. Whether you were joking or not, it was used against you.

 

Did you know that it is the officer's job by law to suspect anyone entering on a nonimmigrant to have immigrant intent? This isn't a judgement call by them... it is law! And those messages was enough to deny you entry. 

 

You say...

Quote

Obviously, I wouldn’t because I have a life over here in Australia!

then you turn around and say this...

Quote

I’m also a freelancer (when I have time) for some companies I’ve signed up for online eg: freelancer, behande and fiver. Some clients I do work for are based in America, but they’re based all over the world.

 

So by your own admission, you have the capacity to work anywhere in the world. That does not mean you have strong ties to Australia. Do you have a spouse and kids back there that you must return to, for example? You can pack up with your computer and be a digital nomad. I say all of this to show you why you were denied.

 

You learned a valuable lesson that day, however, it will make you more aware on the process in the future. So no more "joking" about finding someone to help you get a green card. You had an extremely privilege that is now lost.

 

To answer you question, you can certainly apply for a visitor visa. However, the odds are stacked against you. You gave the officers a goldmine of evidence to be able to deny you in the future. But that does not mean it is impossible. Just be aware that people who lose ESTA's are rarely approved for visitor visas immediately after. And now you can see why.

[Nitas_man 3,100]

3 hours ago, Travelling_kiwi said:

 

 

Then they looked at my phone where they found a couple of messages from me to my friends saying “I’d like to live in the US one day” and messages from my friends and I just jokingly saying that we would find somebody in the US and get a green card etc...

 

Im wanting to plan a trip over again for a festival and max I’ll stay is 2 weeks... will I be able to apply on a B2 tourist visa?

 

Thanks!

That's all they needed and it's enough to flag you with immigrant intent. 

 

You can apply as many times as you want but I think your chances are slim of getting one.  You need to demonstrate very strong ties to your home country when you go to your interview.

Edited January 3, 2019 by Nitas_man

[Travelling_kiwi 4]

Thanks for all your answers. 

 

Re: @gregcrs2 - yes I did have a return ticket and hotel reservations - I showed the officer all of that too on paper and in my apps. I was questioned why I had a return ticket :/.

 

@NuestraUnion thank you. I know all the reasons why I got denied entry because the IO explained it to me. He wasn’t rude about it and he told me next time I come through to the US make sure I have all my documents ready and what he found in my messages made him think that I was trying to immigrant on a visa I should be a tourist for. I just didn’t remember whether he said I could apply for the tourist B2 visa or not.

 

I’ve definitely learnt not to joke around again or have any messages like that in my phone!

 

I’ve decided to give B2 a try. Ive got more deeper documents for my ties to back home eg: work courses I’ve paid for and are about to start, my business lease... What other documents will i need to bring to the consulate? 

[gregcrs2 1,778]

7 minutes ago, Travelling_kiwi said:

Thanks for all your answers. 

 

Re: @gregcrs2 - yes I did have a return ticket and hotel reservations - I showed the officer all of that too on paper and in my apps. I was questioned why I had a return ticket :/.

 

@NuestraUnion thank you. I know all the reasons why I got denied entry because the IO explained it to me. He wasn’t rude about it and he told me next time I come through to the US make sure I have all my documents ready and what he found in my messages made him think that I was trying to immigrant on a visa I should be a tourist for. I just didn’t remember whether he said I could apply for the tourist B2 visa or not.

 

I’ve definitely learnt not to joke around again or have any messages like that in my phone!

 

I’ve decided to give B2 a try. Ive got more deeper documents for my ties to back home eg: work courses I’ve paid for and are about to start, my business lease... What other documents will i need to bring to the consulate? 

I did not ask if you had a return ticket.  What I asked is if you had purchased airline tickets for all those US destinations you stated.  Hotel reservations mean nothing as they can always be canceled.  If you had airline tickets for all those destinations in the US you intended to visit, your story would have been more believable.

[Travelling_kiwi 4]

@gregcrs2  yes, I had all my tickets flying out from each city along with my travel insurance. But as everyone stated, the messages on my phone have them enough evidence to suspect me.

[Boiler 45,918]

28 minutes ago, Travelling_kiwi said:

Thanks for all your answers. 

 

Re: @gregcrs2 - yes I did have a return ticket and hotel reservations - I showed the officer all of that too on paper and in my apps. I was questioned why I had a return ticket :/.

 

@NuestraUnion thank you. I know all the reasons why I got denied entry because the IO explained it to me. He wasn’t rude about it and he told me next time I come through to the US make sure I have all my documents ready and what he found in my messages made him think that I was trying to immigrant on a visa I should be a tourist for. I just didn’t remember whether he said I could apply for the tourist B2 visa or not.

 

I’ve definitely learnt not to joke around again or have any messages like that in my phone!

 

I’ve decided to give B2 a try. Ive got more deeper documents for my ties to back home eg: work courses I’ve paid for and are about to start, my business lease... What other documents will i need to bring to the consulate? 

It was not up to him to say whether you could or could not apply for a visa, not their call.

 

To some extent the not having incriminating stuff on your phone is no longer relevant, they have the info on your record.

 

Unusual for documentation to be considered, the key information is that on your application and your past history.

[Travelling_kiwi 4]

@Boiler I wouldn’t know, that’s why I’m here asking! But I have my interview on Wednesday, so I’ll update if successful or not!

[Boiler 45,918]

2 minutes ago, Travelling_kiwi said:

@Boiler I wouldn’t know, that’s why I’m here asking! But I have my interview on Wednesday, so I’ll update if successful or not!

Usually it is just a few questions, might be a bit more about your attempted visit, please do update us.

[Diabloz1019 5]

Wow they really checked your phone? Is this something new?