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

[MaleAlpha 314]

37 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.

They do. I was a combination of B1/B2 and L1 non-immigrant visa holder for over 8+ years before I became an immigrant and they would ask me specific questions from my visa applications at the port of entry. I even went to secondary a few times because my answer wasn't consistent with what I had stated (usually around the exact dates). 

[Nitas_man 3,100]

45 minutes ago, Tommy22tn said:

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 ...

Your visa was revoked due to “documentation requirements”.  You were not accused of a misrep, nor was immigrant intent assumed.  I do not see that you did anything “wrong” but if you were entering the US to do some sort of business and your visa was issued for tourism purposes only then you are entering for a purpose that your visa was not originally intended for.

You did well to be fully open and honest at POE, what you state to an officer is very important.  You fell in a gray area where your circumstances appear to have changed between the time the visa was issued and this last entry.  
Based on what you say, I do not believe nor do I think the CBP officer believed you misrepresented your circumstances when you applied for and received the visa.  It LOOKS like your “purpose for entry” changed and I believe that is why you were sent back to get that corrected.

[Chancy 6,243]

48 minutes ago, Tommy22tn said:

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 ..

 

Unfortunately, CBP are not required to look at any proof you bring with you when they make their decision.  They may ask for documents from you, but they're not obligated to ask for any.  When I went through secondary interview, CBP did not ask me for any evidence either.  I was somehow able to convince them anyway to let me enter.

 

I'm sharing information on 212(a)(7)(a)(i)(i) as that is what you put on the topic title.  I assume that's what they actually wrote on the paper they gave you or on your cancelled visa?  I posted a link in a previous comment about another case of visa revocation due to 212(a)(7)(a)(i)(i) involving another Canadian resident.  Case background is not the same as yours, of course, but it might have useful information for you anyway.

 

[Tommy22tn 0]

14 minutes ago, Nitas_man said:

Your visa was revoked due to “documentation requirements”.  You were not accused of a misrep, nor was immigrant intent assumed.  I do not see that you did anything “wrong” but if you were entering the US to do some sort of business and your visa was issued for tourism purposes only then you are entering for a purpose that your visa was not originally intended for.

You did well to be fully open and honest at POE, what you state to an officer is very important.  You fell in a gray area where your circumstances appear to have changed between the time the visa was issued and this last entry.  
Based on what you say, I do not believe nor do I think the CBP officer believed you misrepresented your circumstances when you applied for and received the visa.  It LOOKS like your “purpose for entry” changed and I believe that is why you were sent back to get that corrected.

Thanks for your message! I think that i was accused of a misrep because here is what he write on my visa cancellation:

 

Subject is inadmissible to enter the US pursuant to section 212 (a) (7) (A) (i) (I) of the immigratin and nationality as an intending immigrant without an immigrant visa because is not a bona fide visitor and misrepresented himself on his visa application.

My visa was issued for tourism correct, and went 4 times for tourisme but i checked and my visa was B1 B2 so business also autorised.

When i was surprised to get my revokation, he told me "its not the end of life, you're not banned and you can just re-apply for your visa you will be approved. And anyway you will soon get your Canadian passeport''.

 

I rechecked the visa application and they always asking for ''job title'' and ''income'' i never get in my mind that i need to put the information that i opened a company (which was never really a company because it was a facebook group at that time, then i developped a website'' and until now i didnt get any income from it ....

 

I'm very dispointed especially because i never lied or hided any informations ! 

[SusieQQQ 11,587]

1 hour ago, Chancy said:

 

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

 

Got it, thanks for clarifying. Also made clear now that OP has specified exactly what was written:

35 minutes ago, Tommy22tn said:

 

 

Subject is inadmissible to enter the US pursuant to section 212 (a) (7) (A) (i) (I) of the immigratin and nationality as an intending immigrant without an immigrant visa because is not a bona fide visitor and misrepresented himself on his visa application.

 

OP, again this backs up that they want you to reapply so that the embassy can assess your situation. They are not suspicious enough that they have given you a ban, but they want your bona fides reassessed by the appropriate people to do so. You will be able to explain the situation to the people at the embassy. 

Question in general for others who know about entry on Canadian passport - no ESTA etc is required so no need to declare previous denial, correct? But flying in at least they will still do bio on entry and so will pick this up?

Edited September 27, 2020 by SusieQQQ

[MaleAlpha 314]

40 minutes ago, Tommy22tn said:

Thanks for your message! I think that i was accused of a misrep because here is what he write on my visa cancellation:

 

Subject is inadmissible to enter the US pursuant to section 212 (a) (7) (A) (i) (I) of the immigratin and nationality as an intending immigrant without an immigrant visa because is not a bona fide visitor and misrepresented himself on his visa application.

My visa was issued for tourism correct, and went 4 times for tourisme but i checked and my visa was B1 B2 so business also autorised.

When i was surprised to get my revokation, he told me "its not the end of life, you're not banned and you can just re-apply for your visa you will be approved. And anyway you will soon get your Canadian passeport''.

 

I rechecked the visa application and they always asking for ''job title'' and ''income'' i never get in my mind that i need to put the information that i opened a company (which was never really a company because it was a facebook group at that time, then i developped a website'' and until now i didnt get any income from it ....

 

I'm very dispointed especially because i never lied or hided any informations ! 

I think the fact that it was a registered business even if it wasn't operational and you had $0 income makes it a valid company to list.

 

That aside, I don't think it will be a very big issue as the omission doesn't strike me as a material fact. Would listing the company have any effect on the benefit sought? not likely and if anything I believe it could have shown more ties to your residence in Canada. Perhaps re-apply per the CBP officers instructions or wait until you have your Canadian passport. Just be prepared to state the previous omission and your reasons for it and in my opinion, you will be OK.

 

This is seems easier to overcome than willful misrepresentation cases where the omission is planned and intended to influence the outcome of the benefit sought. This doesn't strike me as such but hey ultimately, it will be the state department's decision. Wish you all the best!

 

Edited September 27, 2020 by MaleAlpha

[SalishSea 18,069]

OP, what is your citizenship?

[Tommy22tn 0]

2 minutes ago, Jorgedig said:

OP, what is your citizenship?

Tunisia

[JeanneAdil 6,606]

6 hours ago, Boiler said:

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

from his writing ,  he is not Canadian

and could be the reason they pulled the visa 

[SusieQQQ 11,587]

25 minutes ago, JeanneAdil said:

from his writing ,  he is not Canadian

and could be the reason they pulled the visa 

He’d already used it 4 times no problem though, so it is unlikely imo that his nationality was the issue. 

[PaulaCJohnny 713]

4 hours ago, Tommy22tn said:

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 ...

Was your visa B1 or B2?

[SusieQQQ 11,587]

3 minutes ago, Paula&Johnny said:

Was your visa B1 or B2?

He answered this already 

2 hours ago, Tommy22tn said:

 

i checked and my visa was B1 B2 so business also autorised.

 

[carmel34 3,650]

5 hours ago, Tommy22tn said:

when i will get my canadian passeport, do you think that i can re-enter the US ?

Yes once you have a Canadian passport you should be fine to enter the US without a visa.  They will still find you in their system at POE so be ready for an explanation of what happened in case you get questioned about the cancelled visa in your Tunisian passport.  If you need to visit the US before you become a Canadian citizen, you'll have to reapply for a visa, which may take a long time because of the backlog due to the pandemic.  Good luck!

[JeanneAdil 6,606]

48 minutes ago, SusieQQQ said:

He’d already used it 4 times no problem though, so it is unlikely imo that his nationality was the issue. 

it could be as for Tunisia nationals the Tunis embassy says Tunisian visas are only given for tourist and business travelers (B1/B2) with urgent travel needs. 

and we do know this administration is anti muslim /t there can be no doubt there so the rules are for those with Tunisia passports

 

[SalishSea 18,069]

1 hour ago, JeanneAdil said:

it could be as for Tunisia nationals the Tunis embassy says Tunisian visas are only given for tourist and business travelers (B1/B2) with urgent travel needs. 

and we do know this administration is anti muslim /t there can be no doubt there so the rules are for those with Tunisia passports

 

As a permanent resident of Canada, I would imagine he got his B visa through Montreal.