Denied? Visa for USA
Today I arrived at Newark Airport with a new passport and a new B1/B2 visa. I came before many times to the US and always stayed 6-10 weeks on my ESTA visa. But since I have so many entries I thought a proper visa would be better. And so I applied for one...
So here I am at the airport immigration. The first agent could not check me in because I used the self-scanning machines and since I have a ESTA nationality passport it could not find the ESTA. So he referred me to another agent who had the same issue.
I then was asked to go with another agent to some office in the back. I did and there it started. 'Why do I have a visa and not a ESTA?' I explained that the US embassy recommended that I get a B1/B2 visa after talking to me as it would be better for my needs.
After answering some questions why I was in the US, the attitude of the officer changed and became hostile. I told him I was there for business and told him about my meetings and the name of the clients. I even offered to give him the phone numbers. I also said that I would only stay 4 weeks max.
The officer seemed to think I was there only to pick up money and go home. He kept insisting that clients paid me in cash money but they don't. We use wire transfers and I'm not there to work just to negotiate contracts.
I told him that in the past clients did pay me cash to pay flights, hotel, car, gas and food as this is their cost.
Now the officer says I should not try bullshit him. However because I went to get a visa and tried to do the right thing he will give me entry for 1 week.
But on my passport it says B1 and also my I-94 says 180 days.
I'm unsure what to do. Do I leave after 1 week and miss out on work for me and my employees? Is the officer allowed to just change dates? If yes, can I in this week's time, appeal it somehow and sort this out?
Help would be welcome.
Best Answer
Do I leave after 1 week and miss out on work for me and my employees?
This part of you question is opinion based question however I will chip in my $0.02 cents. If your i94 says 180 days, that’s what is in the official records and what you have been legally given. That said immigration officers can and sometimes do make annotations on a travelers profile and put in flags for you to be scrutinized on your next trip.
Thus although you officially have 180 days, I would advice you err on the side of caution and leave after a week. Regarding missing out on work for your employees amen yourself, my response would be which is worse, missing out on a little work now or getting banned next time? You would lose a lot more work if it is the latter.
Is the officer allowed to just change dates?
What it is important to realize is that unfortunately when it comes to nonimmigrant visas and admission, the immigration officer is usually the judge, jury and executioner and it is prudent to behave accordingly.
If yes can I in this week time appeal for it somehow and sort this out?
You can try, I would not recommend it. It takes weeks, usually months for USCIS to reply to change of status/extension of status issues by which time you would have left. Plus what exactly are you challenging, you got 180 days although it’s not recommended you go beyond a week. USCIS only deals with the official issue. They would likely just reject your request because it’s moot.
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What happens when a US visa is denied?
If denied a visa, in most cases the applicant is notified of the section of law which applies. Visa applicants are also advised by the consular officer if they may apply for a waiver of their ineligibility.Is it possible to get US visa after rejection?
Take an honest look at your life situation and your U.S. immigration history to determine the reasons why you were refused a tourist visa. While you can't appeal the consular officer's decision, the good news is that the decision is not permanent and you can reapply for a visa at any time after your refusal.How do I overcome a US visa denial?
If you face a 214(b) visa denial based on not having strong ties to your country of residence, it is possible to have the denial reversed if you can provide evidence that you have these ties. A qualified immigration professional is the best one to help you gather the appropriate evidence and make your case.When can I reapply for US visa after rejection?
Do refused applicants have to wait three to six months before reapplying? There is no time restriction on resubmitting an application after a refusal. If additional information or supporting documentation is available which may further demonstrate applicant's qualification for a visa, an application may be resubmitted.10 Reasons Your US Visa May be Denied
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