QUESTION: Six months ago, I was asked to withdraw my application to enter the U.S. and my B1 visa was cancelled. I was told to apply for a different visa. Then, a month ago I received a job offer from a company in the U.S. I applied for a TN visa, which I didn't get because I did not fulfill the necessary requirements and was told to apply for a different working visa. My question is, do I have a 5 year bar? No one is telling me so. I'm told to reapply for a different visa, but never that I'm inadmissible.
REPLY: Thank you for your question. While I cannot provide you with case-specific advice without first reviewing your case in detail, I can provide you with some general information that may be useful.
Permission to withdraw an application for admission does not, in itself, carry any bar to future admission. In some instances, however, the individual granted permission to withdraw his/her application for admission is also charged with a
ground of inadmissibility at the time of withdrawal and, therefore, may be inadmissible on such grounds (i.e., criminal grounds; unlawful presence; fraud). Many grounds of inadmissibility carry with them a bar to admission for which a waiver is required (if available). If the individual has been issued an
order of expedited removal, which is different than a withdrawal of application for admission, then s/he is subject to a 5-year bar.
In most cases, the documents that are issued at the time of withdrawal (Form I-275) will indicate whether the individual has been charged with a ground of inadmissibility under section 212 of the Immigration and Nationality Act (INA).
If you are interested in a complete review and analysis of your case, including potential nonimmigrant visa options, please consider contacting my office to
request a consultation.
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