H1B Revoked in May on POE upon return to US from a vacation


samarthjain

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Posted

Hi,

My H1B visa was revoked in May this year by CBP after they claimed that I had invalid visa because of a violation committed by my employer. They asked me to withdraw my application for admission. I complied with their demand and my visa was revoked under section  212 (a)(7)(A)(i)(I) and sent back on the plane to India. Upon return to India I filed a FBI CJIS summary report upon request of an attorney to see my overall record. I received the report today after 4 months and it states that I was arrested by FBI at POE on the day they refused entry to me in May. I feel that this is an unlawful act by FBI as it shouldn't show an arrest if they are simply refusing entry to an alien by canceling the visa. The report doesnt show any state or local level arrests during my 10 year stay in USA. I fear this is a willful misrepresentation of the situation that unfolded at the airport and FBI is purposefully ruining my record and making it difficult for me to enter in other countries. I would like to know if someone else has received a similar report and is there an option to challenge this record?

Thanks

Sam

Posted

If you were refused admission, you are legally not even on US soil, so the FBI should not even be involved.

You would have to get a good immigration lawyer involved.

Posted

So I got hold of the actual copy of the report and it says I was Arrested Or Received on date (of deportation) by CBP. and the charges are : Alien Inadmissibility under Section 212. Is this something as serious as I initially thought it was? 

  • 2 weeks later...
Posted
On 11/15/2017 at 0:38 AM, samarthjain said:

So I got hold of the actual copy of the report and it says I was Arrested Or Received on date (of deportation) by CBP. and the charges are : Alien Inadmissibility under Section 212. Is this something as serious as I initially thought it was? 

That is a common reason for folks that have been sent back from POE.

Posted
On 11/14/2017 at 11:38 PM, samarthjain said:

So I got hold of the actual copy of the report and it says I was Arrested Or Received on date (of deportation) by CBP. and the charges are : Alien Inadmissibility under Section 212. Is this something as serious as I initially thought it was? 

That means you were denied admission. It was not a withdrawal of application for admission, because that would imply you didn't apply for admission.

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