Denied Entry to the State

[altonbebe 48]

When the facts are laid out on the table....you are working in the U.S., even though you are not drawing a U.S. Salary.

Get the correct type of visa from the start.

This is the very issue that ABUSES the tourest visa sector.

[Harsh_77 718]

Since you have company setup in US and as you said you were receiving payments, have you been paying taxes in US?

Just coz lady at the border did not let you in and cancelled your visa does not mean she was not professional and rude, you just got caught.

[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

Hi, I am so sorry, the code was wrong, the correct one should be 212a7ail, not z, What does that mean?

I'm not going to open business, I just need to go back to meet customers.

Please help

Thanks

[Boiler 46,967]

According to INA §212(a)(7)(A)(i), any immigrant who, at the time of application for admission:

1. who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations, or
2. whose visa has been issued without compliance with the provisions of the Immigration and Nationality Act,

is excludable.

[larslars 0]

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.

Hi Boiler,

I see quite a few of your threads and you sound like you are very experienced.

I didn't make it sound like this way, that's the truth, I don't have intention t stayin the state, when I applied my visa in April, our company booked a booth in the national hardware show and I was there for the show. I stay like 1-2 month every time, only because I generate more sales, my customer' don't have plan, they order as they feel like it. I got couple containers order while I hang in their offices. If I work there, I would apply for a L1A, but my us busness is too small, no office, no employee. like I said the only puspose I set up that company is to get bank account as my customers don't like iternational wire.

And I also spent quite a lot time in NYC for fun,(the company was in las vegas) so I am not working.

I did some research, I don't know if I'm classfied as illegal work. do you know how would I find out that? do you think the visa officer will give me change to explain? if I close that company, doesn' not clear their confusion? I really don't care of the company there, I just need to be there for business and pleasure.I have a lots tie in China, house, office, car, dogs, family,a business so I can't work there.

Is there any waiver for me? how long do you wait to apply for another visa. how can you find out what information did they put in my file, can I just call the POE? or I need an att to do that?

I have a boyfriend ( US citizen), he is very upset and he will fly here to marry me, But I don't quite want to do that as it takes 9months at least. but if we do this, will this entry affect our spouse visa ?

I look forward to your earliest reply

Thanks

[larslars 0]

repeat post

Edited July 25, 2013 by larslars

[Boiler 46,967]

I do not think you have a ban.

Sounds like your work is within the terms of what is allowed by a B.

There is nothing to appeal as such or ask for a waiver, the refusal was the usual catch all most likely because of the amount of time you have been spending in the US.

You can apply for another B Visa, but a Fiancée/Spouse visa is much more likely to succeed.

[Harsh_77 718]

Closing the office is not going to do anything as later on you can easily open another office.

Main thing was you are not allowed to work on B1/2, since you had a office it was deemed you were working for that office.

There is no wavier or rejection of B1/2, the only way you can find out if you will get another B1/2 is by applying. Also you did not answer the previous question since you had registered company in US were you paying taxes in US?

[larslars 0]

Closing the office is not going to do anything as later on you can easily open another office.

Main thing was you are not allowed to work on B1/2, since you had a office it was deemed you were working for that office.

There is no wavier or rejection of B1/2, the only way you can find out if you will get another B1/2 is by applying. Also you did not answer the previous question since you had registered company in US were you paying taxes in US?

I have a business not office, and when I went to the local taxation office while I was there to register my business, they wouldn't register me as they don't think I'm operating the business inside of the state since I don't have office there, they discussed my situation for over an hour and then told me they wouldn't register my cmpany and I can still open the account.

So that's the whole confusing part, the local office don't think I'm operating the business in the state and the homeland security officer thingks I'm working there. I put all the fact out there and in my mind I was there for business, I understand the time frame I spent was too long but I know people stay 10 months out of a year for exhibitio work on a business visa

If I knew this is considered work, I will never register a company. it doesn't do anything but confusing

If I prove all my business was done unde Chinese company the name, will that help?

[Boiler 46,967]

Probably not, it is the duration and frequency of your trips that caused the issue.