b2 cancelled without just cause. any options?

[accumbyte 148]

2 hours ago, Cryssiekins said:

Entering the US is not a right bestowed upon anyone, unless they are a citizen.

Exactly. And when USCs are mistakenly deported the Gov gets sued for messing up: http://immigrationimpact.com/2015/07/02/u-s-settles-with-4-year-old-u-s-citizen-they-wrongfully-deported/

[inneedofmyhb 217]

3 hours ago, user54321 said:

My gf entering from Colombia yesterday for a visit of 70 days was pulled aside for in depth interview. She told them the truth, was coming to visit me and my family. She has made 2 trips here in the past. The last was aug. 2017. she returned to Colombia Jan. 2018. 5 months, no overstay.  Before that was one month in 2016. CBP CANCELLED her visa and returned her to Colombia. They wrote across the face in ink cancelled several times. They said she violated the terms of her visa because she was living here. In the past 2 years she was here a total of 5 months. that is not living here!!  IS THERE ANYTHING I CAN DO? Have a review or an appeal for example. We/She have not done anything wrong or contrary to the terms of the visa.

no haters please. we are devastated. A visa from Colombia is very difficult to receive. They told her she could apply for another but I feel that would be a waste of time and money.

 

and to address my other post before I get questions...…. It was a curious question because she ask if she could clean houses of family members while she was here.

Hi there, 

 

I started reading all the replies and stopped half way through, so not too sure If you received a response like I’m about to give you. I can understand your frustration 100% right now. The same thing happened to my boyfriend (now husband) back in 2017. You feel like it’s not fair at the moment and they said she was living here when she wasn’t. I was there, I get it. He was denied entry and expedited back to Argentina. They wrote “revoked” in his passport. Long story short, there’s a process to all this madness and take it from me, we’ve been in this process for almost 2 yrs now. When someone is removed from the airport by expedited removal, their B2 visa is cancelled for good. Along with that, you receive a 5 year ban from re-entering the country. I can tell you right now, they will not give her another visitor visa. In their eyes, she will never leave here. Regardless of the truth that you both know. The only way she can ever return here would be either with a K1 fiancé visa or CR1 visa (ours). After I talked to tons of lawyers, I moved to Argentina for 10 months, took my job with me, we then married the last month I was there and when I returned, we filed I-130 petition. That’s NOT the end. Once that petition is approved, because she now has a 5-year ban, you then have to file an I-212 (permission to re-apply for visa to enter US). Which in itself is a very long process. You have to prove hardship on you the US Citizen if they don’t allow her to enter or the hardship you would suffer if you had to move to Columbia. There’s so much more to it but too long to write on here. The steps above are where you would need to start. Instead of stressing and being upset over what happened, now is the time to really focus on what you want in future with her. Don’t be pissed at immigration and CBP. I now fully understand why they did what they did and we are doing the “correct” things to get him here. If you want more info, you are more the welcome to send me a private message. Many on here have helped me to understand all this, I’m will do return that favor to you. Just breath and focus 👍🏼.

[inneedofmyhb 217]

1 hour 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

The papers she most likely signed were her expedited/deportation papers and her printed out interview. I’ve heard of other countries having people sign bogus papers.  But honestly, I don’t think the US would ever do something like that especially with everything that is going on right now with immigration. They don’t need any other lawsuits in their backs. 

[SalishSea 16,770]

10 minutes ago, inneedofmyhb said:

The papers she most likely signed were her expedited/deportation papers and her printed out interview. I’ve heard of other countries having people sign bogus papers.  But honestly, I don’t think the US would ever do something like that especially with everything that is going on right now with immigration. They don’t need any other lawsuits in their backs. 

Where did you get that the papers she signed were “bogus”?   She chose to sign them without reading the content first.   That’s on her.

[SalishSea 16,770]

18 minutes ago, inneedofmyhb said:

Hi there, 

 

I started reading all the replies and stopped half way through, so not too sure If you received a response like I’m about to give you. I can understand your frustration 100% right now. The same thing happened to my boyfriend (now husband) back in 2017. You feel like it’s not fair at the moment and they said she was living here when she wasn’t. I was there, I get it. He was denied entry and expedited back to Argentina. They wrote “revoked” in his passport. Long story short, there’s a process to all this madness and take it from me, we’ve been in this process for almost 2 yrs now. When someone is removed from the airport by expedited removal, their B2 visa is cancelled for good. Along with that, you receive a 5 year ban from re-entering the country. I can tell you right now, they will not give her another visitor visa. In their eyes, she will never leave here. Regardless of the truth that you both know. The only way she can ever return here would be either with a K1 fiancé visa or CR1 visa (ours). After I talked to tons of lawyers, I moved to Argentina for 10 months, took my job with me, we then married the last month I was there and when I returned, we filed I-130 petition. That’s NOT the end. Once that petition is approved, because she now has a 5-year ban, you then have to file an I-212 (permission to re-apply for visa to enter US). Which in itself is a very long process. You have to prove hardship on you the US Citizen if they don’t allow her to enter or the hardship you would suffer if you had to move to Columbia. There’s so much more to it but too long to write on here. The steps above are where you would need to start. Instead of stressing and being upset over what happened, now is the time to really focus on what you want in future with her. Don’t be pissed at immigration and CBP. I now fully understand why they did what they did and we are doing the “correct” things to get him here. If you want more info, you are more the welcome to send me a private message. Many on here have helped me to understand all this, I’m will do return that favor to you. Just breath and focus 👍🏼.

I thought the 5 year bar was only for material misrep? 

[Boiler 43,430]

Just now, Jorgedig said:

I thought the 5 year bar was only for material misrep? 

Basically for being deported, Misrep usually lifetime ban.

[geowrian 22,335]

4 hours ago, user54321 said:

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.

Yes, CBP has the authority to void any visa if they believe it was issued or is being used incorrectly. If they thought she was using it to live in the US, intended to stay in the US, or intended to violate status by working, they can void it. There is no appeal. She can apply for a new visa if she believes the decision was incorrect...CBP rarely denies somebody with a newly printed visa.

 

Verify that the signed papers were not an expedited deportation.

 

4 hours ago, user54321 said:

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 hours ago, user54321 said:

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.

Are you certain they didn't ask her about working or find anything in her possession regarding working? Did they check her phone?

If they did and saw anything regarding working, that can be an issue. It doesn't matter if CBP brought it up again or not. A misrepresentation bar can be imposed when she applies for a new visa if she said no and they found any evidence otherwise.

 

4 hours ago, user54321 said:

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.

3 hours ago, user54321 said:

I understand they were suspicious, but how can they cancel her visa without just cause? she did not violate the terms of her visa.

they can deny entry if they think she might, yes. but cancel it????  that don't seem right.

See above. They absolutely have the authority to cancel any visa.

[inneedofmyhb 217]

47 minutes ago, Jorgedig said:

I thought the 5 year bar was only for material misrep? 

5 year ban for first deportation. Then it goes 10 years and 20 years and for misrep is permanente bar (you would have to remain outside the US 10 years before applying for another visa). In order for them to find you inadmissible for misrep/fraud. There has to be plenty of proof to the CO. From what you are telling me, it’s most likely they checked the 5 year ban on her paperwork and inadmisibilty 212(a)(7)(A)(i)(I), (Immigrant Without Proper Visa or Travel Document), i.e. you are an immigrant who, at the time of application for admission, is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by immigration law, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required by the regulations.

 

 

 

54 minutes ago, Jorgedig said:

I thought the 5 year bar was only for material misrep? 

 

[mushroomspore 3,043]

4 hours ago, user54321 said:

she had no reason to lie, and I don't believe she did. 

Sorry but your belief doesn't matter here. Only CBP's does and they clearly believe she had the wrong intentions.

 

4 hours 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

Lol YOU are super off-base. Only US citizens are ever guaranteed entry. All others are subject to questioning, detainment and denial of entry. And of course CBP can cancel people's visas; your friend wanted to work while on a tourist visa. That's grounds enough. You think CBP's job is to be nice? Come on. 

[inneedofmyhb 217]

1 hour ago, Jorgedig said:

Where did you get that the papers she signed were “bogus”?   She chose to sign them without reading the content first.   That’s on her.

Some where in one of the replies I saw “the papers she signed were bogus” maybe I Misunderstood. 

[HonoraryCitizen 179]

Is there a reason why most (not all) answers to the OPs question are so hostile, unsympathetic and judgmental? Wow! It’s like I can see some schadenfreude oozing out of people’s pores.

 

Or is OP the same person as @user12 who asked some somewhat strange obfuscating troll-like questions with a supercilious attitude? Because honestly the mockery and hostility is bewildering.

Edited January 19, 2019 by HonoraryCitizen

[Crazy Cat 39,218]

11 minutes ago, HonoraryCitizen said:

Is there a reason why most answers to the OPs question are so hostile, unsympathetic and judgmental? Wow! It’s like I can see some schadenfreude oozing out of people’s pores.

 

Or is this the same person as Userxxxx who asks troll-like questions with a supercilious attitude? Because honestly the mockery and hostility is bewildering.

I see no hostility, and certainly no one taking pleasure at the OP's questions.  The OP thinks the lady was unjustly denied entry to the US, but all the information given shows the denial was completely in accordance with US law, imo.

[HonoraryCitizen 179]

Anyway to answer OP’s question or to provide some context, people are having their long term B visas revoked at an unprecedented rate. I just happen to know because I researched it about two months ago and alerted my friends and family and even posted about it on a news portal popular in my home country. Just google visa revoked and search under news tab.

 

They are not only revoking visas upon arrival at USA airports, they’re actually calling people who previously had long term visas at home to come to the embassy and revoking for a variety of reasons including if they think you stayed a bit too long (not overstays) the last time, if you had a baby in the USA, etc. Some people actually got their visas revoked when they simply took their minor children to get visas for them. Of course it is within their absolute right to do so, no question however it’s bewildering.

 

As has been pointed out, even if your lady didn’t get a 5 year ban for expedited removal, it will be pointless for her to reapply for a nonimmigrant visa (except H1 etc which allow dual intent) probably for the next five years, or at the minimum until this current administration is out of power. They’re taking a real hardline approach to immigration, any hint or smell of a violation of visa terms and you get bounced. 

Edited January 19, 2019 by HonoraryCitizen

[Hypnos 6,576]

There is probably more to the story than the OP indicates (e.g. they searched her phone and found something, etc.). Maybe the OP isn't aware of all of it. 

 

And the multiple accounts thing is not making me well disposed to their voracity on the subject. 

Edited January 19, 2019 by Hypnos

[Boiler 43,430]

I have seen visa's revoked and people bounced ever since I have been involved in US Immigration, certainly going from the posts I see on here I am not aware of any surge.

 

Giving birth in the US comes up time to time, usually using Emergency Medicaid.