misrepresentation of intent


bhavson2002

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Dear Friends,

I am private practitioner in india since 2005. I have US visitor visa since 2007 ( which i got on genuine visitor-tourism purpose only that time ), my brother- H1, sister US citizen, parents- recently became green card holders. I got married to girl on H1 in USA in februry 2012.

I had 1 year fellowship ( with workpermit in canada from 2008-2009, during that time i visited USA 5 times for less than 10 days duration )

Due to my changing family dynamics- i decided to go for usmle within last 2 years. I went to USA in august 2011 to give USMLE ( went back to india in 27 days ), and then december 2011 to give residency interviews. I got married during same visit ( went back to india on 27th february 2012 ). I am concerned as at the port of entry-during my both last visits- i didnt told immigration officer that i am here for exams and interviews- i told them i am here for tour and seeing 2-3 girls.

I was little worried that time- if i disclose the fact that i am here for step 2 cs exam and residency programs interviews- then i might not be admitted. But now big issue for now is-did i misrepresented my intent- or is it visitor visa violation? and what are the chances visa officer giving me hard time for H1 stamping interview?

Your help with be really appreciated.

Thanks in advance.

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Thank you so much Pontevecchio.

I didnt understood your reply fully.

My question is- during my last 2 visits- i told admitting officer that i am visiting my family ( for sure it was primary purpose ), but i gave exam and attended interviews also. I feel now- i did wrong and i would have disclosed about exam and interviews to admitting officer and now i feel might create problem while my visa interview for H1. As my previous 2 visits have b2 passport- while i gave exam and interviews which require b1 on your passport stamp. Do you think this creates problem during my visa interview? , and if yes how to admit and rectify the problem at visa interview. your opinion is appreciated.

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Thank you so much Pontevecchio.

Those words are really comforting.

Why I was worried?- reason is one of collegue- was held by visa officer on this and he got 221g ( though he stayed for 5.5 months in same visit and did observership also ).

I will highly appreciate if you can provide me link- b2 visa- tourist is allowed to give exam and interview.

Thanks again.

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I would ask you to maybe get a Lawyers take as a forum is nameless. I have come to the USA on a tourist visa and given all three parts of USMLE and at all times mentioning the reason. I have come to the USA in Tourist status and attended 40 Interviews for Residency and also mentioned it to the POE Officer.

A "Tourist Visa" (B-2) is a visa for "pleasure" while the "sister category" (B-1) is for "business". These two visas are issues as a combination (look in your passport it is a B1/B2). Most such admissions are not distinguished. Which ever B-1 or B-2 (or a combination) was on your I-94 was correct because your activities qualify as either "business" (if you are anal) or "pleasure" (if you find it pleasurable to further your career---and why wouldn't you?).

The real issue you could face is being married to someone in the U.S., however, as the spouse of an H-1B, you could enter as an H-4 and seek a change of status to your own H1-B later inside the U.S. (Be careful not to get sucked into a J-1 visa!) Also, there is an option to obtain LPR status as a physician through a National Interest Waiver (but it comes with strings attached for a few years--they make you earn it with a commitment to serve in an area or in a specialty or for a particular employer for a specified period).

SEE: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e39718a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=a695a6c515083210VgnVCM100000082ca60aRCRD

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Thank you so much BigJoe5. I really appreciate such detailed explaination.

I am not too much worried on my marriage though- as i got married- incidentally with that girl ( though we were in contact for 1 year- we never met before. and i met her after almost 1.5 month of my arrival to USA and marriage was after 2.5 month of arrival to USA, and i left USA after 10 days of my marriage date to my home country). My program is sponsoring me H1- so H4 i wont need it.

My only worry was my admission to USA was for B2, and i did exams and interviews. If thats not considered wrong, then I am absolutely safe.

Thanks again.

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