Business Visa Cancelled, need to re-apply

[oberoiamish 0]

Hello,

I have few questions regarding US Business Visa.

Below is my background and current info:

• I have Indian passport

• Currently living in Canada as a Permanent Resident

• Got B1/B2 Visa issued on 10 Sep 2008 from India.

• Made my first Business Visit to US last year on January from Canada and stayed for 139 days in US

• Tried to make a second visit to US on January this year but was not allowed to enter US due to the following reasons:
a. Doing Project manager/Consulting Work
//Although I stated that I was talking to clients, gathering data and info for projects
b. US Company paid for food, transportation and apartment which is not allowed under B1/B2 visa.
//I received per diem which I guess is allowed under Business Visa
Due to the above issues, my Business Visa was also cancelled.

• I am currently working as a Consultant for the same US company. I have incorporated a company in Canada which gets the work from the US company.

I have the following 2 queries:
a. Was my Visa cancelled for genuine reason?
b. How can I reapply for a Business Visa from Canada

The US guys gave 3 page I-275 (Withdrawal of Application for Admission/Consular Notification) on which it says "Subject appears to be inadmissible under 212 (a) (7) (B) (i) (II) of the Immigration and Nationality Act (non Immigration without a valid Visa) & 212 (a) (7) (A) (i) (I) of the Immigration and Nationality Act (Immigration without Docs).

The last page has these instructions on it:For withdrawal procedures, see Inspections Fields Manual Chapters 17.2 and 17.15. Aliens who appear inadmissible pursuant to section 235(b)(2) of the INA who elect to withdraw application for admission may choose at any time to appear before an Immigration judge for a hearing in removal proceedings, Aliens who appear inadmissible pursuant to section 235(b)(1) or inadmissible pursuant to 8CFR 217.4 are not entitled to a hearing before an immigration judge.

Thanks for the help!

[Boiler 47,677]

Yes

Basically the same way as you obtained a B2 the first time, it will all be on the consulate web site.

[RhettVoe 282]

The very first thing the CO will ask/wonder about is....are you just trying some new approach to work again in the US? If the CO believes that is the case (and nothing you can say will counter that assessment, given the revocation of your previous visa...CBP no doubt found other evidence of you having been working rather than 'consulting' or 'transferring knowledge' either in your suitcase or via a phone call the to the US company...so your credibility right now is somewhere around zero....no amount of letters from anyone can restore your credibility; denying having worked will get you nothing.

[Boiler 47,677]

The very first thing the CO will ask/wonder about is....are you just trying some new approach to work again in the US? If the CO believes that is the case (and nothing you can say will counter that assessment, given the revocation of your previous visa...CBP no doubt found other evidence of you having been working rather than 'consulting' or 'transferring knowledge' either in your suitcase or via a phone call the to the US company...so your credibility right now is somewhere around zero....no amount of letters from anyone can restore your credibility; denying having worked will get you nothing.

Certainly a successful result could be challenging but he never asked about that.

I have the following 2 queries:

a. Was my Visa cancelled for genuine reason?

b. How can I reapply for a Business Visa from Canada

Edited May 23, 2014 by Boiler

[RhettVoe 282]

I reminded him that his abuse of his visa recently will make the process and likelihood of getting another one a long shot...