Denied Entry to the State

[larslars 0]

I was traveling back and forth between China and US since 2005 on a B1 visa, Last year, I set up a company in the state and are traveling every 2 months for 1 or 2 months stay. the company was just for bank account reason as my customers like domestic wire, I don't have an office, neither do I have any people work for me

I was refused entry last week, finger printed, picture taken and flew back same day.

Quote from the sworn statement

" It was discovered te subject failed to disclose the change in her status as a business owner in the US, A sworn statement was taken wherein the subject admitted, under oath, that she was entering the US to meet clients. The subject stated she was the only employee or her company and that althought she conducts most of biz in th US, she is the only employee working. subject futher confirmed tht she had incorportated her company in the US and was utilizing a clint' office space as her physical add and workon occasion.

Subject was found inadmissible to the US today as per 212z7zi1 of the INA and was refused admission to the US. Subject was informated that her visa was canceled and she would ned to obtain a new visa in order to travel to the US in the future.

My questions is

1.if I close the company in the US, Will I get a new visa for tourist or business?

2.am I flagged or banned?

3, Do I have to close that company?

4. when is the best time to go to apply another visa. can I go now or wait for the dust to settle?

5. I am and will be traveling back and forth a lot becaue of the business, most likely every month and for a month stay,what is the best visa type for me?

Thanks for the help

[Penguin_ie 5,999]

1. Probably not anytime soon- maybe in a few years.

2. I am unfamiliar with the code you were denied under. Is anything written in your passport?

3. Likely... how will you operate without being able to enter the USA? How will you ;pay taxes?

4. Wait several; years would be my suggestion. If there is no ban, you can, technically, apply for another visa now but it is extremely unlikely to be granted.

5. That depends on the type of business and what do you while in the USA.

[canadian_wife 1,829]

1.Probably not for a while

2. For the short time you are probably flagged. Your code is wrong, look at it again and tell us what it says.

3. Probably, if you are the only employee, how will you run your company?

4. If you apply not it appears you are desperate to go to the US, which will likely result in a denial.

5. You are going to need a proper visa to open a business in the US.

good luck

[CC90 90]

You were denied for being an intending immigrant.

It seems that most of what occurred was a misunderstanding if I'm reading your post correctly.

CBP thought that you were staying in the US to run and operate your business and make an income. However, from your post, it seems that most of your business is run and operated in China, and you simply use a business bank account in the US to accept payment.

If this is true and CBP knew all of the facts, you should not have been denied entry. There's nothing inherently wrong with owning a corporation in the US and using a B1 to travel. It is an issue if you "work" and are paid under that company while in the US, however. If you work and are paid in China and just use the US business to manage funds for domestic transfers, there's nothing illegal about that.

You can try to apply for another visa, but the burden of proof is on you. You need to be able to succinctly explain that you don't actually work in the US. Given what happened, this might be difficult.

Why do you stay so long in the US? It somewhat contradicts what you're saying and can very easily lead someone to believe that you're actively using the US business to work and operate instead of bureaucratic reasons.

[Dave&Roza 748]

My take is that the visa status was for tourism and you have been using it for business and needed to change the status from tourist to business. You can try to get a business visa and see what happens. You should know when you go to the Embassy to get the new visa and you can also ask them what this means.

Good luck,

Dave

[Harsh_77 718]

My take is that the visa status was for tourism and you have been using it for business and needed to change the status from tourist to business. You can try to get a business visa and see what happens. You should know when you go to the Embassy to get the new visa and you can also ask them what this means.

Good luck,

Dave

B1 is for business, B2 is for tourism most ppl receive B1/2, I am guessing he was rejected coz he was owning and operating a business in US in general B1 is where one comes to meet with client, attending training etc but not run a business on B1.

[aaron2020 11,651]

The reason he is inadmissible is illegal work.

He has a US office with himself as the sole employee and soliciting clients from that office. If work needs to be done at the office, only he does the work. The work he does at this office deprives a US worker the opportunity.

He did not get denied entry because he was an intending immigrant or lack a B1 visa. He was denied entry for illegal work.

1. Closing the company does not undo the fact that you have been working illegally in the US. Closing the office has no effect on your inadmissibility; you will still be inadmissible.

2. You probably have a ban for the illegal work. No idea for how long.

3. Probably since you will have no workers in the US.

4. Once your ban is over, you may be eligible for another visa. Applying now will get you nothing since you were recently denied entry. The denial an probable ban will affect your application.

5. You are probably not likely to get any type of visa until your inadmissibility issue is dealt with.

-----

You are unlikely to be allowed back into the US for several years. You may want to consult with an attorney to see how long before you have a chance to come back.

[Boiler 46,885]

1.if I close the company in the US, Will I get a new visa for tourist or business?

2.am I flagged or banned?

3, Do I have to close that company?

4. when is the best time to go to apply another visa. can I go now or wait for the dust to settle?

5. I am and will be travelling back and forth a lot because of the business, most likely every month and for a month stay,what is the best visa type for me?

1. Probably not.

2. Probably not banned.

3. No

4. I would wait.

5. Not without a visa you won't. The best visa is whichever one you can get, none come obviously to mind.

[larslars 0]

1. Probably not anytime soon- maybe in a few years.

2. I am unfamiliar with the code you were denied under. Is anything written in your passport?

3. Likely... how will you operate without being able to enter the USA? How will you ;pay taxes?

4. Wait several; years would be my suggestion. If there is no ban, you can, technically, apply for another visa now but it is extremely unlikely to be granted.

5. That depends on the type of business and what do you while in the USA.

There is nothing written in my passport, I had an entry in the beginning for 6 months and then she cancelled it and put " VOILD on it

I have office in Shanghai and my job is to generate sales, it is better for me to be there in person to make sales when you visit them often, they dont like emails, and the time zone is a problem for phone call. they also don't like international wire that's why I set up my company there.

[larslars 0]

1.Probably not for a while

2. For the short time you are probably flagged. Your code is wrong, look at it again and tell us what it says.

3. Probably, if you are the only employee, how will you run your company?

4. If you apply not it appears you are desperate to go to the US, which will likely result in a denial.

5. You are going to need a proper visa to open a business in the US.

good luck

That's the correct code, what does that code mean?

I am not the employee, I set up that company for bank account use

I am desperate to go to the US because of the business

[larslars 0]

You were denied for being an intending immigrant.

It seems that most of what occurred was a misunderstanding if I'm reading your post correctly.

CBP thought that you were staying in the US to run and operate your business and make an income. However, from your post, it seems that most of your business is run and operated in China, and you simply use a business bank account in the US to accept payment.

If this is true and CBP knew all of the facts, you should not have been denied entry. There's nothing inherently wrong with owning a corporation in the US and using a B1 to travel. It is an issue if you "work" and are paid under that company while in the US, however. If you work and are paid in China and just use the US business to manage funds for domestic transfers, there's nothing illegal about that.

You can try to apply for another visa, but the burden of proof is on you. You need to be able to succinctly explain that you don't actually work in the US. Given what happened, this might be difficult.

Why do you stay so long in the US? It somewhat contradicts what you're saying and can very easily lead someone to believe that you're actively using the US business to work and operate instead of bureaucratic reasons.

Thanks for the input, you get the most of it, I tried to talk to their supervisor about my situation, and he said given the frequency I was travelling and I stayed 6 months in the state, they think it's work. he thinks L1A is a good visa for me but I can't apply for that because I don't have office nor do I have employee.

I think the whole thing is the lady who did the interview was in a bad mood, she was kind of rude, she was also not very professional. she didn't know we changed the policy and every repeat visa need to be get in Guangzhou instead of Shanghai and when I tried to explain, she would yell at me saying " I know what I'm doing"

I was not paid under that company, I don't have the social security Number, I was not paid by nobody in the state.

if I show the proof for applying another visa, closing that company might be an option, if I don't have that company, they wouldn't think I was working there.

Aside from business, I have a lots friends there also, and the purpose of my trip was : "business and pleasure ". My business was export, I have people doing the operation in China and My job is to get orders, my business get better when I am in the state as my customers don't like emails, international call( and that's why I set up the local bank account also)

I just don't think it's fair, I even thought of filing an complaint against that lady but my attorney said that might upset somebody

I need to be there soon, I have an important business meeting for next year's purchase plan, and I can't wait for several years, before this, I goes to the US twice or three times a year, 7 days each time. it's my business

Please advise if you have any suggestion

[larslars 0]

The reason he is inadmissible is illegal work.

He has a US office with himself as the sole employee and soliciting clients from that office. If work needs to be done at the office, only he does the work. The work he does at this office deprives a US worker the opportunity.

He did not get denied entry because he was an intending immigrant or lack a B1 visa. He was denied entry for illegal work.

1. Closing the company does not undo the fact that you have been working illegally in the US. Closing the office has no effect on your inadmissibility; you will still be inadmissible.

2. You probably have a ban for the illegal work. No idea for how long.

3. Probably since you will have no workers in the US.

4. Once your ban is over, you may be eligible for another visa. Applying now will get you nothing since you were recently denied entry. The denial an probable ban will affect your application.

5. You are probably not likely to get any type of visa until your inadmissibility issue is dealt with.

-----

You are unlikely to be allowed back into the US for several years. You may want to consult with an attorney to see how long before you have a chance to come back.

I did talk to my immigration attorney, and he thinks this is a misunderstanding, he didn't suggest me to wait long time.

I also read some cases online and people tried to get to the state for volunteer work and they were denied entry and was put in the prison, they waited for 4 months and got another visa. and visa officer was very supprised by what they were treated at the border

if I go try to apply another visa and get denied , will this make situation worse?

I have a factory owner who just keep applying the business visa every other month for 5 times till he finally gets one

1. Probably not.

2. Probably not banned.

3. No

4. I would wait.

5. Not without a visa you won't. The best visa is whichever one you can get, none come obviously to mind.

Thanks a lot

[larslars 0]

Thanks for everybody, is there any way that I can find out if I'm flagged or baned? should I hire a border attorney to do this?

[Boiler 46,885]

You make it sound like you are a self employed salesman seeking orders for a foreign company in the US.

In moderation the B would be the correct visa.

You can apply for another now, and if refused as frequently as you wish.

[Jawaree 719]

It might not be easy for a visa again, but who knows, there was a young lady that everyone told

she'd never get a visa again, she was had arrangements to babysit at poe and was visiting boyfriend

amazingly a few moths ago she did get a visa...not to get your hopes up ...but get you a knowlegable

immigration atty in the US...go to immigrate2US.com and U will find an atty to address this