I was recently denied entry (paroled) to the US while in possession of a valid B1/2 Visa. I also possess a valid C1D Visa. Although I have always left the US well within my B1/2 time constraints, I have spent a lot of time in the US (22 months since Oct 2006 according to immigration) traveling extensively both within the US and abroad . The immigration official CANCELLED my B1/2 Visa. The Notice of Order of Expedited Removal stated that I was subject to removal because "I was not in possession of a valid entry document", even though I WAS in possesion of a valid entry document

My question is, am I able to reapply for a B1/2 Visa, and if so, is there any kind of waiting period I must adhere to? I have seen some posts about 5-10 year bans, so I want to be sure. What are my chances of getting another Visa? I have very strong ties in the UK (family, bank accounts, home etc.), and I am a retired police officer who now does contract work in security for major cruise lines.

It sounds like you are subject to a five year bar to reentering the US. So you can't get another visa unless you obtain a waiver, which is unlikely to be approved.

Hi:

Actually, the reason for removal is valid -- but your reading is a reasonable one. Wrong, but reasonable.

The 212(a)(7)(B)(i)(II) "no valid nonimmigrant visa requires that you have a visa valid in both form and substance. When the border guard determined that you were not a bona fide visitor, you met the form [the visa] but not the "substance" part of the equation.

Are you sure you have an "expedited removal?" You may have an I-275 where you were allowed to "withdraw" you application for admission. [The physical visa still gets cancelled]. If there is an "expedited removal" you are barred for five years from re-admission.

That said, I find the expedited removal combined with a parole to be strange. They have the authority to do this -- but I've never seen it.

Once you leave, you CAN apply for a new visa, but you need to file a 212(d)(3) waiver application with it.

I was given a 7 day parole because I had work papers showing I was leaving the country to work on the cruise ship (which is where I am currently - out of the US). The document I was given quotes Section 235(b)(1), under section (7)(A)(i)(I).

It sounds like you were ordered removed as an immigrant without an immigrant visa, but something is wrong with what you describe.

Mr. F. is right. When an expedited removal takes place, they're not supposed to parole the person unless they meet with an asylum officer first. The person is supposed to be detained. They may have the authority to parole, but they aren't supposed to parole people like that.

Where did this take place?

Did you overstay, even by a day?

Were you ever denied an extension request?

Did you have a foreign residence anywhere?

Your visa may have been voided even though it seemed intact.

Were you working in the US?

Did you get an I-862 and/or an I-296?

By the way. Make sure the cruise ship doesn't bring you back to the US. That includes Puerto Rico, St Thomas, etc.

If you arrive in the US, you can get charged with a felony. The max sentence is 2 to 20yrs and something like a $250,000 fine. A 20 year administrative bar could be imposed as well.

Hi:

He cannot depart the ship in the US. Slightly different.

BTW, the charge he quoted makes even more sense -- he had a tourist visa, but was not in possession of an immigrant visa -- two different little beasties.

Also, he didn't mention, what happened to that C-1D visa. It would also appear to be invalid.

As described, it does not all hang together -- it may be a CBP screw-up -- they can get downright weird at time.

Never overstayed EVER. Never requested an extension. Only traveling & visiting in the US, not working. Never applied for or received an I-862 or
I-296 (don't know what they are to be honest). No foreign residence (just my home in the UK). This occured in North Carolina, traveling from Heathrow.
To my knowledge, the Seamans visa is still valid, they made no mention of it.
PS - Thanks for the tip about coming back to the US via cruise ship. I DID realize as much, and were are currently headed for the Med.

Did they give you a copy of everything you signed? You should have received a copy of an I-862, I-867A/B, and an I-296.

I have an I-867A only (4 pages)

That's odd.

Does it say anything about "You have been ordered removed.... " ?

Did they write "I-275", "Ordered Removed", or "22 CFR something" on the visa?

The immigration officer just wrote CANCELLED on the visa, and left it in the passport. The order of removal is simply part of the I-867A form

Check carefully to see if it says I-862 anywhere on that order of removal form. The I-867 is a sworn statement.

It looks like the last page is an I-860 (determination of inadmissibility and order of removal under section 235(b)(1). I do not see I-862 anywhere

My bad. The I-862 is a different charging document. The I-860 is an expedited removal order. You most likely have a 5 year bar.