Need Advice - URGENT

D

dude2711725

Registered Users (C)
Dear All:

This is very important and any feedback in this regard would be highly appreciated.

- A freind of mine ( Canadian Landed Immigrant ) was due to arrive in the US on 5/23/03 however he did not have a VISA - He had the h1B visa rubber stamp that was issued to him in Jan 2001 - however it seems the laws have changed and he was required to get a VISA Stamp on his passport and as he did not have one the IIO at the airport had him sent back to his Native Country " India " and asked him to get a VISA and come back, however before he was sent back his statements were recorded and was sent back

- Do you all feel he would be granted a VISA in INDIA
- What are his chances of making it back to the US
- Would an attorney in this case be helpful


Please RESPOND ASAP
 
I had a similar experience except that I was allowed to enter the US after I paid about $150 penalty fees (I do not remember the exact amount) and filled up a form.

When I first came to the US in 1996, I had my F1 visa. After I graduated from college, I applied for H1B and granted approval. I then travel outside the US, and I experienced challeges at the port of entry at the L.A. custom when I returned back because I did not have a H1B visa (I had my H1B approval letter but no H1-B Visa).

I was feeling terrible, but I insisted I should be allowed to entry the US. I explained to the officers that I have been told by the INS I do not need a new visa if I have my H1B approval letter. The officer and her manager finally allowed me to enter after I filled up a form and paid for a penalty. They mentioned to me that it was the one time thing in my life time. I was very lucky.

Given my own experience, I do not think your friend should have any problem to apply a visa in India. And he/she should not have any problem at the cport of entry.

I believe as long as your freind explains to the INS officer what was the problem (if the INS officer ever ask).
 
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