Refused admission to US 2 years ago, need to reapply for a B1 visa.


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Im trying to solicit an informed opinion regarding my issue preferably from people who have been in the same situation.

2 years ago, I was required to travel to the US for on-boarding/knowledge transfer from a colleague employed in the US (I was employed in India). The corporation that I was working for had sponsored a B1 visa for me. The POE officers refused admission, cancelled my visa, and stamped the following on a separate page : Application for Admission Withdrawn: 212(a)(A)(7)(I)(i). There is a separate document - Sworn Statement I-867 .. .235(b)(1). It contains a verbatim report of the conversation that transpired between the POE officer and myself. It basically has a record of my stating my reasons for the visit, and concludes at this point:

"You have been found inadmissible to the US as an immigrant not in possession of a valid immigrant visa. Do you understand?

You will be allowed to withdraw your application to enter the US in lieu of expedition removal. Understand?

Instead of formally removing you, which carries a 5 yr bar, you will be allowed to withdraw your application for admission and return your home country or country of last residence. Do you understand?

Do you understand that your visa will be cancelled and you will need to re-apply for a new one in your home country?"

Has anyone re-applied for a visa after facing a situation like this? I'm looking to understand-

- If I may be ineligible to apply for a B1 visa or any other visa.

- If yes to above, realistically, how worth the trouble is it? Is it a nightmare? Would like to weigh that against refusing the travel and risking a potential downward rating this season :)

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It is pretty much in the discretion of the consulate if they want to give you another B1 visa or not. You most likely will have to explain the situation from 2 years ago.

At least you didn't get a ban. The officer was nice enough to allow you to withdraw the application for admission.

You should discuss things with an immigration lawyer before going to the consulate.

Does your current employer know about this situation?

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Yes, they know. They still want me to apply - the Management team. Business requirements trump individual employee considerations. I guess I need more creative ways to avoid the travel requirement. Maybe the in-house legal team will block it.

You don't have a ban, so it is possible that the consulate would approve the visa. It depends on how strong the application is. That's why a good immigration lawyer should be involved.

Just going there and hoping for the best is unlikely to work...

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Guest Noah Lotte

You can always apply, but having once traveled in order to work, the VOs will be wondering the same thing at your second interview...are you really going for a legitimate purpose ("knowledge transfer" is not a legitimate reason since that phrase really translates into "working under the table") or is something else going on? And, if granted a visa, expect a thorough welcome at the POE.

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  • 2 weeks later...

Moral of the story - OP was likely believed to be entering the US to perform services not authorized under B-1 visa status. People traveling should understand what is permitted and if they need clarification, discuss it with a US immigration attorney BEFORE traveling.

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Guest Noah Lotte

and the OP's credbility is negligible...he's already applied for and received a B1 visa in order to work in the US without revealing that to anyone; but that ploy failed....the report of his refusal of admisson will be easily available to any VO, anywhere....and the questions will begin with something like..."So why am I to believe that you won't be working in the US during your 'knowledge transfer' visit?' (at this point, the applicant will try to shove a bunch of papers at the VO, including what the applicant believes is the magic solution, a letter (wow!) from the company stating that 'of course, Mr. X will not be working during his 'knowledge transfer' have our word on this...' ...the company's word has no more value than two week old newspaper, since they will say anything to obtain cheap labor from abroad. I suspect the OP will face intense scrutiny, followed by a refusal.

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Guest Noah Lotte

While seeking the advice of an attorney is reasonable, bear in mind that nothing the attorney can say (in writing) to a VO means anything...because the attorney does not exert any control over his/her client once they reach the US....what is going to matter is whether or not the VO believes the story that the OP will tell ...and whether or not the VO believes that the true purpose of this visa request is something other than the ever popular....'knowledge transfer' (i.e., thinly disguised work under the table)...and no opinion from any third party will likely sway the decision of the VO...(imagine how difficult this interview will be for the OP, having once gone to the US to apparently engage in unauthorized employment, why won't the VO believe that he will try to do it again?)

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