Can i Re-enter USA, after getting, 212 (a)(7)(a)(i)(1) stamp on F1 Visa in may2011, with Application Withdrawn.

[santosh3330]

Sir/Madam

Subject:- Please advise ,what are the Possibility of Re-entering USA on B1 or H1b visas, through a company i working for. After getting, 212 (a)(7)(a)(i)(1) stamp on F1 Visa in may2011, and Application Withdrawn.

(1)I got F1 visa(for 5yrs) stamped in Aug 2007 india,

(2)In 2009 i graduated(MBA), 2010 joinned tri-valley university, California
(3)2011 Jan`19, Tri-valley University got shut down. I was out of status. Tried all possible sources to get admission in another university. which didn't happen, cause the Sevis was freezed by ICE. for all the students of Tri-Valley University
(4)Based on advice of a university, i was asked to India  and get fresh i-20 and and fresh Sevis. and new entry i-94. And went to india on 14th april 2011, and got all the docs 
(5)I landed at Chicago airport 18th may 2011, At port of entry with fresh i-20 and fresh Sevis. and my F1 existing visa was valid till july 2012. 
(6)The officer took me inside a cabin , and asked me question on tri-valley university and told me, he cant let me pass the port entry(usa) and told me i over stayed for 85days. i was surprised, as visa is valid till july 2012

(7)Officer said go back to your home country, and get new visa. I was asked him, if there is any ban on me, he simply said, there is no Ban on u . u need  another new visa to come back into USA.

(8)He stamped Application Withdraw on visa, &212 (a)(7)(a)(i)(1)

(9)I payed for my flight ticket. came back to india chennai airport .

(10)Now a company i work for, is willing to send me on b1 or h1b, could you advice, if i could re-enter USA.

thanking you all, please do needfull 

Santosh Kumar

[jairichi]

Talk to an attorney.

[rahul412]

In 2009 i graduated(MBA), 2010 joinned tri-valley university, California

Any reason for that??

 

With TVU on your record, you need a very very very very good immigration attorney for help.

[sandra7985]

Hi, 

 

I have the almost the similar situation. I had B1 visa for 10 years. Got the stamping in 2012 For Visiting my sister here. I provided their details( Name, Contact details and work) for the visa stamping( DS 160).  

I work in India and have no intention to work on H1 or start a business. My sister moved out US in 2012 but I do have friends 

and Wanted to Visit US before my wedding was fixed for new year. So I travelled in DEC 2012 just before  Christmas. I was JFK airport, got the port of entry done and all the luggage was also scanned(No questions asked about sister). Just before entering and taking my cabin luggage an officer pulled me over and asked me to open my cabin bag which I did. I had to carry my work documents and certificates so as to prove that I will go back for my work in India.

 

The officer told me that I have come to work here with all these documents and being on B-1/B-2 visa thats and Violation and He stamped me 212(a)(7)(A)(i)(I) and wrote canceled on my visa page and stamped application of admission WithDrawn.  

 

I did not know much about the problem then, so I thought becuase my sister left the country I was also not given the entry and my visa was cancelled. But now my sister is back to Us and I tried to apply for B1/B2 visa again then the VO told that do not try to apply again as you will not get B1/B2 visa again because of the previous issue. I applied it through my new passport with new address   I thought it would make some difference but no use. So my questions are: 

 

Do I need to apply for the non immigrant waiver? 

and whats are chances of getting it approved?

after getting it approved can I still fight for the B1/B2 visa for future purposes. 

Do I have to go through attorney for this process. 

 

Please help me out. 

[JoeF]

I had to carry my work documents and certificates so as to prove that I will go back for my work in India.

 

Huh? Who told you that?

This certainly is wrong wrong wrong, as you found out.

And new passport or address doesn't matter. Why in the world did you think it would change things???

 

I think there is something you are not telling us, with all these, sorry, st*pid ideas about taking work documents with you and trying to get a visa with a new passport.

[pontevecchio]

Your best shot is to discuss the matter with the firm of Murthy. Merely carrying documents is not an offence. Maybe something related to your sister?