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user54321

b2 cancelled without just cause. any options?

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Filed: Citizen (apr) Country: Cameroon
Timeline

Another thing you should understand is CBP officers don’t need to have a factual cause or evidence to revoke a visa, all they need is suspicion of misuse to do it. They have been given these powers by congress as the gate keepers of the country. They also have powers to even detain and question U.S. citizens returning back home if they also suspect they have violated laws etc. A visa revolution is just a tip of what they can do.

Edited by Starkilla09

Adjustment of Status From F-1 Visa.

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1 hour ago, user54321 said:

while I concur this might raise suspicion, she was told her visa was cancelled FOR LIVING IN THE US. which is not true.

 

50 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

 

36 minutes ago, 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. 

 

 

She’s spending too much time in the US, that’s why. Here for 5 months, gone for 4 (?), back for 70 days... rule of thumb to stop situations exactly like this is to spend twice as much time out of the US as in. So after her 5 month stay leaving in August, she shouldn’t have tried to  come back before May/June. Work issues aside (we are not stupid and neither is CBP, we know exactly what you meant) that alone is valid reason for CBP to say she seems to be “living” here. I’m assuming all or most of the time here is staying with you, not non-stop touring around, hmm? Cancelling a visa is what happens when it’s been misused. Spending too much time on a B counts as misuse.

 

no one other than a USC has a right to be granted entry to the US. Looks like either you’re visiting Colombia or applying for a K1.

Edited by SusieQQQ

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1 minute ago, SusieQQQ said:

 

 

She’s spending too much time in the US, that’s why. Here for 5 months, gone for 4 (?), back for 70 days... rule of thumb to stop situations exactly like this is to spend twice as much time out of the US as in. So after her 5 month stay leaving in August, she shouldn’t have tried to  come back before June. Work issues aside (we are not stupid and neither is CBP, we know exactly what you meant) that alone is valid reason for CBP to say she seems to be “living” here. I’m assuming all or most of the time here is staying with you, not non-stop touring around, hmm?

 

no one other than a USC has a right to be granted entry to the US. Looks like either you’re visiting Colombia or applying for a K1.

your math is wrong, or you didn't see the correct years. 5 month stay was in 2017

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5 minutes ago, user54321 said:

your math is wrong, or you didn't see the correct years. 5 month stay was in 2017

Ok, I didn’t see the correct year, sorry

fact remains CBP is entitled to do what they did on suspicion of her motives. She wasn’t the first and won’t be the last to get cancelled for trying spend too much time here without being able to convince CBP it’s genuine tourism.  They don’t need “just cause”. She can try get a new B visa at the consulate but realistically my last conclusion stands - you’re visiting Colombia or she needs a different visa. 

Edited by SusieQQQ

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5 minutes ago, NuestraUnion said:

Seems the OP is really struggling with the fact that non-immigrant visas can be revoked just like that.

 

yes he is. a visa from Colombia is hard to get and hers was never abused. that's my problem, she never abused or violated the terms.

she didn't do anything wrong. I think its very unfair that just like that its gone without real cause.

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7 minutes ago, SusieQQQ said:

Ok, I didn’t see the correct year, sorry

fact remains CBP is entitled to do what they did on suspicion of her motives. She wasn’t the first and won’t be the last to get cancelled for trying spend too much time here without being able to convince CBP it’s genuine tourism.  They don’t need “just cause”. She can try get a new B visa at the consulate but realistically my last conclusion stands - you’re visiting Colombia or she needs a different visa. 

Susie, we didn't have plans to marry yet but of course it was an option in the future. But as I wrote before, I wonder if this would affect a k1 application? If you know.

 

 

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10 minutes ago, user54321 said:

Susie, we didn't have plans to marry yet but of course it was an option in the future. But as I wrote before, I wonder if this would affect a k1 application? If you know.

 

 

Did they allow her to withdraw her request to enter the US?


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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

I just think immigration officer wasn't convinced with the responses from the B2 visitor, and that's the cause - he wasn't convinced. Having a Visa does not mean automatic entry because the officer can deny entry for whatever reason and there's no appeal to that. 

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Filed: K-1 Visa Country: Wales
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Just now, missileman said:

Did they allow her to withdraw her request to enter the US?

Not according to the OP, 

 

From others reports when this happens obviously something needs to raise concern and then there is a much longer interview in Secondary. Quite what happened there we do not know.


“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.”

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Filed: AOS (apr) Country: Philippines
Timeline

No one, no one, is 'guaranteed' entrance into the US except US citizens. 

 

Having a US visa is great, but doesn't get entry. They are subject to inspection.

 

Something, whether you know the full details or just half the story, raised suspicion and she was denied entry.

 

Again, to restate, a visa only allows the ability to travel and enter the US, does not guarantee it. Any misuse of it causes it to be terminated and highly unlikely to regain it for some time.

 

Get the full story, not the sweetened version, full story with questions and answers before trying to claim how 'unfair' it is. A lot of people on here tend to leave out little details.

Edited by Ben&Zian

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2 minutes ago, user54321 said:

 

I have no idea. she said they gave her papers to sign but she hadn't read them yet to know what exactly they say

If she signed papers without reading them that's her own fault.  READ the fine print! 

 

For example:  in the fine print of using the wi-fi agreement, it may say the location has the right to look at all the information on the wifi compatible device.  Now if you sign into wifi without reading the fine print, they could see all your photos and documents and be within their legal right to do so.  You could claim it was unfair and even sue the company, but really you signed a contract without reading the fine print, which isn't their issue.

 

She should have read the papers and understood what they meant before signing.  


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36 minutes ago, user54321 said:

Susie, we didn't have plans to marry yet but of course it was an option in the future. But as I wrote before, I wonder if this would affect a k1 application? If you know.

 

 

No, it wouldn’t. If you haven’t met in person yet however you need to do that for k1.

19 minutes ago, user54321 said:

 

I have no idea. she said they gave her papers to sign but she hadn't read them yet to know what exactly they say

Should never sign something that hasn’t been read. 

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50 minutes ago, user54321 said:

 

yes he is. a visa from Colombia is hard to get and hers was never abused. that's my problem, she never abused or violated the terms.

she didn't do anything wrong. I think its very unfair that just like that its gone without real cause.

Intent matters, not just following the technical terms of the visa. By law any visa applicant and applicant for entry is presumed to have immigrant intent and needs to convince otherwise to get the visa/be admitted. She clearly was unable to overcome that presumption. You may not like it, but it’s the law and the CBP officer was well within rights to act the way s/he did.

 

From INA §214(b):

Every alien (other than a nonimmigrant described in subparagraph (H)(i) or (L ) of Section 101(a)(15)) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15).

Edited by SusieQQQ

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