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sandip patel

can revoked B1/B2 visa be reinstated ?

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My parent in laws (from India) were denied entry at Chicago airport (Dec 2017) resulting into revoked their B1/B2 visa under 22 CFR41.122 (h) (3).  I have read thoroughly record of sworn statement given by CBP officer to my in-laws.  

When I applied B1/B2 visa of my in laws from Australia (they arrived in Aus on visitor visa)  , I mentioned in application that they had no any relatives /friends in USA. At the time of applying visa, my father in law did not know any one  in USA. Once my in-laws got B1/B2 visa, they tired to get some contact in USA so they would get help to visit different place and to overcome English language problem  

My father in law got good co-operative contact of his friend’s son ( green card holder)  who came to india from USA to visit his parent. This son of my father in law’s friend promised to help and take my inlaws to show different place of USA for some days . This person can not come at every place with my inlaws to visit but he would help to guide my father in law how to visit different city in USA. He also promised to give his other friends contact to my in laws in US for more help.  My in laws decided to go with him and they were flying  with him to come to USA from India. 

  

Now coming to main story of interview of CBP officer, CBP officer took mobile phone and diary from my father in law and found local USA phone number in mobile phone and diary.  Now CBP officer called to son of my father in law who was flying with him. He was waiting outside airport for my in laws to come out from immigration clearance to pick up them and taking them at his house. Son of friend of my father law  gave all detail including social security number  to CBP officer who called him   but CBP officer mentioned statement that this person is not taking any responsibility of my in laws. My father in law do not know what CBP officer talked to him and my father in law is surprised to know that that CBP officer wrote in statement that he is not taking any responsibility of my in laws because he was happily taking my in laws at his house and gave his all personnel detail to CBP officer.      

My in laws had hotel reservation and CBP officer inquired to hotel that reservation was there but  payment was not made.  Reason is that my in-laws had plan to stay some days at his  friend's son house then would stay in hotel in different city  and would be paying money at hotel after deciding how many days to stay at friend's son house after arriving in USA. CBP officer also rang to one of the other contact number found in diary and this person said to CBP officer that he does not know my in laws. My father in law got this other contact through son (who was flying with my in laws) of his friend. This son of my father in law had plan to talk about my in laws to this other contact person once my  in laws arrived in US so they did not have chat of my in laws.   So my father in law had not talked to other contact person before and this other contact  person had no idea about my father in law.  

CBP officer found photo of couple(husband and wife) in mobile of my father in law and asked my father in law if this person is son of him. CBP officer doubted if that person in photo is son of my father . My father in law said no. CBP officer asked two times in loud voice and my father in law said he could contact his son by his Indian mobile number. Suddenly CBP officer got angry and wrote revoked by pen on visa stamp. Reason of keeping this photo is that my father in law would be staying at his house during USA trip and my father in law did not see person before . But my father in law got this contact of this person through family friend.   

CBP officer found all these hotel reservation and some days staying at friend house and  revoked visa.  My in laws had no idea that all these mattered much for entry in USA otherwise they would have been prepared well.  

In summary , visa was revoked based on some local contact found in phone/diary (that we did not mention at the time of application) and hotel booking not paid .  

CBP officer also mentioned in statement as inadmissible ulder INA S 212(a) (7) (A) (i) (1) immigrant without valid immigrant visa. I did not find any relevant matter for this INA 212 related with my in laws(off course immigration lawyer knows more than I about this ). CBP officer also made a mistake in statement to mention correct language of interpreter means they wrote incorrect language for which interpreter provided.  

  

Off course CBP officer has right to permit entry or deny but CBP officer made my father in law returned alone in airline to go home country without letting him to meet my mother in law. My mother in law came after 2 days.  My father in law said that all clothes and medicine of his wife were in bag which my father in law was carrying. Not sure if this is normal process not to  allow husband to meet wife and husband had all medicine and clothes of his wife and wife came after 2 days .  

CBP officer wrote manually with pen as revoked on visa stamp  but statement shows as visa has been cancelled under 22 CEF.4L.L22(h) (3). What does it mean by revoked and cancelled visa ? Statement shows that application for admission has been withdrawn  but you will have the opportunity to apply for a new visa when you get back home. 

 

I am wondering how is chance of reinstating visa ? 

 

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He can certainly apply. A Gujarati Interview may be in order. Something the friends son said or did was responsible. It will be a new B2 visa. He may like to take the help of the firm of Murthy in Chennai for guidance.

 

Edited by pontevecchio

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May be an unfair suspicion but why exactly your in-laws need to tour the USA does not stand to logic..

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