Help Reauired 212CFR41.122(h)(3)

[netaji]

I have a vaid B1/B2 visa for 10 year multiply entry, issued in Chennai consulate on July 2001. TIll now I have visited U.S. for Four times on Business purpose.

On my last visit, I was denied admision in to USA, at the port of entry (Detroit MI) in the month of February 2004.

As I was visiting U.S. to get train on software testing but could not produce the Training shedule to the immigration officer.

The immigration officer found me inadmisible to U.S. pursuant to 22CFR41.122(h)(3) of the INA as smended and was charged with 212(a)(5)(A)(i) no labour certification. I was permitted to withdraw my application for admission. The immigration officer has not revoked the visa physically canceling it.

As I may have to visit U.S again next month for business purpose, I would like to clarify some queries about the satus of y present B1 visa. Is my current B1 visa still valid or not? If not do I have to apply for a new B1 visa ?

I will wait for your valuable comments, Thanks in advance.

If you people don't know, please direct me to the required website.

[taco]

I have a vaid B1/B2 visa for 10 year multiply entry, issued in Chennai consulate on July 2001. TIll now I have visited U.S. for Four times on Business purpose.

On my last visit, I was denied admision in to USA, at the port of entry (Detroit MI) in the month of Fubruary 2004.

The immigration officer found me inadmisible to U.S. pursuant to 22CFR41.122(h)(3) of the INA as smended and was charged with 121(a)(5)(A)(i) no labour certification. I was permitted to withdraw my application for admission. The immigration officer has not revoked the visa physically canceling it.

As I may have to visit U.S again next month for business purpose, I would like to clarify some queries about the satus of y present B1 visa. Is my current B1 visa still valid or not? If not do I have to apply for a new B1 visa ?

I will wait for your valuable comments, Thanks in advance.

If you people don't know, please direct me to the required website.

Did you mention to the inspector that you had come to work in the US?
You seem to be inadmissible to the US under 212(a)5(A)(i) and not 121(a)(5)(A)(i) as you have written. This means inadmissible to US for
entering to perform labour without a labour certification.

Also, 22CFR 41.122(h)(3) means,
"The alien is notified pursuant to INA
235(b) by an immigration officer at a port of entry that the alien
appears to be inadmissible to the United States and the alien requests
and is granted permission to withdraw the application for admission."

I advise you contact an attorney by email before trying to enter
again on that visa.

[netaji]

Thank you. I appreciate your help on this.

No. I didnot mentioned to the inspector that I have come to work in the US. I informed the officer that I have come for training workshop. As I didn't have any training shedule with me, I could not prove my purpose of visit is only for training.

Did you mention to the inspector that you had come to work in the US?
You seem to be inadmissible to the US under 212(a)5(A)(i) and not 121(a)(5)(A)(i) as you have written. This means inadmissible to US for
entering to perform labour without a labour certification.

Also, 22CFR 41.122(h)(3) means,
"The alien is notified pursuant to INA
235(b) by an immigration officer at a port of entry that the alien
appears to be inadmissible to the United States and the alien requests
and is granted permission to withdraw the application for admission."

I advise you contact an attorney by email before trying to enter
again on that visa.

[taco]

Getting stopped

You are welcome. I have a question too, if you do not mind.
For the benefit of all of us here, could you please tell us what happens
when you are refused entry? I mean how do you arrange for the next flight
back home? Are you given a place to wait and sleep at the airport till your next flight back home? I want to know just in case one of us in a situation
like this. Thanks .

[netaji]

As per the immigration officer, If the person is having return flight tickets the INS officer will change the return ticket departure dates to the next available flight for the same day or next day. In my case it was on the same day.

If it is more than one day they will proivide you accomidation for the night in the airport it self.

If the return tickets are not available with you they will provide you with one, but you have to bear the charges, if u can not pay they will still provide you with the tickets but you will be blacklisted for five years. Which means you cannot return to U.S for next five years.

You are welcome. I have a question too, if you do not mind.
For the benefit of all of us here, could you please tell us what happens
when you are refused entry? I mean how do you arrange for the next flight
back home? Are you given a place to wait and sleep at the airport till your next flight back home? I want to know just in case one of us in a situation
like this. Thanks .