Jump to content
Travelling_kiwi

Can I apply for a B2 visa with 212(a)(7)(a)(i)(i) refusal?

25 posts in this topic

Recommended Posts

Hi,

 

a couple of months ago I got pulled over at the USCB for a secondary screening where I was pretty much detained for 13 hours while the immigration officers tried to figure out whether I was planning to stay in the US permenately or not as I was on a ESTA visa staying for 3 months. My trip was to travel to LA, Miami, Nashville and then New York over Christmas. At the end my passport was stamped with 212(a)(7)(a)(i)(i). I was told to reapply for a visa that was more suitable for my purpose of being in the US.

 

When I arrived, I had the following:

Return ticket, bank statements, proof of my business, address, a couple of phone bills... Then they looked at my phone where they found a couple of messages from me to my friends saying “I’d like to live in the US one day” and messages from my friends and I just jokingly saying that we would find somebody in the US and get a green card etc... Obviously, I wouldn’t because I have a life over here in Australia! But that’s what the immigration officer read. I’m also a freelancer (when I have time) for some companies I’ve signed up for online eg: freelancer, behande and fiver. Some clients I do work for are based in America, but they’re based all over the world. I’ve also been to the US no more than 2 weeks for festivals the last 3 years.

 

Im wanting to plan a trip over again for a festival and max I’ll stay is 2 weeks... will I be able to apply on a B2 tourist visa?

 

Thanks!

Share this post


Link to post
Share on other sites
Posted (edited)
9 minutes ago, Travelling_kiwi said:

and messages from my friends and I just jokingly saying that we would find somebody in the US and get a green card etc...

You can apply any time you like....but If that is recorded anywhere, good luck....you'll need it.  Chances of success are less than 40% imo.

It seems you were a likely risk to overstay and work from inside the US.........then there is the "joking"........

Edited by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

 

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

Share this post


Link to post
Share on other sites
58 minutes ago, Travelling_kiwi said:

Hi,

 

a couple of months ago I got pulled over at the USCB for a secondary screening where I was pretty much detained for 13 hours while the immigration officers tried to figure out whether I was planning to stay in the US permenately or not as I was on a ESTA visa staying for 3 months. My trip was to travel to LA, Miami, Nashville and then New York over Christmas. At the end my passport was stamped with 212(a)(7)(a)(i)(i). I was told to reapply for a visa that was more suitable for my purpose of being in the US.

 

When I arrived, I had the following:

Return ticket, bank statements, proof of my business, address, a couple of phone bills... Then they looked at my phone where they found a couple of messages from me to my friends saying “I’d like to live in the US one day” and messages from my friends and I just jokingly saying that we would find somebody in the US and get a green card etc... Obviously, I wouldn’t because I have a life over here in Australia! But that’s what the immigration officer read. I’m also a freelancer (when I have time) for some companies I’ve signed up for online eg: freelancer, behande and fiver. Some clients I do work for are based in America, but they’re based all over the world. I’ve also been to the US no more than 2 weeks for festivals the last 3 years.

 

Im wanting to plan a trip over again for a festival and max I’ll stay is 2 weeks... will I be able to apply on a B2 tourist visa?

 

Thanks!

So you had no airline tickets or hotel reservations for all those US destinations?


Removal of Conditions

12/29/2018  Sent ROC package to Dallas PO Box by USPS Priority Mail. 

12/30/2018  ROC package arrived & ready for pickup at Dallas PO Box at 7pm.

01/03/2019  Credit card transaction alert received at 7:10am authorizing charge of $680 to USCIS Dallas Lockbox

01/03/2019  Received text message from USCIS stating original receipt to follow in mail and a receipt number starting with MSC.

01/07/2019  Added receipt number to myaccount.uscis.dhs.gov/ and it shows case received and nothing to do at this time.

01/11/2019  Received US Postal Service Informed Delivery email at 8:20am showing incoming letter from USCIS.

01/11/2019  Received biometric appointment in the mail.  Biometric appointment is for 01/22/2019

01/14/2019  Completed walk-in biometric at Tampa Field Office.

 

Share this post


Link to post
Share on other sites

As @missileman stated, you are free to try, but I agree with him, the success is not likely especially if the phone information is noted.  It sounds like the CBP believe your intentions were to immigrate which would point you toward a IV instead of a B1/B2 NIV.

 

Good Luck!


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

Share this post


Link to post
Share on other sites

Of course you can apply. Not sure that visa was what the PoE meant by appropriate.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
Posted (edited)

People don’t just get pulled over, detained for 13 hours and their phone checked etc for no reason. Something raised suspicion. Plenty of ESTA visitors come for close to the max allowed with no problem.

(it occurs to me that just 4 cities in 3 months is an unusual tourist itinerary)

B visa your only option if you want to visit again. 

Edited by SusieQQQ

Share this post


Link to post
Share on other sites
2 hours ago, Travelling_kiwi said:

Hi,

 

a couple of months ago I got pulled over at the USCB for a secondary screening where I was pretty much detained for 13 hours while the immigration officers tried to figure out whether I was planning to stay in the US permenately or not as I was on a ESTA visa staying for 3 months. My trip was to travel to LA, Miami, Nashville and then New York over Christmas. At the end my passport was stamped with 212(a)(7)(a)(i)(i). I was told to reapply for a visa that was more suitable for my purpose of being in the US.

 

When I arrived, I had the following:

Return ticket, bank statements, proof of my business, address, a couple of phone bills... Then they looked at my phone where they found a couple of messages from me to my friends saying “I’d like to live in the US one day” and messages from my friends and I just jokingly saying that we would find somebody in the US and get a green card etc... Obviously, I wouldn’t because I have a life over here in Australia! But that’s what the immigration officer read. I’m also a freelancer (when I have time) for some companies I’ve signed up for online eg: freelancer, behande and fiver. Some clients I do work for are based in America, but they’re based all over the world. I’ve also been to the US no more than 2 weeks for festivals the last 3 years.

 

Im wanting to plan a trip over again for a festival and max I’ll stay is 2 weeks... will I be able to apply on a B2 tourist visa?

 

Thanks!

Look at it this way. The officer had some type of evidence of immigrant intent by the above in bold. Whether you were joking or not, it was used against you.

 

Did you know that it is the officer's job by law to suspect anyone entering on a nonimmigrant to have immigrant intent? This isn't a judgement call by them... it is law! And those messages was enough to deny you entry. 

 

You say...

Quote

Obviously, I wouldn’t because I have a life over here in Australia!

then you turn around and say this...

Quote

I’m also a freelancer (when I have time) for some companies I’ve signed up for online eg: freelancer, behande and fiver. Some clients I do work for are based in America, but they’re based all over the world.

 

So by your own admission, you have the capacity to work anywhere in the world. That does not mean you have strong ties to Australia. Do you have a spouse and kids back there that you must return to, for example? You can pack up with your computer and be a digital nomad. I say all of this to show you why you were denied.

 

You learned a valuable lesson that day, however, it will make you more aware on the process in the future. So no more "joking" about finding someone to help you get a green card. You had an extremely privilege that is now lost.

 

To answer you question, you can certainly apply for a visitor visa. However, the odds are stacked against you. You gave the officers a goldmine of evidence to be able to deny you in the future. But that does not mean it is impossible. Just be aware that people who lose ESTA's are rarely approved for visitor visas immediately after. And now you can see why.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made; whether it is time, money, or separation or a combination of any or all.” - NuestraUnion

Share this post


Link to post
Share on other sites
Posted (edited)
3 hours ago, Travelling_kiwi said:

 

 

Then they looked at my phone where they found a couple of messages from me to my friends saying “I’d like to live in the US one day” and messages from my friends and I just jokingly saying that we would find somebody in the US and get a green card etc...

 

Im wanting to plan a trip over again for a festival and max I’ll stay is 2 weeks... will I be able to apply on a B2 tourist visa?

 

Thanks!

That's all they needed and it's enough to flag you with immigrant intent. 

 

You can apply as many times as you want but I think your chances are slim of getting one.  You need to demonstrate very strong ties to your home country when you go to your interview.

Edited by Nitas_man

Share this post


Link to post
Share on other sites

Thanks for all your answers. 

 

Re: @gregcrs2 - yes I did have a return ticket and hotel reservations - I showed the officer all of that too on paper and in my apps. I was questioned why I had a return ticket :/.

 

@NuestraUnion thank you. I know all the reasons why I got denied entry because the IO explained it to me. He wasn’t rude about it and he told me next time I come through to the US make sure I have all my documents ready and what he found in my messages made him think that I was trying to immigrant on a visa I should be a tourist for. I just didn’t remember whether he said I could apply for the tourist B2 visa or not.

 

I’ve definitely learnt not to joke around again or have any messages like that in my phone!

 

I’ve decided to give B2 a try. Ive got more deeper documents for my ties to back home eg: work courses I’ve paid for and are about to start, my business lease... What other documents will i need to bring to the consulate? 

Share this post


Link to post
Share on other sites
7 minutes ago, Travelling_kiwi said:

Thanks for all your answers. 

 

Re: @gregcrs2 - yes I did have a return ticket and hotel reservations - I showed the officer all of that too on paper and in my apps. I was questioned why I had a return ticket :/.

 

@NuestraUnion thank you. I know all the reasons why I got denied entry because the IO explained it to me. He wasn’t rude about it and he told me next time I come through to the US make sure I have all my documents ready and what he found in my messages made him think that I was trying to immigrant on a visa I should be a tourist for. I just didn’t remember whether he said I could apply for the tourist B2 visa or not.

 

I’ve definitely learnt not to joke around again or have any messages like that in my phone!

 

I’ve decided to give B2 a try. Ive got more deeper documents for my ties to back home eg: work courses I’ve paid for and are about to start, my business lease... What other documents will i need to bring to the consulate? 

I did not ask if you had a return ticket.  What I asked is if you had purchased airline tickets for all those US destinations you stated.  Hotel reservations mean nothing as they can always be canceled.  If you had airline tickets for all those destinations in the US you intended to visit, your story would have been more believable.


Removal of Conditions

12/29/2018  Sent ROC package to Dallas PO Box by USPS Priority Mail. 

12/30/2018  ROC package arrived & ready for pickup at Dallas PO Box at 7pm.

01/03/2019  Credit card transaction alert received at 7:10am authorizing charge of $680 to USCIS Dallas Lockbox

01/03/2019  Received text message from USCIS stating original receipt to follow in mail and a receipt number starting with MSC.

01/07/2019  Added receipt number to myaccount.uscis.dhs.gov/ and it shows case received and nothing to do at this time.

01/11/2019  Received US Postal Service Informed Delivery email at 8:20am showing incoming letter from USCIS.

01/11/2019  Received biometric appointment in the mail.  Biometric appointment is for 01/22/2019

01/14/2019  Completed walk-in biometric at Tampa Field Office.

 

Share this post


Link to post
Share on other sites
28 minutes ago, Travelling_kiwi said:

Thanks for all your answers. 

 

Re: @gregcrs2 - yes I did have a return ticket and hotel reservations - I showed the officer all of that too on paper and in my apps. I was questioned why I had a return ticket :/.

 

@NuestraUnion thank you. I know all the reasons why I got denied entry because the IO explained it to me. He wasn’t rude about it and he told me next time I come through to the US make sure I have all my documents ready and what he found in my messages made him think that I was trying to immigrant on a visa I should be a tourist for. I just didn’t remember whether he said I could apply for the tourist B2 visa or not.

 

I’ve definitely learnt not to joke around again or have any messages like that in my phone!

 

I’ve decided to give B2 a try. Ive got more deeper documents for my ties to back home eg: work courses I’ve paid for and are about to start, my business lease... What other documents will i need to bring to the consulate? 

It was not up to him to say whether you could or could not apply for a visa, not their call.

 

To some extent the not having incriminating stuff on your phone is no longer relevant, they have the info on your record.

 

Unusual for documentation to be considered, the key information is that on your application and your past history.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
2 minutes ago, Travelling_kiwi said:

@Boiler I wouldn’t know, that’s why I’m here asking! But I have my interview on Wednesday, so I’ll update if successful or not!

Usually it is just a few questions, might be a bit more about your attempted visit, please do update us.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×