Denied Entry on B1/B2 Visa

[nicksharma]

Hi,
I was transiting through Chicago for Vancouver. when I denied entry and volunteer withdrawn my application. The CBP officer asked me about my earlier visits in USA and told me you have stayed in USA more than India my home country in past three years. What you was doing while your stay in USA.He checked my violet and got my California ID and my bank account and couple of visiting cards of my friends. He asked me that we belief that you was working in usa.I told them that I was staying with my cousin who have Liquor store in Los Angeles. Because both my cousin and sister-in-Law go to store, I stay most of time at home with their children and pick them and drop at school. But CBP officer said I don't belief a person like you can stay at home all time, then I told them not always some time I go with my cousin at store and help him in store. He asked how much money per hour you get. I said I was not getting pay from him. Then he asked about the money deposited in my account I said my cousin gave me that. They always help me even before I came to USA its not getting pay. Then he told me to write my employer's address in India. I am working for Police in India. He said you didn't bring your family with you anytime. He asked me how much money I have. He said we know you are a good guy but we think you are working in USA without work permit. I told him I have no intention to stay in USA because I have applied for PR in Canada. But he cancelled my visa and gave me stamp 212(a)(7)(A)(i)(I).He said if you want to stay in USA you can apply for Asylum. Which I refused. I told him that my checking bag has already reached in Vancouver. what about that ,he said we will take care of that. But until now I didn't get my bag back I asked everybody Vancouver Airport Lost Baggage, My Air line united airways and CBP but nobody respond positively and nobody take responsibility.
I have submitted a complaint with DHS TRIP programme and my application is under consideration. Tell me do I need to wait for their decision or I can apply for new visa. And also plz tell me whether this decision effects on my PR case for Canada. I have applied for PR against Federal skilled category. What are the chances for getting new USA visa.Thanx

Regards

[aaron]

212(a)(7)(A)(i)(I) translates into "Documentation requirements. - Immigrants. - In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission - who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a) ... is inadmissible." I guess that follows from the cancellation of your visa.

U.S. immigration decisions are separate from Canadian immigration decisions - different countries, different immigration agencies.

I'm in no position to guess as to the merits of their case - even if they're wrong, that doesn't mean there's no evidence in support of their interpretation of your history in the United States - but now that they've made that decision it's reasonable to anticipate that it will be more difficult for you to get a visa. Your odds? Well, they depend upon the details of your case, your nation of origin, the type of visa you seek, your evidence of ties to your nation of origin, etc.

[nicksharma]

Hello Aaron,
Thanx for ur reply. Let me give you more details of my case so that you can reach on a conclusion. When they took me for secondary inspection. I sat there for half an hour CBP officer didn’t call me he was dealing with other people even they came after me. My passport was lying in the rack on his table. Then he called me after half an hour. Asked me about where you going I said Vancouver and then after LA.he asked me what are you doing in India. I said I am working for Police department. then he asked what was you doing before. I said I was a teacher. Let me tell you when I got visa for USA in 2000 I was a teacher. Then he asked how long you stay in LA I said two and half month that’s the way my ticket was made. He said ok and told me to wait. After 15 minutes his duty changed new CBP officer came he started dealing other cases but my passport was still there. Late after another officer came took my passport and went in another room. he came back after 15 minutes and called me asked me why I frequently came on my last two visits to USA.then he asked me what are you doing in India I told him that I am working for police in India. Then he asked me name and address of my unit where I posted and what is my rank. then suddenly he said follow me and he took me in a room.offerd me a chair and then after asked tell me what are you doing in USA.I know you work in USA which is in his opinion is nothing wrong and lot of people doing. How much money you got paid. I said I didn’t work in USA.He got irritated and said don’t give me a bullshit.I can tag you or kick you out of USA.You know why you are sitting here because we know you are a good guy. but I want truth from you. I said look officer I am not lying with you my previous visits are off course have financial concerned but its not I was working for some one. It is in between me and my cousin who helped me a lot in my rainy days when my mother was serious. Now whenever they need some help I come and help them. He said what you do. I said stay at home pick up their kids from school and drop them. Teach them at home. He said I don’t belief that person like you stay whole time at home. I sad no some time I go with him at store. He said what you do there. I said help him in stocking. Help him to loading unloading the grocery from truck. Then he said write down the name and address of you chief from police back in India which I did. He asked me how much pay you get there. How long you been working. Then he turn-on his computer and told me I can see that you have a bank account in USA and there was a transaction of three thousand dollars where did they come from. I said my cousin gave me. He said how much per hour he paid you. I said it’s not like this. He always helps me. Then he asked me to see my violet. I gave him he took searched and took out my BOA debit card, CA ID card, some visiting cards of my friends in USA and my cousin’s business card. Took them all and said lets go out. He also mentioned why you kept all this junk with you. I sat down in waiting room. I was so tired and hungry so I started eating a banana meanwhile another CBP officer came and sat on bench next to me he started asking about how much money per hour I paid. I told him sir I told other officer I was not working. It was helping my cousin I didn’t get any money. he said you told to other officer that you was working in store. I said I go with him in store some time and help him in store. you define it different way. he said how long you going to stay in usa I said no I am going to Vancouver just transiting in Chicago. I told him I have no intention to stay in USA because I have already applied for PR in Canada under skilled category. he surprised and said ok we will give you ten days entry but don’t stay too long in USA otherwise we will cancel your visa I said thanx I will defiantly. he went to the same officer who asked me earlier. the after new officer called me in room and said I am sorry singh I don’t like but I have to cancel your visa and send you back to your home country. it was a big mental below for me. I requested officer plz let me talk to you seniors. he said you can’t. on my too much insist he said ok I will try .he went out and came back after five minutes said sorry I told you. its not in my hands and started typing on computer my statement. by requesting to much he got upset he said look after me a lady officer will come and yell on you. I can deport you too. I am tiring to help you. he said you look deferent in passport. let me tell you aaron that. when I got visa in 2000 I was wearing turban on passport and both on visa. because I am a Sikh. but after my old passport pages filled with visa I got new passport in which I have clean shaved picture. I have not only USA visa but also have valid UK and Canadian visa. I travelled two time to USA with both passport attached. visa in my old passport and arrival stamp in new passport nobody asked me about it. I don’t know may be they thinking me a wrong person. though he said if you want to stay in USA I can let you file asylum case. but you have to prove that you have life threat in India. which I said I don’t. my visa was valid until 2010.he said I am not giving you a Barr. you can go to new Delhi embassy and apply for new visa. he took my photo and FP.gave me back all my cards except CA ID.i signed some document which he said mean you know that you are going back to India. They CBP officer’s behaviour was good except pushing me to accept that I was working illegally in USA. He offered me cigarette which I said no thanx I don’t smoke. he said if you want to call you can make a phone call. I again said no thanx.but asked about my check in bag which was already reached in Vancouver. he said don’t worry we will take care of that. he said we are not deporting you .you are volunteer withdrawn application of admission in USA.gave stamp of 212(a)……I asked him does this effect on my PR case to Canada. he said no they don’t worry about what problem you have with other countries and same we do.i said good bye to all of them and returned with same day from USA. One thing more in 2003 very first time after 9/11 I entered in USA they did my secondary inspection and asked same what was I doing before I joined police. Hope you will help me plz in this odd situation Thanx

Regards

[T53147]

There is no advise to give you other than your actions have indicated that you do not appear to be a candidate for entry into the US. Don't waste your money and the consulates time applying for a visa again.

You appear to have worked illegally in the US by virtue of bank deposits and admission to immigration officers.

[olivera]

hello
I was wondering how an officer got your bank information and deposit information without a court order? can they just access your account like that?
thank you very much for your response