Deportation at the Border

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Can You Be Detained and Deported at the Border?

Yes, US Customs and Border Protection (CBP) officers at land border crossings have the authority to detain, question, and deport travelers attempting to enter the United States. If CBP officers believe you are inadmissible due to issues such as missing documents, prior immigration violations, or suspected fraud, they can cancel your visa, deny your entry, and even issue an expedited removal order Section 212(a)(7)(A)(i)(I) and Section 212(a)(7)(B), which can bar you from returning to the US for up to five years or more. In some cases, individuals are taken into detention and placed in formal removal proceedings.

However, a border deportation does not always mean your case is over. Many people who are turned away or deported can still challenge the decision or apply for legal waivers to return. Here are three cases where we successfully helped clients after they were deported at the border.

Case 1: Denied Entry for Suspected Unauthorized Work

An Indian IT consultant, traveling on an H1B visa, was stopped at the US-Canada border and accused of planning to work outside the scope of his visa. CBP officers denied his entry, canceled his H1B status, and told him he would need a different visa to return. We reviewed his case and prepared a legal brief clarifying his job duties, showing that his role was fully compliant with H1B regulations. After filing the necessary paperwork with the consulate, he was able to obtain a new H1B visa and return to work in the US.

Case 2: F1 Visa Holder Detained Due to OPT SEVIS Issues Caused by her University

The F1 visa holder’s university made a mistake with her SEVIS.  Instead of fixing it, they advised her to reenter the US through Mexico to resolve this issue.  She was detained at the border and her visa was cancelled.  Her family retained us and we worked with the detention officer for her release.  After she was released, we were able to work with the school and helped her obtain a new visa to return back to the US.

Case 3: Expedited Removal Due to Alleged Visa Fraud

An Asian visitor on a B2 visa was attempting to cross into the US from Mexico when CBP officers accused him of misrepresenting his travel plans. They suspected he intended to stay longer than allowed and issued an expedited removal order, banning him from re-entering for five years. We appealed the decision, proving that he had no intention of violating his visa. After months of advocacy, we won his case, and he was able to travel to the US again legally.

Have You Been Deported at the Border? Contact Us Today

If you have been turned away or deported at a U.S. land border, you may still have options. Waivers, and legal challenges can help reverse a wrongful deportation or allow you to re-enter in the future. Time is critical and acting quickly can improve your chances of success. Contact my office immediately at 305-515-0613 or info@messersmithlaw.com for a consultation. We have extensive experience helping individuals fight border deportations and regain their ability to enter the US.

How To Obtain A Visa After 214(b) Denial

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A 214(b) denial means the U.S. consular officer believes you did not sufficiently demonstrate eligibility for a nonimmigrant visa. Essentially that you do not intend to return to your home country after your visit. This is common for B1/B2 (tourist/business), F1 (student), J1 (exchange visitor), and other temporary visas. However, we have successfully helped many applicants secure visa approvals after a Section 214(b) denial.

These are the most common reasons for a denial under INA §214(b):

  • Weak Ties to Home Country
  • Poor or Inconsistent Interview Answers
  • Lack of Strong Purpose for Travel
  • Suspicion of Immigration Intent
  • Past Visa History or Red Flags

We have been able to overcome many 214(b) refusals. Here are some recent examples of our successful cases:

1. Student Visa (F1) – China

A student from China was denied an F1 visa because the consular officer was convinced she would not return home. She sought our help and we helped her gather strong evidence and prepared her for the visa interview and her F1 visa was approved.

2. B1/B2 Tourist Visa – India

An Indian national applied for a B1/B2 visa three times on his own which were all denied due to inconsistencies in his previous visa applications. After carefully reviewing all his previous visa applications, we were able to explain and clarify these inconsistencies and get visa visa approved

3. J1 Exchange Visitor – Norway

A research scholar whose J1 visa was denied due to “unclear program objectives” and weak home country ties asked us to step in and help with his visa application. We worked with his program sponsor to better describe the program objectives, clarified the issues with the Embassy, and provided strong supporting documents to support his second J1 visa and his J1 visa was approved.

4. Business Visa (B1) – Philippines

A corporate manager applied for a B1 visa to attend a US conference but was denied due to his vague answers and weak documentation. We were able to craft a convincing case and did mock interview to prepare him for the actual visa interview. He was well prepared with all of the documents and clear answers of his purpose and his business. As we expected, his B1 visa was approved.

5. Older Parent Visiting US Children – Pakistan

An elderly mother of a US green card holder was denied due to concerns she might overstay. Due to a miscommunication at the visa interview, the Consular officer believed that she was going to stay more than 6 months. We worked with the Embassy and the client to clear the doubts the Embassy had. We were able to convince the Embassy that the client will not overstay. The Embassy agreed with us and issued the visa. The client only stayed for three months and returned home on time.

Have You Been Denied a US Visa? Contact Us Today

If you have been denied a US visa, you still have options. Time is critical and acting quickly can improve your chances of success. Contact my office immediately at 305-515-0613 or info@messersmithlaw.com for a consultation. We have extensive experience helping individuals fight visa denials and regain their ability to enter the US.

H1B Visa Revoked by USCIS. What Are My Options?

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If your H1B visa has been revoked by USCIS, it’s crucial to understand the implications and the steps you can take to address the situation.

Reasons for H1B Visa Revocation

USCIS may revoke an H1B petition for various reasons, including:​

  • Violation of Visa Terms: Engaging in work outside the scope of your approved petition, such as working in a different role or location, can lead to revocation. ​
  • Employment Termination: If your employment ends, your employer is required to notify USCIS, leading to the withdrawal of the petition. ​
  • Employer Non-Compliance: If your employer fails to meet obligations like paying the required wage or maintaining proper working conditions, USCIS may revoke the petition.
  • Fraud or Misrepresentation: Providing false information or failing to disclose material facts in your petition can result in revocation. ​
  • Criminal Issues: Speeding tickets, shoplifting, DUI, DWI, misdemeanor can all result in H1B visa revocation.

Immediate Consequences

Upon revocation:​

  • Loss of H1B Status: Your legal status tied to the H1B ends immediately.​
  • 60-Day Grace Period: You have up to 60 days or until your I-94 expires (whichever is shorter) to take action, such as finding a new employer to sponsor you, changing your visa status, or preparing to leave the US. ​
  • Impact on Dependents: Dependents on H4 visas may also lose their status if you don’t maintain lawful status.

Steps to Take After Revocation

  1. Seek New Employment: If you find a new employer willing to sponsor you, they must file a new H1B petition. If filed within the grace period, you can begin working as soon as USCIS receives the petition. ​
  2. Change Visa Status: Consider switching to another nonimmigrant status, such as F1, H4 or B1/B2.

Have Your H1B Visa Been Revoked? Contact Us Today

If your H1B visa has been revoked, don’t panic. Time is critical and acting quickly can improve your chances of success. Contact my office immediately at 305-515-0613 or info@messersmithlaw.com for a consultation. We have extensive experience helping individuals fight H1B revocations and regain their legal status the US.

Notice to Alien Ordered Removed/Departure Verification

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What Is a Notice to Alien Ordered Removed/Departure Verification?

A Notice to Alien Ordered Removed/Departure Verification (Form I-296) is issued by US Immigration and Customs Enforcement (ICE) or US Customs and Border Protection (CBP) when a foreign national has been ordered removed from the United States. This document serves as official proof that a removal order has been executed, meaning the individual has been physically removed from the US or has departed voluntarily under an order of removal.

Receiving this notice can have serious immigration consequences, including:

  • Bars on Re-entry: Most removal orders carry a five, ten, or even a permanent bar on returning to the U.S.
  • Future Visa Denials: A removal record can make obtaining a visa or green card extremely difficult.
  • Complications for Waivers and Appeals: If not handled properly, the removal can impact future waiver applications and motions to reopen.

Why You Need an Immigration Attorney

If you have received a Notice to Alien Ordered Removed/Departure Verification (Form I-296) or were deported from the US, you may still have legal options. Depending on your situation, you may be able to:

  • Challenge an expedited removal order
  • Apply for a waiver to return to the U.S.

The key is acting quickly as delays can make it harder to fix your immigration status.

Call my office now at 305-515-0613 or email info@messersmithlaw.com for a consultation. We have successfully helped clients fight removal orders, obtain waivers, and regain entry to the US Let us help you navigate your immigration options today.

Overcoming INA 212(a)(9)(B): Waivers and Challenging Unlawful Presence Bars

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INA 212(a)(9)(B) imposes significant penalties on individuals who accrue unlawful presence in the United States and later seek admission. This provision establishes three and ten year bars for those who have been unlawfully present for more than 180 days or one year, respectively. While these bars can disrupt immigration plans, it is often possible to overcome them through waivers or by challenging the determination of unlawful presence.

For individuals facing a three or ten year bar under INA 212(a)(9)(B), waivers are available in certain circumstances. The most common waiver is for applicants who can demonstrate that their absence would cause extreme hardship to a qualifying relative, such as a US citizen or lawful permanent resident spouse or parent. Evidence of hardship may include financial, medical, or emotional challenges that the qualifying relative would face due to the separation. Waiver applications must be supported by compelling documentation and require careful legal preparation to succeed.

It may also be possible to challenge the determination of unlawful presence or the application of the bar itself. For example, not all time spent in the US without status counts as unlawful presence under the law. Certain periods may be exempt, such as time spent as a minor or while a timely application for adjustment of status was pending. Additionally, errors in calculating unlawful presence or misinterpreting the applicant’s immigration history may provide grounds for challenging the determination.

Navigating the complexities of INA 212(a)(9)(B) requires a thorough understanding of the law and a strategic approach to presenting your case. Whether you are seeking a waiver or disputing the determination of unlawful presence, experienced legal guidance can make all the difference. Contact my office today to discuss your case and explore your options for overcoming this ground of inadmissibility. Together, we can work toward securing your immigration goals.

If you or someone you know is affected by this provision, contact my office today. You can reach us at 305-515-0613 or info@messersmithlaw.com. We are here to assist you.

Visa Revoked Due to DUI – What Should I Do Now?

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If you’ve been notified that your visa was revoked because of a DUI arrest or conviction, you’re probably feeling overwhelmed and unsure about your immigration future. Whether you hold a B1/B2, F1, H1B, L1, J1, or other nonimmigrant visa, a DUI can trigger automatic visa revocation, often without a hearing or warning. The first thing to know is this: visa revocation does not always mean you are out of status, especially if you’re still in the US You may still have legal options to remain in valid status, reapply for a visa, or respond to consular requirements but time is critical.

Over the past several months, the US government has taken a much stricter approach to DUIs involving visa holders, especially after implementing the prudential visa revocation policy. Under this policy, the Department of State often revokes visas automatically upon notification of an arrest, regardless of the outcome of the case. That means even if you weren’t convicted, or if the charges were reduced, your visa could still be canceled. Many clients don’t find out until they try to reenter the US or receive an email from the consulate. In most cases, they are later required to submit court documents, undergo a medical exam, and apply for a new visa.

This has become more common with increased data sharing between law enforcement and immigration authorities, and particularly with certain US embassies applying extra scrutiny to DUI related cases. Students, professionals, and visitors have all been affected. Unfortunately, a single mistake, even a first offense, can now create serious immigration consequences. But we’ve helped many clients in this exact situation navigate the process, respond to consular demands, and secure new visas. The key is to handle it the right way, from the start.

If your visa has been revoked due to a DUI, don’t wait until your next trip or interview to find out what’s required. Call my office at (305) 515-0613 or email info@messersmithlaw.com to discuss your case. We can help you understand your options, collect the right documents, and protect your ability to live, study, or work in the US Let us guide you through this and get your status back on track.

Section 212(a)(7)(A)(i)(I) & 212(a)(7)(A)(i)(II) Successful Cases

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Section 212(a)(7)(A)(i)(I) & 212(a)(7)(A)(i)(II) of the Immigration and Nationality Act (INA) renders an immigrant inadmissible if, at the time of application for admission, they lack a valid, unexpired immigrant visa or other required entry documents.

This provision applies exclusively to intending immigrants. Nonimmigrants are subject to different documentation requirements under INA 212(a)(7)(B).

Under INA 212(k), the Department of Homeland Security (DHS) may, at its discretion, waive this ineligibility for an immigrant visa applicant who was unaware of their ineligibility and could not have reasonably detected it. Such waivers are typically granted in cases where the applicant had no prior knowledge of the documentation deficiency and had no means to ascertain it. ​

Successful Cases:

Case 1:

A client attempting to enter the United States to visit her boyfriend was denied entry by Customs and Border Protection (CBP), citing INA 212(a)(7)(A)(i)(I). Her B-2 tourist visa was subsequently revoked.  She reapplied for a B2 visa and was refused under INA 214(b). After consulting with us, we successfully assisted her in obtaining a new B-2 visa, enabling her to visit her boyfriend.

Case 2:

A client from the United Kingdom sought entry into the U.S. under the Visa Waiver Program but was denied by CBP, citing INA 212(a)(7)(A)(i)(I) and INA 212(a)(2)(D)(i), resulting in a five-year entry ban. CBP suspected her of engaging in prostitution without substantial evidence. We intervened by presenting a robust legal argument that clarified the misunderstanding. Consequently, CBP rescinded the charges, and she regained her eligibility to enter the United States.​

Case 3:

An H-1B visa holder was refused entry under INA 212(a)(7)(A)(i)(II) and INA 212(a)(6)(C)(i). The employer had changed the end client without informing him prior to his travel to the U.S., leading CBP to suspect fraud due to the end client change. We provided compelling evidence demonstrating the client’s lack of intent to deceive. This clarification led to a favorable resolution of his case.​

Need Help Removing 212(a)(7)(A)(i)(I) & 212(a)(7)(A)(i)(II) Charges? Contact Us Today

If you have been refused entry due to 212(a)(7)(A)(i)(I) or 212(a)(7)(A)(i)(II), you still have options. Whether you qualify for a legal challenge, a waiver, or a new visa we can help you overcome this problem and regain your immigration status. Call my office at (305) 515-0613 or email info@messersmithlaw.com to discuss your case. We can help you understand your options, collect the right documents, and protect your ability to live, study, or work in the US Let us guide you through this and get your status back on track.

Visa Revoked for Speeding – What Should I Do?

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If your B1/B2, F1, H1B, L1, O1, E2, J1, or J2 visa was revoked because of a speeding incident, you’re not the first and you’re definitely not alone. We’ve seen an increasing number of international visa holders and students have their visas canceled over traffic related issues, especially in cases involving:

  • Reckless driving (such as going 30 mph or more over the limit)
  • Driving without a license or insurance
  • Alcohol or drug-related citations
  • An arrest, even if it didn’t lead to a conviction

Was It Just a Ticket or Were You Arrested?

If it was just a speeding ticket and you were not arrested, there’s a good chance that you’re still in valid status inside the US even if your visa has been revoked. Many people mistakenly believe that visa revocation cancels their stay, but that’s not always true if you’re already in the U.S. and continuing to follow the rules of your visa category.

If you were arrested, even for a misdemeanor, that’s a different story. Under the prudential revocation policy, the US Department of State often revokes visas as a precaution even if charges are dropped. In these cases, the consulate may request court records, a police report, or even a medical exam, especially if alcohol or drugs were involved.

What Are My Options Now?

If you’re still in the US, a visa revocation doesn’t necessarily mean you have to leave. We’ve helped clients in your situation remain in legal status and fix the issue without departing the country. It’s important to review your I-94 and make sure your stay is still authorized. If it is, we may be able to prepare you for a strong visa reapplication when you’re ready to travel again.

If you’re outside the US, a revoked visa means you’ll need to reapply before coming back. If there was an arrest, the consulate will likely require supporting documents, such as disposition records from the court, and may schedule you for a panel physician exam if drugs or alcohol were involved. We’ve helped clients prepare these packages carefully and successfully obtain new visas, even after revocation.

Don’t Let a Speeding Violation Derail Your Plans

A single mistake shouldn’t end your future in the US but the key is acting early and strategically. We’ve helped clients with visa revocations related to speeding and minor driving incidents get back on track, both from inside the US and abroad.

Call our office today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll walk you through what to expect, what documents you may need, and how to position your case for a smooth recovery.

F1 Visa Revoked – What Should I Do Now?

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If you’ve just found out that your F1 visa has been revoked, you’re probably feeling shocked and unsure of what to do next. Whether it happened while you were traveling or you received a sudden email from the government or your school, visa revocation can disrupt your entire academic future. The good news is that in many cases, there’s a path forward but you need to act fast.

Why Was My F1 Visa Revoked?

F1 visas can be revoked for several reasons, and often without much explanation. Common causes include:

  • Working without proper authorization;
  • Dropping below a full course load without prior approval;
  • Facing criminal charges or even just being under investigation;
  • Overstaying your authorized period; and
  • Administrative changes or unexplained policy shifts.

In some cases, it’s triggered by a mistake, a misunderstanding, or something that happened months or even years earlier. Unfortunately, students aren’t always told clearly what the reason was. Sometimes the revocation notice is vague or based on old records that are no longer accurate.

What Are My Options?

If you are currently inside the US, having your visa revoked does not necessarily mean you are out of status. The visa is only for entry. It’s not the same as your I-20 or SEVIS status. You may still be in valid F1 status and eligible to stay. In the past, we’ve helped clients resolve the issue and remain in the US without leaving.

If you are outside the US, a revoked visa means you won’t be allowed to re-enter until you apply for a new one. In many cases, we’ve helped students rebuild their visa eligibility, address the revocation reason directly, and successfully apply for a new F1 visa. Every situation is different, but these cases can often be fixed.

Take Action Now

We’ve seen an increase in F1 visa revocations. Lately it happens quite quickly and without warning, and in many cases they are completely unjustified. If you’ve been affected, it’s important to get experienced legal help right away.

Call my office today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll go over your case, explain your options, and help you protect your immigration status so you can stay focused on your education and your future.

My SEVIS Is Terminated

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What Should I Do Now?

Over the past month, we’ve seen a dramatic uptick in calls and emails from panicked international students who’ve been blindsided by a message from their school or the US government: “Your SEVIS record has been terminated,” or “Your F-1 visa has been revoked.” Often, there’s no warning. No hearing. No chance to respond. And in many cases, no explanation. If this has happened to you—or to someone you know—you are not alone, and there are still options to overcome this.

What’s Causing These SEVIS Terminations?

The sharp rise in SEVIS terminations and visa revocations didn’t happen overnight. Much of it began during the Trump administration, where immigration policy shifted toward aggressive enforcement. But the trend has continued, with increased scrutiny of foreign students and fewer procedural protections than ever before. We’re seeing terminations based on things as minor as traffic violations, allegations of unauthorized employment, and even social media activity. In some instances, students are being accused of violating status even when they’ve followed the rules.

Universities across the country—large and small—have been caught off guard. We’re working with students from both State schools and Ivy League institutions alike who were told their SEVIS records were terminated without the school having any prior knowledge. Often, it’s only after a student is detained or denied reentry that the issue comes to light. The lack of transparency and due process is deeply concerning.

Does SEVIS Termination Mean You Have to Leave the US?

Not necessarily. Many students are told to leave the country “immediately,” but that’s not always legally accurate. SEVIS termination does not automatically result in a removal order. In some cases, we can file a reinstatement, or challenge the termination entirely, especially when it’s based on vague or incorrect grounds. We’re working with clients today to help them remain in the US, stay in school, and eventually restore their status. The key is to act quickly.

What Are Your Options?

Depending on your specific case, you may have more options than you think.  We may be able to rectify the situation quickly so you do not need to depart.  We may be able to reinstate your visa or pursue other legal options.  

Don’t Wait—Protect Your Future Now

As an immigration attorney who has worked extensively with F-1 students, I know how frightening and disorienting these situations can be. But I also know that with fast, focused legal help, many students are able to stay and continue their education. The key is acting before your options close.

If you’ve received a SEVIS termination or visa revocation notice, do not assume your case is over. Let’s talk about what happened, evaluate your legal position, and plan your next steps. You can contact my office directly at info@messersmithlaw.com or call (305) 515-0613 to schedule a consultation. I’m here to help you stay on track and in status.