Mistake at immigration

[HarshB123]

Hi
I dont think that my problem is a common one.

I had visited US on B1/B2 visa from 17-nov-2002 to 17-feb-2003. When I entered the US, the immigration officer, while putting the last date stamp, might have forgotten to change the year to 2003. He put 18-feb-2002 instead. I noticed this after coming out of the airport. I immediately let my client know about it. They said it was pretty fine because no US officer is so rude that he will not validate the necessary things and that I should not worry about it. To my surprise, no authority at the airport on my way back questioned me about it.

Now, I have been at mumbai for CP, that time, the office here said that you stayed illegally from feb 2002 to Nov 2002. Officer was not ready get convinced even with the return stamp I got at Mumbai airport.

I found out from this site (which I am really thankful to) that in such a case where the officer say that this stamp is a bogus one, the reason of rejection is 212(a)(6)(c). But in my case the reason is 214(b) which stands for "possible immigrant".

My questions are:
1. Can this be really the reason why I got my visa rejected?
2. Can I reapply?
3. If I reapply, what is most likely to be a solid evidence that I did not enter US ever before 17-nov-2003?

Regards,
Harsh

[tanaats]

I think you're in "ask a lawyer" territory. FWIW, here's my boilerplate on that...

Good luck,
Joe

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"Free" isn't always "free". Remember that sometimes the reply will be "your question is too complicated for a free answer, you must pay me for a consultation if we are to continue". Or even, "This is so tricky on the face of it that you will need to engage me and pay a retainer if we are to continue." Those can be *quite* legitimate replies, and in that case you'll have to make a judgment call. Remember that if you decide to pay a lawyer, it doesn't have to be the one who just gave you the free advice.

If you can't afford to pay an immigration lawyer, and "free advice" isn't enough. ask your local CIS office for their list of referrals to local low-cost or free immigration legal advice. Also call the local Catholic diocese's social services office and ask of they can refer you to someone.

Note that I'm merely mentioning all of the above as possible sources. You're on your own in judging the quality of the answers you get. And you can find your own additional sources of course.

You can also find a lawyer who will give you a consultation through these folks. That is the professional organization for immigration lawyers, and they will refer you to someone who will charge no more than $100 for a half-hour consultation. I'd think an *experienced* immigration lawyer could answer your questions in that time.

As for "experience", a query to the AILA about the level of experience of their referred lawyers resulted in this reply:

"Many of our members are new lawyers, so in that sense you aren't guaranteed years of experience in immigration law with one of our members. Still, a lawyer is not likely to pay the required fees to join AILA unless they are serious about practicing immigration law. AILA membership doesn't confer any special certifications, so the fact that membership is strictly voluntary might indicate that our members are dedicated to keeping up to date with changes in immigration law."

Because *any* lawyer can join the AILA, you could possibly be referred to an immigration lawyer "in training". I recommend interviewing your AILA referral for their level of appropriate experience just as carefully as any other referral you come up with.

But the *best* referral to an immigration lawyer would be from a very satisfied client that you know and who has used that lawyer.

My $0.02.

[localmadras]

consult a lawyer

as Joe says , consult a lawyer immediately.

<<< What evidence of my departure from the United States do you require? The evidence can come from a variety of sources, including but not limited to:
Original boarding passes you used to depart the United States;
Entry or departure stamps in your passport to indicate you entered another country after you departed the United States (please copy all passport pages that are not completley blank and include the biographic page containing your photograph);
Dated pay slips or vouchers from your employer to indicate that you worked in another country after you departed the United States;
Dated bank records showing transactions in your home country to indicate that you were in another country after your left the United States;
School records showing your attendance at a school outside the United States to indicate you were in another country after you left the United States;
Dated credit card receipts with the credit card number deleted for purchases you made after you departed the United States to indicate you were in another country after you left the United States.

Please send legible copies or the original material where possible. If you send original materials please retain a copy for your records; the originals will not be returned to you. It will assist the USCIS if you include an explanation letter in English.>>>