Entry Denied on B1/B2 Visa at Port of Entry to a Physician

[goodbody]

Hi

I will really appreciate a response from all the senior members of this forum.

My brother was visiting few weeks ago on B1 B2 visa. He is a doctor back in India and was in the process of getting into a residency program in General Surgery here in USA. He passed all the required exams to qualify for residency in General surgery and was coming to USA for an observership in a hospital in NEW York to improve his curriculum vitae. This was his third visit to USA and he left USA all the time in the past without any problems. His last visit was about 25 days earlier than this visit.

At the port of entry, he told the officer that he is coming for an observership, officer told him that he can't do an observership on B1/B2 visa and captured his certificate file from him and took him for second inspection. She (the Officer) viewed all of his previous Lettres of recommendations that indicated that he has done some work in the hospital. Officer indicated that as he was working here in USA on B1/B2 visa so he is inadmissible and asked him to voluntary withdraw his application. He tried to explain that she can call to any of the physicians whom he has worked with and that this was just to improve his Currculum Vitae and was not paid but she did not listen. She cancelled his 10 year Multiple Entry visa and sent him back. Before she sent him back, she told him that he has a bright future in USA and he should apply again on the basis of USMLE Step3 Exam and he will get the visa.

Now he is really confused what to do. Is there any time frame before he can apply again to USA Embassy in New Delhi or he can apply now. What other precautions he should take before he goes to embassy. What are the chances of getting Visitor visa again. He has really put five years of hard work into it and now unluckily he is in this situation when he was expecting the results of his hard work.
I would really appreciate any suggestions. I tried searching the forum but could not come up a situation similar to this.
Thanks

[LawResearcherMissy]

He can apply now.

That said, before he does so, he should consult an immigration attorney for help with the paperwork to ensure he doesn't make any mistakes.