B1/B2 Visa revoked - 212 (a)(7)(a)(i)(i)

[Tommy22tn 0]

Hi there

I had a non immigrant visa from 2019 (I entered 4 times to the US for tourism). And today for business trip but they revoked my visa.

The reason for this revokation is misreprensation in visa application: i didn’t declare that i owned a company when in applied for a visa.

I didn’t do that because that my company was only registres but no income, no employees nothing... 

So i only put that I was a IT employer (they asked for job title, not if we own company)), never thinked that i need to put the information of my company since that im working on it as a passion , 0 income... it was just a Facebook group at that time, and now just a website.

During the covid a worked hard to find suppliers to sell me products that i can sell in Quebec and i was invited by a good company in US.

I presented myself today with all the documentation and after 4000 questions, they decided to cancel and revoke my visa !!

He told me that i need to reapply and for 100% i will get the visa but the first appointment is on 2021!!!

He write that i was dis representatives myself and was not bon fiant visitor!

What i can do except waiting avril 2021 for new application ?

And if this is the only solution ? do i need to trust the officier who said that i will 100% approved ? that im not banned but just visa canceled ?

 

thanks

[Lucky2Lucky 2,526]

I’m sorry you were denied entry that must have been tough. No, you can’t trust the officer who said you will be 100% approved. He is not the one reading your application nor interviewing you for the visa. It may be an uphill battle because misrepresentation is serious. Hopefully with your new documents when you apply it will be in your favor. If you did own a company when you applied for the visa and you didn’t list that (you don’t need employees to own a business) then yes, you did misrepresent yourself. Did you sign any paperwork at the point of entry? What kinds of questions were asked!

[Chancy 6,243]

6 hours ago, Tommy22tn said:

During the covid a worked hard to find suppliers to sell me products that i can sell in Quebec and i was invited by a good company in US.

I presented myself today with all the documentation and after 4000 questions, they decided to cancel and revoke my visa !!

He told me that i need to reapply and for 100% i will get the visa but the first appointment is on 2021!!!

He write that i was dis representatives myself and was not bon fiant visitor!

What i can do except waiting avril 2021 for new application ?

 

Unfortunately, all you can do is to re-apply for a visa when the consulate resumes B1/B2 visa processing.  But I highly doubt your chances of getting approved is 100%.  I'm surprised they even told you that.

 

If the reason given for cancelling your visa is INA 212(a)(7)(a)(i)(I), it seems that the CBP officer believed you had immigrant intent when you presented yourself.  With that on your record it will be very difficult for you to convince the consul officer, who will decide on your B1/B2 application, that you do not have immigrant intent.  If CBP also added a misrepresentation charge on your record, that's even more serious.

 

I wish you good luck.  Please do update us on your case.

 

[Boiler 45,903]

Generally Canadians do not need a visa so why did you need to obtain one in the first place?

[SusieQQQ 11,587]

To cut through everything, did you write you were employed by someone else when you were actually self-employed?

CBP figured this out because you told them or they knew from their systems?

[Tommy22tn 0]

6 hours ago, Luckycuds said:

I’m sorry you were denied entry that must have been tough. No, you can’t trust the officer who said you will be 100% approved. He is not the one reading your application nor interviewing you for the visa. It may be an uphill battle because misrepresentation is serious. Hopefully with your new documents when you apply it will be in your favor. If you did own a company when you applied for the visa and you didn’t list that (you don’t need employees to own a business) then yes, you did misrepresent yourself. Did you sign any paperwork at the point of entry? What kinds of questions were asked!

In the application visa, they were asking for job title and income, i registred the company for having the exclusivity of the name. didnt get the attention to put it for visa application, 0 intention to lie or misrepresent. Why should i lie or hide it ? i signed the cancellation of the visa and were asked ALL the questions, my life my work everything. He also opened the visa application and asked me all the questions to compare my answers and what i put in the visa application.

2 hours ago, Chancy said:

 

Unfortunately, all you can do is to re-apply for a visa when the consulate resumes B1/B2 visa processing.  But I highly doubt your chances of getting approved is 100%.  I'm surprised they even told you that.

 

If the reason given for cancelling your visa is INA 212(a)(7)(a)(i)(I), it seems that the CBP officer believed you had immigrant intent when you presented yourself.  With that on your record it will be very difficult for you to convince the consul officer, who will decide on your B1/B2 application, that you do not have immigrant intent.  If CBP also added a misrepresentation charge on your record, that's even more serious.

 

I wish you good luck.  Please do update us on your case.

 

What means immigrant intent ? means that i will live in US ? i'm a canadian resident and i will soon get my canadian passeport. Why i will live in US (especially in this time)...

I went in the US 4 times and always respected the delay .

2 hours ago, Boiler said:

Generally Canadians do not need a visa so why did you need to obtain one in the first place?

I'm still not a canadian, i'm a permanent resident. BTW, when i will get my canadian passeport, do you think that i can re-enter the US ?

2 hours ago, SusieQQQ said:

To cut through everything, did you write you were employed by someone else when you were actually self-employed?

CBP figured this out because you told them or they knew from their systems?

I was not self employed, i was employed by a IT company. The company that i opened was not paying me or taking anytime of me, i just registred on the internet in 5 min...

Yes i told them that im going to business for my company, and they see the visa application and didnt find the information that i had a company

[SusieQQQ 11,587]

36 minutes ago, Tommy22tn said:

I

I was not self employed, i was employed by a IT company. The company that i opened was not paying me or taking anytime of me, i just registred on the internet in 5 min...

Yes i told them that im going to business for my company, and they see the visa application and didnt find the information that i had a company

 I’m not surprised from what you have said that they found the circumstances /what you disclosed on your DS160 suspicious, and want you to reapply for a visa so that a CO can properly assess the application. 
 

Thanks btw for confirming that CBP does have access to information on visa applications. Some people here have claimed that they don’t.

Edited September 27, 2020 by SusieQQQ

[SusieQQQ 11,587]

3 hours ago, Chancy said:

 

If the reason given for cancelling your visa is INA 212(a)(7)(a)(i)(I), it seems that the CBP officer believed you had immigrant intent when you presented yourself. 

No it’s not, immigrant intent denials fall under 214(b).

This denial relates to not having the correct documentation to enter. https://fam.state.gov/FAM/09FAM/09FAM030104.html 

[Tommy22tn 0]

4 minutes ago, SusieQQQ said:

 I’m not surprised from what you have said that they found the circumstances /what you disclosed on your DS160 suspicious, and want you to reapply for a visa so that a CO can properly assess the application. 
 

Thanks btw for confirming that CBP does have access to information on visa applications. Some people here have claimed that they don’t.

I didnt lie, i was traveling specially for my company (that i never worked before, it was my first deal). Its not like i hide it to them, i told the truth and they revoked my visa...

Do you think that they will provide me new one when i will correct the informations ?
What about when i will get my canadian passeport ? i will have problem to enter to the US because of this ?

[Chancy 6,243]

41 minutes ago, Tommy22tn said:

What means immigrant intent ? means that i will live in US ? i'm a canadian resident and i will soon get my canadian passeport. Why i will live in US (especially in this time)...

I went in the US 4 times and always respected the delay .

 

I wasn't in your interview so I don't know for sure what led the CBP officer to think you had immigrant intent.  But if you were given a paper that lists INA 212(a)(7)(a)(i)(I) as the reason your B1/B2 visa was cancelled, that means they suspect you intend to stay and live in the US.  What matters is what CBP think, not what you and I think.  You were not able to convince them that you have strong ties to Canada.

 

[SusieQQQ 11,587]

2 minutes ago, Chancy said:

 

I wasn't in your interview so I don't know for sure what led the CBP officer to think you had immigrant intent.  But if you were given a paper that lists INA 212(a)(7)(a)(i)(I) as the reason your B1/B2 visa was cancelled, that means they suspect you intend to stay and live in the US. 

 

NO. Wrong section.

[Tommy22tn 0]

1 minute ago, Chancy said:

 

I wasn't in your interview so I don't know for sure what led the CBP officer to think you had immigrant intent.  But if you were given a paper that lists INA 212(a)(7)(a)(i)(I) as the reason your B1/B2 visa was cancelled, that means they suspect you intend to stay and live in the US.  What matters is what CBP think, not what you and I think.  You were not able to convince them that you have strong ties to Canada.

 

Wow .. i buyed new home and the day of the possesion was 10 october (my return flight) and i have a new job contract starting at 11 october.... they didnt ask me to see these proof ... and on what the officier said, the revokation was principally because i didnt declare that i owned a company on my visa application ..

 

PS: the company, was just a group facebook, then a website and until now 0 income ...

[Chancy 6,243]

3 minutes ago, SusieQQQ said:

No it’s not, immigrant intent denials fall under 214(b).

This denial relates to not having the correct documentation to enter. https://fam.state.gov/FAM/09FAM/09FAM030104.html 

 

214(b) would be for visa applications.  This is a case of visa revocation.  INA 212(a)(7)(a)(i)(I) means the CBP officer suspected the alien of being an intending immigrant that attempted to enter without the correct documentation, i.e. a valid immigrant visa.

 

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/waivers.html

(A) Immigrants.-

(i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-

(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a)

[Chancy 6,243]

4 minutes ago, SusieQQQ said:

NO. Wrong section.

 

Please note that INA 212(a)(7)(a)(i)(I) refers to immigrants.  The CBP officer suspected the OP of being an intending immigrant who attempted to enter the US without an immigrant visa.  I quoted the exact section in my previous comment.

 

Here is a case involving another Canadian resident -- http://www.borderimmigrationlawyer.com/home/2010/3/26/how-to-overcome-a-charge-of-inadmissibility-as-an-intending.html

 

[Chancy 6,243]

29 minutes ago, SusieQQQ said:

Thanks btw for confirming that CBP does have access to information on visa applications. Some people here have claimed that they don’t.

 

CBP has access to the information on visa applications for sure.  I can confirm this from first-hand experience.  When I applied for my tourist visa, I stated on my DS-160 that I was unemployed.  On my 2nd visit to the US, the CBP officer looked at his terminal then asked me, "So, are you still unemployed?"  His exact words.  And this was at the regular immigration line.  The CBP officer saw my information before he even sent me to secondary interview.