Chances of H1b or J1 visa affected by 212(a)(7)(a)(i)(I)

[Sigyn Zlzla 0]

I am a Canadian foreign  medical student and have finished all my clinical courses. I just need to pass an exam which will allow me to graduate. I had set up a role as Chief Medical Student working directly under the supervision of the medical director at a Hospital in Chicago. My role was to organize student scheduling, provide orientation and inital training. I was not receiving any payment for that role. I had used that letter to get a b1 stamp multiple times at POE. However, yesterday I was denied entry because what I am doing is not a clerkship and my role is not valid for b1, so I was tagged with 212 212(a)(7)(a)(i)(I), showing immigrant intent as per 214(b). They had me fill out a "withdrawal of application for admission".

 

I informed the medical director at the hospital in chicago and told him that I need to performing some role in a US clinical setting to boost my chances of getting a position in postgraduate residency training that starts in July 2022. The medical director is willing to offer me an unpaid research clerkship at the hospital and had his secretary write up a letter but I dont feel comfortable rocking the boat like that. He asked me get in touch with immigration lawyers to find out my options and I have a consultation with one tomorrow but I wanted to reach out to this community as well.

 

Having done extensive research, I can see what caused all the confusion and them to think I am showing immigrant intent. They didn't seem to believe me that I am being supported by my parents financially and felt I am working illegally. I could have elaborated my role in a more concise yet precise manner as well

 

At the POE, I was confused and asked them why I was let in with the same letter twice before but denied entry now and both CBP officers gave the analogy of speeding down the highway and getting away with it but getting caught and ticketed one time. Fortunately, based on the i275, they may have thought that I was genuinely misinformed and decided to let me walk out instead of throwing me out, which is worse.

 

However, the i275 and 212 212(a)(7)(a)(i)(I) is on my record and I have lost the benefit of doubt that came with the privilege of not needing a b1 or b2 visa. 

 

My main concern is that I will be applying for Graduate Medical Education (residency training) in September and if I am selected, I will have the option of applying for J1 or H1b visa. 

 

1. How much of an effect will this mark have on me successfully getting a j1 or H1b visa and being granted entry at POE?

 

2. Both the aforementioned visas are non-immigrant visas. Moreover, H1b visa is a dual intent visa, which I fear is a double edged sword considering my denied entry. How do I show non-immigrant intent for visas that will have me living in the country for 3+ years?

 

 

 

Edited July 26, 2021 by Sigyn Zlzla
adjusting font

[Chancy 6,243]

4 hours ago, Sigyn Zlzla said:

How much of an effect will this mark have on me successfully getting a j1 or H1b visa and being granted entry at POE?

 

You will get more scrutiny if you apply for a J1 visa.  But until you actually apply and attempt entry, no one can say for sure how the consul officer and CBP will decide.

 

As for H1B, it is a dual-intent visa, as you said.  That means it's fine for you to have immigrant intent.  No need to show non-immigrant intent.  The prior denial of entry will have no impact on your H1B application, although you may still be asked about the circumstances regarding the incident.

 

[SusieQQQ 11,587]

Just FYI, a job that is normally paid even if you are doing it unpaid is not allowed on B status.

 

 

[Boiler 45,794]

H1b would seem much more logical, it is of course down to your Employer.

[Coco8 1,042]

Even if a job is unpaid, you need a proper visa, like J1 or H1B. You cannot do an unpaid job with a visitor visa or whatever. It's still a job. The visa is not linked to getting paid, it's link to doing a job. Even coming to be an unpaid nanny for a family member is considered working which can get you in trouble.