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  • Cancelled without prejudice

    Dear sir/madam
    Me & my wife had valid visitor visa but not travelled because my real uncle death( my father younger brother death due to brain hamrage .. He is in deep coma & died of 25 th feb.after death we all are busy in death ceramony so we cant travelled) so me & my wife decide go to holidays with our children on summer vaccation so i applied visa application for my kids through drop box . After dat the embassy issue a letter 221 g wid blue from to the kids for interview wid both the parents.DATED 04-05-2015 me, my wife & kids appear for the visa.then the consular asked me have u travelled to usa . I said no after dat consular asked u have ur passport now i said i have but in my car so she issued me a white letter 221 g refusal letter mentioned bring the parents passport thn i take the passport from my car with in 10 min. Ill show my passport and thn she is asked nothing & stamped our visa cancelled without prejudice.. Plzz advise..can i appeal or reapply again.. Plz tell why consular cancel our visa...cuz im applied visa for my kids not for me & my wife then consular cancelled our visa without any reason. I have strong tiesups in my home country . I have strong buisness ,my parents ,my property . Im member of two ngo..plz advise thanx..


    Regards
    Sunny narang

  • #2
    Originally posted by Sunny Narang View Post
    Dear sir/madam
    Me & my wife had valid visitor visa but not travelled because my real uncle death( my father younger brother death due to brain hamrage .. He is in deep coma & died of 25 th feb.after death we all are busy in death ceramony so we cant travelled) so me & my wife decide go to holidays with our children on summer vaccation so i applied visa application for my kids through drop box . After dat the embassy issue a letter 221 g wid blue from to the kids for interview wid both the parents.DATED 04-05-2015 me, my wife & kids appear for the visa.then the consular asked me have u travelled to usa . I said no after dat consular asked u have ur passport now i said i have but in my car so she issued me a white letter 221 g refusal letter mentioned bring the parents passport thn i take the passport from my car with in 10 min. Ill show my passport and thn she is asked nothing & stamped our visa cancelled without prejudice.. Plzz advise..can i appeal or reapply again.. Plz tell why consular cancel our visa...cuz im applied visa for my kids not for me & my wife then consular cancelled our visa without any reason. I have strong tiesups in my home country . I have strong buisness ,my parents ,my property . Im member of two ngo..plz advise thanx..


    Regards
    Sunny narang
    Ok, so this is going to be long/complicated . . . and it also has to do with you being probably from India - one of the countries with the highest number of US visa fraud in the world.

    A visa can be "CANCELLED WITHOUT PREJUDICE" or "CANCELLED WITH PREJUDICE". An example of "CANCELLED WITH PREJUDICE" is when you had a valid visa but you did something that led to the visa being cancelled - overstay, being involved in criminal activity, etc. This isn't your case.

    "CANCELLED WITHOUT PREJUDICE" is generally used when the visa is cancelled for some reason - but that reason shouldn't prevent you from applying to any other visa to the US, whenever you want. An example: as you probably know, there are multiple visa types - B1/B2, L1/L2, H1, etc. Say you have an L1 visa (intracompany transfer) and while the visa is still valid, you apply (and are granted) an H1 visa. The L1 visa is now invalid/not needed anymore - so when you go to get your H1 visa (and assuming the visa is granted), your L1 visa will be "CANCELLED WITHOUT PREJUDICE" - ie, "we canceled it but it doesn't reflect badly in the person". So to speak.

    In your case - remember that one of the assumptions you have to overcome is your intent to illegally immigrate to the USA. And also remember what I said before about the US visa fraud in India. So say your plan is to immigrate illegally to the US (not saying this is your case). You apply for a B1/B2 visa for yourself, your wife and your kids. You attend the interview all together - the consular officer doesn't buy your story, does NOT grant the visas.

    Some people then opt for a different strategy - the husband applies by himself, the wife by himself, then the kids. They all get the visas, they all immigrate illegally.

    In your case, and as you state, you and your wife had your own visas - but you had never before travelled to the US. And you didn't apply together with your kids - but your kids applied later.

    So when you show up with your kids, the consular officer is by default suspicious - is this an attempt to illegally immigrate? He doesn't know - so he asks you if you and your wife have US visas. You show up with your passport, with a US visa - and probably with no entry/exit stamps, never travelled to the USA.

    Under those conditions, the consular officer probably assumed, again, you were trying to bypass the system - and your intent was to illegally immigrate to the US all along. But, as he has no actual proof, he cannot "CANCEL WITH PREJUDICE" - but he CAN "CANCEL WITHOUT PREJUDICE" - which he did. Again, a cancellation w/o prejudice means you can reapply whenever you want - however, I have no doubts he made a note on your file about what he saw, and why he cancelled your visa.

    Can you appeal? There's no appeal process for visa denials. Can you apply again? Sure, as many times as you want, as often as you want - but based on what I explained before, I think it very unlikely you will be issued a B1/B2 visa again.

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    • #3
      Cancelled visa

      Wht is the impact of visa cancelled without prejudice for other country... If i apply for uk canada or australia .. Wht is the impact

      Comment


      • #4
        Originally posted by Sunny Narang View Post
        Wht is the impact of visa cancelled without prejudice for other country... If i apply for uk canada or australia .. Wht is the impact
        Don't know dude. Check the appropriate visa process for each one of those countries, see if they ask you "Have you ever been denied a visa to any other country?". Or they may not ask, but when you show up to your interview for (UK, AU, CA visa) they may look at your passport and ask.

        No, no, don't thank me - I get paid millions of dollars to answer your questions. It's a pleasure - no need, again, to thank me - AT ALL.

        Comment


        • #5
          i need a guinene advise

          i went to saint Lucia from Nepal as a student in 2015 for a month i went to the school but later it turned to be **** and was closed down students who went to that school filed a case against the school and the matter went to the court we stayed ideal for 15 months and later we were send home since during our stay in saint lucia our passports were being kept by the police officers and immigration and later they stamped every one's passport with "cancelled without prejudice" now i am intending to apply to usa as a MBA student should i take my old passport and go to the interview or should i change the passport? please help me out

          Comment


          • #6
            Originally posted by abineshbista View Post
            i went to saint Lucia from Nepal as a student in 2015 for a month i went to the school but later it turned to be **** and was closed down students who went to that school filed a case against the school and the matter went to the court we stayed ideal for 15 months and later we were send home since during our stay in saint lucia our passports were being kept by the police officers and immigration and later they stamped every one's passport with "cancelled without prejudice" now i am intending to apply to usa as a MBA student should i take my old passport and go to the interview or should i change the passport? please help me out
            Hey friend!
            What did you do?
            Did u take a new passport or tried for a new visa with the old passport?
            I'm in a similar situation and kindly please help me..
            Thanks.

            Comment


            • #7
              any update on your case ?

              Originally posted by ra-min View Post
              Hey friend!
              What did you do?
              Did u take a new passport or tried for a new visa with the old passport?
              I'm in a similar situation and kindly please help me..
              Thanks.

              email me - [email protected] with your contact pls

              Comment

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