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-   -   B2 visa Revoked/Cancelled (https://www.expatforum.com/expats/usa-expat-forum-expats-living-usa/1480352-b2-visa-revoked-cancelled.html)

man-uni 10th May 2019 09:38 PM

B2 visa Revoked/Cancelled
 
Hello All,

I apologize for the long rant in advance and would appreciate information that would clarify my concerns.

I came to the US on a B2 visa and was given 6 months at the airport. I stayed the duration and put in an application for an extension for another 5 months.

The extension was granted and I was notified of the approval 35 days before the date of expiry of the extension.

I was looking to buy or start a business without any intent to change status and leave the US and this was the reason I wanted to extend in addition to tourism and meet friends.

I put in for another extension for 2 more months and paid the fees and this time included the finger prints fee as this was the new rule.

I could not find any lucrative business and decided that its would be best to leave the US and if I was able to find any business that was of interest to me, I'd return for a short while.

I left the US before a decision was made on my extension exactly on the 37th day after my first extension expired.

Just before I boarded the flight, I was asked how long I was in the US and which visa by an officer. I replied I was on a B2 visa and I and I was in the US for a year and I applied and got an extension.

He asked if I have any papers and I showed him my I-795 approval notice.

He told me that since I overstayed my extension, this visa is cancelled. I told him that I put in for another extension but was leaving before a decision was made and I followed all procedures and didn't do anything illegal.

He still insisted that this visa is cancelled regardless and didn't want me to fly back to the US later and be refused entry and lose the money. He said that I will have to apply for another visa and if granted, I could come back.

I am very sad and distressed to know that but all my searches gave me results confirming what he told me but there was no information to show that this would still apply to me even though I applied for an extension and paid the fees.

Just to clarify, I was in the US for a total of 1 year and I work remotely and don't need to be in any particular place for work which gives me the freedom to be in any part of the world without any work related restrictions.

If someone could shed light in this and hopefully give me some information I would appreciate it. I loved being In the US and it really bothers me that I messed up unintentionally.

Crawford 10th May 2019 11:50 PM

Have not come across an I-795 form......

You spent an extraordinary time in the US on a B-2.

From your posting I get the impression that you are not of retirement age, and to obtain a B2 and an extention and then to apply for another extention is somewhat unusual. Being a Brit I would have thought you were eligible for the VWP.

If an immigration official has told you that your B2 has been cancelled, then you would need to apply for another one.

The following statement by you is confusing:

Just to clarify, I was in the US for a total of 1 year and I work remotely and don't need to be in any particular place for work which gives me the freedom to be in any part of the world without any work related restrictions.

As far as the US is concerned you cannot work in the US on a B2.

Having spent a year in the US I suspect the official thought that you had been.

man-uni 11th May 2019 12:47 AM

Thank you for giving me a quick reply. I have answered to your thoughts in red. This is my first time posting and replying so I don't know if this is the right way to do it. Apologies if I'm mistaken.



Quote:

Originally Posted by Crawford (Post 14868142)
Have not come across an I-795 form......

It is actually form I-797 (Decision Letter) In my case, it was approved for the time I asked to extend.

You spent an extraordinary time in the US on a B-2.

From your posting I get the impression that you are not of retirement age, and to obtain a B2 and an extention and then to apply for another extention is somewhat unusual. Being a Brit I would have thought you were eligible for the VWP.

VWP only allows a maximum stay of up to 90 days non extendable. Hence applied for a 10 year multiple entry visa and was granted permission to stay for 6 months at the airport.

If an immigration official has told you that your B2 has been cancelled, then you would need to apply for another one.

Everyone boarding the flight was asked these questions just before boarding the flight. When he said that my visa was cancelled, he did not have any equipment to check. He said he is informing me so that I don't end up wasting money on tickets if I do come again to the US on the current visa. I assumed that he told me this based on assumption/information as per the CBP. I'm still not sure if that applies to me since I did apply for another extension and paid the fees.

The following statement by you is confusing:

Just to clarify, I was in the US for a total of 1 year and I work remotely and don't need to be in any particular place for work which gives me the freedom to be in any part of the world without any work related restrictions.

I develop apps as a contractor for clients all over the world. I have a company in the UK and only transact through my bank account in the UK. This allows me the freedom to be in any part of the world without my work being affected. Also to be specific, I do not have any clients in the US and I have never approached on in the US.


As far as the US is concerned you cannot work in the US on a B2.

I did not work in the US at all

Having spent a year in the US I suspect the official thought that you had been.

He did not doubt or suspect me of working in the US and didn't even ask me about it.

Crawford 11th May 2019 05:15 AM

OK.... well, if it's cancelled you'll just have to apply for another one.

Bevdeforges 11th May 2019 07:16 AM

Just a couple of points for clarification:

Generally speaking, you are deemed to be "working in" whatever country you are physically located in while doing whatever work it is you do. Where or how you are paid or where your customers or registration is have no bearing on where you are working for legal and tax purposes.

Then, on the B2 visa, it's normally limited to no more than 6 months in any 1 year period. I know of people who have run into difficulties on re-entry if they are doing a strict 6 months in, 6 months out routine (based on a border official's evaluation that they have spent more than half their time in the US during an 18 month period - makes no real sense, but the border people have considerable discretion in the moment).

I suppose the first thing to do is to confirm whether or not your B2 visa has been revoked. If it has, that may make things a bit harder for obtaining a new visa, but hey, you'll never know until you try/ask the question.


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