Business Visa Cancelled, need to reapply

[oberoiamish]

Hello,

I have few questions regarding US Business Visa.

Below is my background and current info:

• I have Indian passport

• Currently living in Canada as a Permanent Resident

• Got B1/B2 Visa issued on 10 Sep 2008 from India.

• Made my first Business Visit to US last year from Canada and stayed for 139 days in US

• Tried to make a second visit to US on January this year but was not allowed to enter US due to the following reasons:
a. Doing Project manager/Consulting Work
//Although I stated that I was talking to clients, gathering data and info for projects
b. US Company paid for food, transportation and apartment which is not allowed under B1/B2 visa.
//I received per diem which I guess is allowed under Business Visa
Due to the above issues, my Business Visa was also cancelled.

• I am currently working as a Consultant for the same US company. I have incorporated a company in Canada which gets the work from the US company.

I have the following 2 queries:
a. Was my Visa cancelled for genuine reason?
b. How can I reapply for a Business Visa from Canada

Thanks for the help!

[peace999]

what date did you enter in 2013?

did they write anything on your cancelled visa ; name of a section or anything?

these days they are very sensitive to people staying long duration on B1s, they suspect you may have been working. 139 days was really long for a B1 visit.

[oberoiamish]

Hey,

I entered on January 15, 2013.

They gave 3 page I-275 (Withdrawal of Application for Admission/Consular Notification) on which it says "Subject appears to be inadmissible under 212 (a) (7) (B) (i) (II) of the Immigration and Nationality Act (non Immigration without a valid Visa) & 212 (a) (7) (A) (i) (I) of the Immigration and Nationality Act (Immigration without Docs).

The last page has these instructions on it:For withdrawal procedures, see Inspections Fields Manual Chapters 17.2 and 17.15. Aliens who appear inadmissible pursuant to section 235(b)(2) of the INA who elect to withdraw application for admission may choose at any time to appear before an Immigration judge for a hearing in removal proceedings, Aliens who appear inadmissible pursuant to section 235(b)(1) or inadmissible pursuant to 8CFR 217.4 are not entitled to a hearing before an immigration judge


Thanks!

[peace999]

You were denied in view of your last long stay and your current purpose.
You have not mentioned the duration you requested this time, that too could have triggered this.

You signed on withdrawal of application for admission, right?

Then you can apply for another visa in canadabut you have to plan carefully, as chances of denial after that incident will be high.

First of all, wait several months. Apply with a clear cut purpose that is not a grey area. Like business meetings and duration of days to couple of weeks. If you will apply for
months, you are bound to be denied. Must have strong ties to canada like strong income and proof of incorporation as you mentioned.