b2 cancelled without just cause. any options?

[user54321 2]

2 minutes ago, Roel said:

No idea. Probably depends on all the possible lies on the application and/or when talking to the cbp.

she had no reason to lie, and I don't believe she did. she said she was coming to visit friends. (including my family and other friends we have here) they ask how long she would stay, she said 70 days. she said that was what perked their interest.
still the fact remains how can they cancel her visa for living here when she is not living here and that is obvious by the arrival/departure records

[JFH 12,189]

Only USCs are guaranteed entry into the country. Everyone must ask permission and hope that the permission is granted. On this occasion, it was not granted. Their house, their rules. Just as you have the right to refuse a stranger admission into your home. You don’t even need to give a reason. She was at least given a reason which is more than someone would get from me if they showed up at my front door and were not welcome. 

 

The fact that that she asked you about “cleaning houses” strongly suggests that she couldn’t afford to finance the “vacation” without some form of work (not permitted) and also was not here “just to visit”. It’s not normal to want to clean other people’s homes on vacation. Call me old fashioned but my vacations are about relaxation away from work. Not scrubbing someone else’s bathroom. If that’s a vacation, I’ll stay at the office, thank you.

Edited January 19, 2019 by JFH

[JFH 12,189]

5 minutes ago, user54321 said:

she had no reason to lie, and I don't believe she did. she said she was coming to visit friends. (including my family and other friends we have here) they ask how long she would stay, she said 70 days. she said that was what perked their interest.
still the fact remains how can they cancel her visa for living here when she is not living here and that is obvious by the arrival/departure records

Obvious to whom? Not CBP and they are the only ones that matter. 

 

Buy it a ticket to visit her in her country if you want to see her so badly.  

[Boiler 43,426]

Does she clean houses in Columbia?

[user54321 2]

3 minutes ago, JFH said:

Only USCs are guaranteed entry into the country. Everyone must ask permission and hope that the permission is granted. On this occasion, it was not granted. Their house, their rules. Just as you gave the right to refuse a stranger admission into your home. You don’t even need to give a reason. She was at least given a reason which is more than someone would get from me if they showed up at my front door and were not welcome. 

 

The fact that that she asked you about “cleaning houses” strongly suggests that she couldn’t afford to finance the “vacation” without some form of work (not permitted) and also was not here “just to visit”. It’s not normal to want to clean other people’s homes on vacation. Call me old fashioned but my vacations are about relaxation away from work. Not scrubbing someone else’s bathroom. If that’s a vacation, I’ll stay at the office, thank you.

you are in fact wayyyyy of base.

First it isn't a question of whether or not she must be allowed. It a question of cancelling her visa, her right to petition for entry without just cause.
Second, she ask me about cleaning as a matter of something to occupy her time while I was at work and get a little money. additionally a way of spending time with members of my family.  

4 minutes ago, Boiler said:

Does she clean houses in Columbia?

no

[Boiler 43,426]

What is her job?

[JFH 12,189]

Just now, user54321 said:

you are in fact wayyyyy of base.

First it isn't a question of whether or not she must be allowed. It a question of cancelling her visa, her right to petition for entry without just cause.
Second, she ask me about cleaning as a matter of something to occupy her time while I was at work and get a little money. additionally a way of spending time with members of my family.  

Yes the way to spend time getting to know someone’s family is to clean houses! Absolutely! Of course that’s how we all spend time with our spouse’s families! 😂 You couldn’t even make this stuff up. 

 

So I was right that she couldn’t finance the vacation without needing extra income so she had no right to be here. Why was she coming for so long if she couldn’t afford it? Why would she risk something illegal so that she can stay for 70 days? Why not just come for a week? 

[Crazy Cat 39,213]

22 minutes ago, user54321 said:

she said 70 days. she said that was what perked their interest.

There we are!!!!!    That is all it takes.........

[JFH 12,189]

9 minutes ago, Boiler said:

What is her job?

Whatever it is I want that job too that gives me 70 days of vacation a year. 

[user54321 2]

No @JFH, you are quite wrong but think as you want.

@Boiler, she has her own business in Colombia, subcontracting making shoes.

 

This question has nothing to do with working actually. It was about a revocation of a visa for living here. work was never an issue with the CBP therefore I will not comment any more about that subject.

 

Yes CBP has a right to deny entry for suspicion. I don't see they have a right to cancel her visa without any evidence. when in fact their own records prove the contrary to what they said.  Being here 5 moths in the last 2+ years does not constitute living here. 

 

 

[Crazy Cat 39,213]

13 minutes ago, user54321 said:

It a question of cancelling her visa, her right to petition for entry without just cause.

It was just cause..........this case proves that CBP are very good at their job.......because it sounds like she actually did intend to violate the conditions of her visa...........

[Starkilla09 366]

4 minutes ago, user54321 said:

you are in fact wayyyyy of base.

First it isn't a question of whether or not she must be allowed. It a question of cancelling her visa, her right to petition for entry without just cause.
Second, she ask me about cleaning as a matter of something to occupy her time while I was at work and get a little money. additionally a way of spending time with members of my family.  

no

JFH is absolutely right you laid it out here. Sounds like she didn’t even have adequate finances to cover her lengthy trip without resorting to unauthorized employment that’s why she asked about cleaning houses for extra money. She threw a scent trail to CBP once she said she will like to stay for 70 days. Though CBP can lawfully admit an alien on B-2 visa for up to 180 days, it’s not necessarily a good idea to come and stay that long as it can weaken your non-immigrant intent.

 

Truth is genuine visitors with real ties back home don’t have the luxury of staying that long abroad on vacation. If you and I for example were to take trips overseas chances are it will be just a couple of weeks max because we have strong ties back here such as jobs to return to. As for the appeal you should understand there’s none and visitors don’t have such as technically they’re “not yet” in the country when presenting themselves at the U.S. port of entry asking for admission.

[JFH 12,189]

Just now, user54321 said:

No @JFH, you are quite wrong but think as you want.

@Boiler, she has her own business in Colombia, subcontracting making shoes.

 

This question has nothing to do with working actually. It was about a revocation of a visa for living here. work was never an issue with the CBP therefore I will not comment any more about that subject.

 

Yes CBP has a right to deny entry for suspicion. I don't see they have a right to cancel her visa without any evidence. when in fact their own records prove the contrary to what they said.  Being here 5 moths in the last 2+ years does not constitute living here. 

 

 

Her past actions do not mean anything. On this occasion it was suspected she was using a tourist visa to live in the USA so get visa was revoked. It’s really not a difficult concept. She was believed to be misusing a privilege. 

 

You are avoiding and ignoring the questions and statements here that demonstrate why the CBP agent was suspicious of her intentions. She obviously didn’t convince him/her that she can finance herself for 70 days and that she has a clear itinerary of how she is spending her time here, where she is going, etc. 

[JFH 12,189]

Let us suppose for a minute that she was successfully admitted for 70 days. What exactly was she planning to do all that time? Especially if you are going to continue working each week? How much money did she have with her? Why 70 days? What would happen to her job back home during that time?

[user54321 2]

3 minutes ago, Starkilla09 said:

JFH is absolutely right you laid it out here. Sounds like she didn’t even have adequate finances to cover her lengthy trip without resorting to unauthorized employment that’s why she asked about cleaning houses for extra money. She threw a scent trail to CBP once she said she will like to stay for 70 days. Though CBP can lawfully admit an alien on B-2 visa for up to 180 days, it’s not necessarily a good idea to come and stay that long as it can weaken your non-immigrant intent.

 

Truth is genuine visitors with real ties back home don’t have the luxury of staying that long abroad on vacation. If you and I for example were to take trips overseas chances are it will be just a couple of weeks max because we have strong ties back here such as jobs to return to. As for the appeal you should understand there’s none and visitors don’t have such as technically they’re “not yet” in the country when presenting themselves at the U.S. port of entry asking for admission.

well said, however the work thing is irrelevant. that was a private conversation between her and I. I originally  only ask it out of curiosity.

to your other point,  yes. that makes sense. but business owners do have more freedom than those who work for someone else.