Denied entry with a valid B1/B2 visa?

Immigration 4 views 3 answers
is there anything you can do, when you are denied entry with a valid B1/B2 visa? can you request a hearing or appeal of any sort? or you have no choice but to go back to your country?

Attorney Answers

3
Karin WolmanImmigration AttorneyNew York, NY ·
You may or may not be subject to a bar; admission is totally at the discretion of the inspecting officer at the Port of Entry, and the intending visitor always has the burden of proof. Having a facially-valid B1/B2 visa in your passport is no guarantee of admission - every time you seek to come into the US, you have to prove to the satisfaction of the CBP officer that your visit is indeed brief, finite, for a lawful purpose, that you have sufficient funds to pay for your needs during the visit without working, and that you have no intention of violating your status (by working, going to school, or overstaying) and that you have an unabandoned residence in your home country to which you will return. In addition to all these criteria, some of which are subjective and intangible, there is also the possibility that you may have been refused admission because of a legal bar. Bars to admissibility can be based on conduct such as past overstay in the US, misrepresentations to an immigration officer, any arrest or criminal history, or any association with a group deemed to be associated with terrorism, among others. For a discussion of your personal immigration history and the specific reasons why you may have been refused admission, I strongly recommend that you seek consultation with an immigration attorney. This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship.
0 upvotes
Shah Peerally ·
Did you try to apply for B1/B2 while inside the US? To my knowledge, the approval rate on this is almost nil unless you are doing an extension or a humanitarian ground. If you leave on time, and are outside, you can always reapply. If you are outside, just reapply again. I have clients who got it on the 5th time. Good Luck Shah Peerally Note: The above is provided for informational use only. One should not act or refrain to act based solely on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.
0 upvotes
Alan Brinkmeier ·
It sounds like you are subject to a bar to reentering the U.S. So you can't get another visa unless you obtain a waiver, which is unlikely to be approved. Check with a NY immigration attorney to further discuss the details.
0 upvotes

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