Jigar Patel

@geowrian, actually I don’t know if I have mentioned it incorrectly or something but I did have a valid visa which had 7 more years of validity but the VISA was cancelled at the port of entry.

Yes, I know there always will be an electronic record of it and that is what I wanted to be changed/amended/corrected or removed by contesting the decision or a waiver which you already have mentioned is only to put away the ban. Anyways it seems it ain't happening.

Thank you so much for giving your insightful thoughts

@boiler, thanks for your valued input

@geowrian  I am sorry if I have misquoted or sounded like it but I do not want to make any claim of staying in US and have no intention whatsoever of staying in the US.

As regards, as to why would a tourist want to come back, last time around when I had come, i.e. before this stint happened, I could only travel the East coast from the state of New England till Florida. This visit which went south was only intended to roam California, Las Vegas and other states on the west coast and Illinois and Texas which were left out in my last trip. Only after returning back did I learn that I should have applied for some waiver before traveling, but it was already a lost cause.

After this experience I don't wish to travel to the US anymore, its just that I only want the "cancelled" stamped legally removed from my VISA and my name cleared from the wrongdoer list, that's the long and short of it.

Do you know a way by which I can atleast try for a wavier or contest the decision.

@Transborderwife  I'm saying this as we r just looking for option; It's like if I had wanted to live in USA, I could have done that the last time I was there inside US. Now that I read, ask and inquire, I have learned that to wait for decision on the application would have been a better option, but as an law abiding individual as soon as the processing period of 2 1/2 months ended, I left. Anyways, is there any way to correct this, by applying for a waiver or contesting the decision

@geowrian If u can please elaborate as to what is it that you want to know from your following "That said, I'm a bit confused. What is your claim for having legal stay within the US?"

@Transborderwife There was a gap of 9 months

@boiler, @transborderwife, wrongly imposed as in as far as my understanding goes, I applied for extension and waited for the decision but as the processing time exceeded the 2 1/2 month period as mentioned in the USCIS website, I exited the country without waiting a day more.

@Penguin_ie I tried to enter on my tourist Visa only, change of status was a thing of past, there was no change in my VISA, change of status had never happened and that is the reason why I left as soon as the 2 1/2 period processing time as stated in the USCIS website got over and my application was still under processing.

@Boiler, Waivers or something of that sort is what I am actually trying to find, can I apply for some waiver or some kind of hearing. When i had applied for extension/change of status, In USCIS website under processing time it will stated that processing will take some 2 1/2 months to process my application, when the application status only read as processing even after 2 1/2 months, I left. I only want to go to US for tourism and recreational purposes, no intentions of staying back.

@milimelo,@transborderwife. So does this mean that there is no way of contesting the 5 year ban which was wrongfully imposed on me.

Doyens n Members of the Learned Community,

          I need to contest and/or appeal against the following set of events.

          I was traveling to US for the third time on an B1/B2 Visa and on port of entry, New York, I was detained for questioning as in my last trip I had overstayed for 2 months with appropriate documentation like I-539 application to file extension/change of status from B1/B2 to F1, but as the application was in process and it was taking too long for processing and as no time line was given as to when will i know about the outcome and it was already 2 months since my valid stay expired, and getting no answers from USCIS, i left only to return in March, 2016 with all of my documents such as I-539, I-20,I-797C but on finding nothing concrete to charge me with, I was deported and my VISA was stamped with "Cancelled" and some documents with the following were given to me:

             "You have been found to be inadmissible to the United States under the Provisions of Section 212(a) of the Immigration and Nationality Act (INA) or deportable under the provisions of section 237 of the Act as a Visa Waiver Pilot Program violator. In accordance with the provisions of section 212(a) (9) of the Act, you are prohibited from entering, attempting to enter, or being in the United States

              For a period of 5 years from the date of your departure from the United States as a consequence of your having been found inadmissible as an arriving alien in proceedings under section 235(b) (1) or 240 of the Act on another page under the same heading the following was also written.

                 (1) You are not a citizen or national of the United States

                 (2) You are a native of India and a citizen of India

                 (3) You are an immigrant not in possession of a valid unexpired immigrant visa, reentry permit, border crossing card, or other valid entry document required by the Immigration and Nationality Act.

             ON THE BASIS OF THE FOREGOING, IT IS CHARGED THAT YOU ARE SUBJECT TO REMOVAL FROM THE UNITED STATES PURSUANT TO THE FOLLOWING PROVISION(S) OF LAW.           

           Moreover on the remarks page of passport there was an entry made "212(a) (7)(A)(i)(I)"

           I'm lost as to what to do, how to file appeal, etc. and thus I ask for help from the visajourney community, and my expiry for filing an appeal is only a month away.

Kind regards,

JP