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  1. #1

    Default Denied at Port of Entry in Us for Foreign Medical Graduate

    I am a medical graduate(Doctor) from India. I was denied entry at the Port of entry after I came back from India to attend residency training interviews in US (Interview for postgraduate studies selection) on multiple entry B1/B2 visa. I had a 10 year multiple entry Visitor visa for US. Unfortunately immigration officer at airport was confused about my earlier visits where I had done observership, where we just observe physicians in hospital or clinical set up. Doing observership is legal on B1/B2 visa but has not been mentioned well in any government website. I was asked to withdraw my application for entry and told to come on other visa, which is actually different and is for clerkship for medical students. For which the officer got confused as my case, in spite of trying to clarify his misunderstanding. My multiple entry visa was also canceled. And application for admission withdrawn stamped on my passport with code 212 (a) (7) (A) (i) (1). The only mistake i might have done is stayed in US for long in past 2-3 years, but never overstayed my I-94.
    I have few residency training interviews left for this year, which is crucial and amount to the effort i have put for the past 3-4 years.

    My questions are:
    1)So can i apply for a new visitor visa?
    2)Should I consult a visa consultant or immigration lawyer. Please suggest someone good in Bangalore, India.
    3)Also if my visitor visa application is refused will there be any problem in few months if i am sponsored J1 or H1.


    Wish you all a very Happy New Year.


    A similar case in this forum was

    http://www.expertlaw.com/forums/show...t=79520&page=1

  2. #2
    Join Date
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    Default Re: Denied at Port of Entry in Us for Foreign Medical Graduate

    1) Yes.
    2) Definitely. We cannot make any recommendations, however, and certainly none in Bangelore. We're mostly laypeople here.
    3) Probably not, but again, you definitely need to contact an immigration attorney.
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  3. #3

    Default Re: Denied at Port of Entry in Us for Foreign Medical Graduate

    Thanks lawresearchermissy
    Thanks for the reply. This has become a big headache on one hand career and also as liability.
    Anyone with more suggestions.

  4. #4
    Join Date
    Jan 2007
    Posts
    1,270

    Default Re: Denied at Port of Entry in Us for Foreign Medical Graduate

    J-1 has requirements similar to those for B1/B2. Thus, the revocation may be an issue. The effect on H-1B is less certain as the requirements are different.

    It is quite likely that your previous travel was seen as very suspicious. What young doctor can spend so much time not working but doing "observerships" especially since a US residency- or future US job - is never guaranteed to a foreign national? Even physicians seeking US residencies are likely to be furthering their career in their home country.

    You are quite arrogant to assert: "For which the officer got confused as my case, in spite of trying to clarify his misunderstanding.". The officer was quite well informed; your travel pattern was not in keeping with others in similar situations and is certainly an issue. When you attempted to "correct" him and now that you are claiming that he does not understand US laws, you were/are foolish. He was entirely within US law to act as he did.

  5. #5

    Default Re: Denied at Port of Entry in Us for Foreign Medical Graduate

    Thanks T53147
    Sorry if you felt I was arrogant as I mention only that the officer does not know about observerships as legal. I am not telling that the officer does not know law. whatever you told has been 'correct' also as we always should be at the receiving end. Others in similar situation have travelled like me and had no problems. It is myself who faced problem may be because as my friends tell i went to port of entry at time of heightened security for new year.
    Dear T53147 you seem to be more knowledgable. Please i need more suggestions and information from you if I can reapply for B1/B2 visa and how to convince that all I am doing and did earlier was to pursue higher education there in US.
    Thanks

  6. #6
    Join Date
    Jan 2007
    Posts
    1,270

    Default Re: Denied at Port of Entry in Us for Foreign Medical Graduate

    You should consult a US immigration attorney for a complete review of your situation and assistance in preparation for another interview. It will be money well spent.

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