Immigration Lawyer Peter Messersmith

Peter Messersmith is an attorney located in Orlando, Florida. He has been practicing immigration law since 2002 and has represented thousands of immigrants and US businesses with their immigration needs.

Visa Cancelled Under 22 CFR 41.122(h)(3), INA 212(a)(7)(A)(i)(I), INA 212(a)(6)(C)(i) and Expedited Removal – What should I do now?

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If your tourist visa is cancelled at the airport and you’re subjected to expedited removal, especially under multiple inadmissibility grounds, you may think there’s no way back. But in many cases, even serious ones involving misrepresentation or entry denial under INA 212(a), there is a path forward. With timely legal help, it’s possible to reverse these findings, correct the record, and restore your visa eligibility.

Common Reasons CBP Cancels a Visa at the Airport

Our client, a well-established business executive, held a valid B1/B2 visa and arrived in the US for an important business meeting. During inspection, CBP officers cancelled his visa on the spot under 22 CFR 41.122(h)(3) and INA 212(a)(7)(A)(i)(I) (entry without proper documentation) and INA 212(a)(6)(C)(i) (willful misrepresentation).

The issue? His past enrollment at Herguan University, an institution later flagged for visa fraud.

The client had never overstayed, never violated immigration laws, and had no criminal history. He had enrolled in Herguan University in good faith before it was exposed as problematic. Yet, based solely on this past affiliation, CBP treated him as inadmissible, cancelled his visa, and moved to expedite his removal.

How We Got the Case Reopened and Cleared

The client contacted our office immediately after the incident. We worked quickly to compile evidence showing that he had been unaware of the university’s fraudulent activities and had acted in good faith at the time of enrollment. We emphasized that he was a victim of the school’s misconduct, not a participant in any wrongdoing.

Our firm coordinated directly with CBP officials to challenge the basis of the expedited removal and the visa cancellation. Through targeted legal arguments and swift intervention, we successfully persuaded CBP to reopen the case and reverse the inadmissibility determination. The client was granted entry and attended his business meeting in the US without further delay.

Facing Expedited Removal or Misrepresentation Allegations? Call Us Now

If CBP has cancelled your visa under 22 CFR 41.122(h)(3), INA 212(a)(7)(A)(i)(I), INA 212(a)(6)(C)(i) or if you’ve been given an expedited removal order, you may still have legal options. These situations require fast and experienced action, and we know how to respond.

Call our office at (305) 515-0613 or email info@messersmithlaw.com to discuss your case. We’ll help you evaluate your options, challenge any wrongful findings, and fight to protect your ability to lawfully enter the United States.

I-94 Correction: How an I-94 Error Can Cause Overstay and How We Fixed It

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An error on your I-94 card may seem like a small mistake, but it can have serious immigration consequences. Many people don’t realize that an incorrect I-94 can cause an overstay, trigger unlawful presence bars under INA 212(a)(9)(B), or even lead to a finding of misrepresentation under INA 212(a)(6)(C)(i).

We frequently receive inquiries like:

  • Overstay because of wrong I-94
  • I-94 stamped with wrong visa
  • I-94 record not matching passport
  • I-94 admission record error at land border
  • I-94 not available online after arrival
  • I-94 expiration date wrong
  • I-94 number incorrect
  • I-94 not found or not updated after travel

If you’re asking yourself questions such as:

  • Can I travel with incorrect I-94?
  • Will an I-94 error cause unlawful presence?
  • How do I fix an I-94 mistake?

You’re not alone. The good news is that most I-94 errors can be corrected with the right legal strategy.

Common I-94 Errors That Lead to Overstay

Some of the most frequent I-94 issues we’ve seen include:

  • Being stamped under the wrong visa category such as an L-2 spouse stamped as B1/B2 visitor
  • Incorrect expiration dates or shortened duration of stay
  • Admitted under ESTA (Visa Waiver Program) when a proper visa like J-1 or F-1 applies
  • Mismatched name, birthdate, or passport information
  • Record not showing up online after arrival

Even when travelers do everything right, Customs and Border Protection (CBP) errors can put their immigration status at risk.

Successful Case 1: L-2 Spouse Incorrectly Stamped as B1/B2 Visitor

One of our clients entered the U.S. as the spouse of an L-1 visa holder. She should have been admitted in L-2 status, which would allow her to live in the US and apply for work authorization. Instead, her I-94 was mistakenly issued under B1/B2 visitor status, which only permits short visits.

This error made it appear as though she had overstayed her visa after six months, even though she was fully eligible for L-2 status. Our legal team gathered documentation, worked directly with CBP, and successfully corrected her I-94 to reflect L-2 classification. Her record was cleared, and she remained in lawful status without leaving the US.

Successful Case 2: ESTA Entry Instead of J-1 Visa

Another client, a medical trainee, had a valid J-1 visa for his exchange program. At the airport, a CBP officer mistakenly admitted him under ESTA (Visa Waiver Program). ESTA is only valid for 90 days and does not allow extensions or changes of status.

Because of the mistake, his file showed that he had overstayed ESTA, even though he was fully compliant with his J-1 program. We filed a correction request, submitted a detailed legal brief, and coordinated with both CBP and his J1 sponsor. His I-94 was updated to show J-1 status, and the overstay flag was completely removed.

Don’t Let an I-94 Error Derail Your Immigration Journey

If you’ve discovered an I-94 error, whether it’s a wrong visa classification, expiration date, or entry record it’s critical to act quickly. Our firm has successfully resolved I-94 correction cases for clients in situations involving all different types of visas. We know how to navigate CBP, consulates, and USCIS to protect your immigration status.

Call us today at 305-515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll review your I-94 issue, explain your options, and take action to fix the error before it creates long term immigration problems.

H1B Visa Revoked Due to Multiple Filings

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If your H1B visa has been revoked because of multiple cap-subject filings, you’re likely feeling blindsided and unsure about your future in the US. USCIS has recently begun cracking down on H1B petitions that were filed by multiple employers on behalf of the same individual, especially where they believe the filings were coordinated or fraudulent. If your visa has already been revoked or you’re under investigation, you need to act fast to protect your status and career.

Why H1B Revocations for Multiple Filings Are Increasing

In recent years, especially following regulatory changes and data sharing among agencies, USCIS has focused heavily on rooting out fraud in the H1B lottery system. While multiple legitimate offers from different, unrelated employers are allowed, problems arise when USCIS suspects that the filings were orchestrated by related companies or were not for genuine job offers.

We’ve seen many clients who were unaware that their employers were affiliated or that similar petitions were submitted without disclosure. USCIS often issues NOIRs (Notices of Intent to Revoke) claiming that the filings were intended to unfairly increase the applicant’s chances in the lottery. In some cases, they revoke approved H1B petitions even after the applicant started working, leaving individuals suddenly out of status.

How We Help Clients Respond to H1B Revocation Issues

If you’re still in the US, your H1B status may be at risk but you may still have options. We assist clients by:

  • Reviewing the revocation notice or NOIR to understand the government’s specific concerns;
  • Gathering evidence to show that the job offer was legitimate and that you were not part of any scheme;
  • Preparing a legal response to USCIS challenging the revocation or helping you transition to another valid status; and
  • Exploring re-filing options, consular processing, or alternative visa categories if needed

If you’re outside the US, your H1B visa stamp may be canceled or you may be denied reentry. In these cases, we help you present evidence to the consulate, explain the legitimacy of your offer, and clear any fraud related flags on your immigration record.

Don’t Let a Filing Error End Your Career

Having your H1B revoked due to multiple filings is serious but it’s not always the end of the road. We’ve helped clients successfully challenge revocations, maintain legal status, and reapply through new employers. The key is to act quickly and strategically.

Call our office today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ll evaluate your situation, explain your options, and help you take the right steps to protect your future in the US.

Tourist Visa Revoked Under 221(i) for Past Arrest – What Should I Do Now?

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If your B1/B2 visa has been revoked under INA § 221(i), especially due to an old or dismissed arrest, you may feel unfairly penalized bu the reality is that even a non criminal or dismissed charge can trigger visa revocation under this section. A revoked visa doesn’t always mean your ability to enter the US is gone forever. We’ve helped many clients restore their travel eligibility with the right legal strategy.

Why This Is Happening More Often

Visa revocations under 221(i) are becoming more frequent as consular officers re-evaluate previously issued visas in light of new data sharing and background checks. Even if a person has not committed any immigration violations, prior contact with law enforcement, even without a conviction, can trigger cancellation. These decisions often happen without prior notice and can disrupt important travel plans.

How We Helped the Client Return to the U.S.

Our client, a respected medical researcher, held a valid B1/B2 tourist visa and was scheduled to deliver an important speech at a prestigious US conference. Just weeks before his planned travel, he was informed that his visa had been revoked under 221(i) with the cited reason being a dismissed domestic violence charge from several years earlier. He had never violated any immigration rules, and the charge had no conviction, but the State Department canceled the visa based solely on the existence of the past arrest.

After receiving notice of the revocation, the client reached out to our office. We immediately assembled a comprehensive legal and factual record showing that the dismissed arrest did not render him inadmissible and that he posed no immigration or security risk. We engaged directly with both the US Embassy and the Department of State, submitting the necessary documentation and legal argument to advocate for the reinstatement of his ability to travel.

As a result of our intervention, we were able to resolve the issue in time for him to enter the US and deliver his speech at the conference as scheduled.

If Your Visa Was Cancelled Over an Old Arrest, We Can Help

A visa revocation under 221(i) can feel like a permanent denial but it doesn’t have to be. With the right legal support, many of these decisions can be reversed or overcome through a new application or direct advocacy with the consulate.

Call our office at (305) 515-0613 or email info@messersmithlaw.com to discuss your case. We’ll help you understand what happened, evaluate your options, and fight to restore your ability to travel to the US without unnecessary delays or penalties.

Successful Cases After Visa Cancellation Due to 22 CFR § 41.122(h)(3)

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H-1B Visa Revoked at CBP for Alleged OPT Violation – What Should I Do Now?

If your H-1B visa was revoked by CBP under 22 CFR § 41.122(h)(3), especially at a pre-clearance location abroad, you may feel like your US career is over before it starts. This regulation allows CBP officers to cancel or revoke a visa on the spot if they believe you’re inadmissible, even if you’ve previously held valid status. Fortunately, these decisions can often be challenged and reversed, especially when based on inaccurate or misunderstood facts.

Why This Happens And Why You’re Not Alone

Our client, a highly skilled professional, was traveling through a US pre-clearance facility in Abu Dhabi when CBP officers revoked his newly approved H-1B visa, citing concerns over a past alleged violation of OPT regulations. CBP claimed he had engaged in unauthorized employment due to his time as an unpaid intern at a US tech company. Despite the internship being lawful and connected to his academic program, CBP treated the case as misrepresentation, triggering an immediate visa cancellation and threat of long term inadmissibility.

Cases like this are becoming more common as immigration authorities apply increased scrutiny to past student visa activity, particularly surrounding unpaid work, internships, and compliance with OPT requirements. Many visa holders are caught off guard, not realizing that a misunderstanding from years ago can derail their future immigration plans.

How We Helped Fix His Visa Revocation and Save His Career

After the visa was revoked, the client contacted our firm. We conducted a detailed legal and factual review of his prior OPT employment, collecting records that proved the internship was compliant, unpaid, and properly reported. We then prepared a legal brief challenging the misrepresentation finding.

Working directly with CBP and the embassy, we succeeded in getting CBP to reverse its initial finding. Once the record was corrected, we guided the client through the visa re-issuance process, and he successfully obtained his H-1B visa. He has since returned to the U.S. and resumed employment with the same company.

Visa Revoked at the Airport or Pre-Clearance? Let Us Help

If your visa has been canceled or revoked under 22 CFR § 41.122(h)(3), especially over OPT or F-1 history, you may still have legal options. With fast, strategic legal action, we can often correct the record and restore your visa eligibility.

Call our office today at (305) 515-0613 or email info@messersmithlaw.com to discuss your case. We’ve helped clients overcome CBP revocations and get back on track and we can help you do the same.

Refused Entry Under Section INA 212(a)(7)(A)(i)(I) and Expedited Removal Under Section 235(b)(1) or 240 of the Act – What Should I Do Now?

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If you were refused entry under INA § 212(a)(7)(A)(i)(I) and subjected to expedited removal under INA § 235(b)(1) or removal proceedings under INA § 240, it means you were denied entry into the United States due to missing or invalid documentation and most commonly, not having a valid visa or immigrant status.

While this situation can feel overwhelming, you’re not alone and you do have legal options. Here’s what this means and how we can help.

Why This Happens And Why You’re Not Alone

INA § 212(a)(7)(A)(i)(I) applies to individuals who attempt to enter the US as immigrants without valid entry documents or a proper visa. This often leads to:

  • Immediate denial of entry at the port of entry, and
  • Expedited removal without a hearing before an immigration judge.

Expedited removal under INA § 235(b)(1) is a fast track process used by US Customs and Border Protection (CBP) in cases where a traveler:

  • Attempts to enter the US without valid documents or with fraudulent paperwork, and
  • Does not express fear of persecution or a desire to seek asylum.

If you were processed under this section:

  • You likely received a Form I-860 (Notice and Order of Expedited Removal), and
  • You are now subject to a five year bar from reentering the United States (or longer if you’ve been removed before).

How We Can Help

1. If You Believe the Removal Was Issued in Error

We can help you seek to correct the record or reopen your case. If CBP acted improperly, or if you had valid status or documentation at the time, we may be able to challenge the removal. We’ve successfully helped clients in similar situations regain their eligibility and clear their immigration record.

2. If the Removal Was Properly Issued

Even if the removal was legally valid, you may still be eligible to reapply for admission by filing Form I-212 (Permission to Reapply for Admission After Deportation or Removal). We’ll help you build a strong case demonstrating family ties, hardship, and other favorable factors.

Let Us Help You Move Forward

If you were refused entry under INA § 212(a)(7)(A)(i)(I) and removed under INA § 235(b)(1) or § 240, the consequences are serious but not permanent. With prompt and strategic legal support, many people are able to restore their visa eligibility and return to the US.

Call us today at (305) 515-0613 or email info@messersmithlaw.com to schedule a consultation. We’ve helped clients overcome expedited removal orders and CBP revocations and we’re ready to help you do the same.

H1B Transfer Denied – Can I Stay in the US?

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Many people come to us after an H1B transfer denial. We’ve helped them re-file successfully, shift to a new employer, or even change status (such as to B2, F1, or dependent visas) while staying compliant. Every case is different, but time is critical. The sooner you act, the more options you preserve. If your H1B transfer was denied, you’re probably asking the most urgent question: Can I still stay in the United States? The answer depends on your current status, your previous approval, and how quickly you act. In this article, we break down what it means when an H1B transfer is denied, your legal options, and how to avoid unlawful presence or deportation risk.

What Happens If My H1B Transfer Is Denied?

When a H1B transfer (also called a change of employer petition) is denied by USCIS, it means that your prospective employer’s petition to hire you did not meet the eligibility criteria. Denials can occur due to:

  • Missing or weak employer-employee relationship documentation
  • Specialty occupation issues
  • Inconsistencies in the job role or salary
  • Employer’s financial or operational concerns
  • Gaps in lawful status

A denial does not necessarily cancel your prior H1B approval, but it may affect your right to stay in the US, especially if you already began working for the new employer under portability rules.

Can I Stay in the U.S. After an H1B Transfer Denial?

Whether you can stay depends on one key factor: Do you still have a valid H1B approval with a prior employer?

  1. If you were still working for your previous H1B employer at the time of denial:
    • You may remain in the US and continue working for that employer, as long as their petition remains valid.
  2. If you already left your previous employer and began working for the new one:
    • You must stop working immediately upon denial.
    • You may still be within the 60-day grace period, which allows you to stay in the US and seek another job or file a new petition.
  3. If your I-94 has expired and the denied petition included a request to extend your stay:
    • You may be considered out of status and may be required to leave the US.

What Should You Do Next?

If your H1B transfer was denied and you’re unsure about your status, call our office at 305-515-0613 or email info@messersmithlaw.com for a consultation. We’ll review your case and help you create a strategy to stay legal and move forward.

221(g) Administrative Processing – How Long Does It Really Take?

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If your visa application was delayed under 221(g) administrative processing, you’re probably wondering: how long is this going to take? You’re not alone. Every day, visa applicants across the world contact us and ask:

  • “How long does 221(g) take to process?”
  • “221(g) administrative processing 2024 timeline”
  • “Visa under 221(g), what does it mean?”
  • “221g processing time for H1B / L1 / B1/B2”
  • “Is there a way to speed up 221g administrative processing?”

What Is 221(g) Administrative Processing?

When a US consulate or embassy places your visa under 221(g), it means that your case has been temporarily refused pending additional review. This is not a final denial. It simply means that the officer needs more time, documents, or background checks before a decision can be made.

This happens for various reasons:

  • Missing documents or information
  • Security clearances or background checks
  • Verification of employment or education
  • Name matches or flagged records in government databases

You may receive a colored slip (blue, white, yellow, or pink) with instructions. Sometimes no action is needed on your part but in other cases, you’ll be asked to provide further documents.

How Long Does 221(g) Take in 2025?

There is no fixed timeline for administrative processing under 221(g). Here’s what applicants typically experience:

  • Some cases resolve within 7–30 days
  • Others may take 60 to 180 days or longer
  • Rare cases can remain pending for a year or more

On average, most 221(g) cases are resolved within 2–3 months, but this depends on your visa category, nationality, consulate, and reason for the delay.

Factors That Affect 221(g) Processing Time

Several factors can affect how long your case remains in 221(g) status:

  • Type of visa (H-1B, L-1, B1/B2, F-1, O-1, E-2)
  • Country of application and security clearance requirements
  • Whether the officer requested additional documents
  • Whether your case requires inter-agency background checks
  • Previous immigration history or visa refusals

For example, H-1B and L-1 cases often face delays for employer verification, while F-1 students may be flagged due to school concerns. Individuals in STEM fields or certain nationalities may be subject to extra scrutiny.

Can You Speed Up 221(g) Processing?

While you may not be able to eliminate 221(g) delays entirely, there are important steps you can take to reduce the waiting time and increase your chances of a favorable outcome. Every 221(g) case is unique, whether it’s a request for documents, a background check, or security clearance, and that means the strategy for addressing it must be tailored to the specific circumstances of your case. By understanding the cause of the delay, responding promptly and thoroughly, and engaging legal support when necessary, you can help move your application forward and avoid unnecessary setbacks.

We’ve Helped Clients Clear 221(g) Delays and Get Approved

At our firm, we’ve helped clients resolve 221(g) administrative processing delays since 2002. These include H-1B workers to students, entrepreneurs, and business visitors. Whether it’s clarifying a misunderstanding, gathering evidence, or communicating with consulates, we know how to move cases forward.

If your case is stuck in 221(g) or you’ve been waiting too long without updates, don’t wait in the dark. Contact us today at 305-515-0613 or email info@messersmithlaw.com. We’ll review your case, explain your options, and help you take control of your visa process.

E2 Visa Refusal – Business Not Operational at Time of Application

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If your E-2 visa was denied because the business was deemed not operational, you’re not alone and we’ve successfully helped many clients in this exact situation secure approvals. This is one of the most common issues many people encountered with E-2 applications and sought our legal assistance. Even if you’ve formed an LLC, opened a business bank account, or submitted a detailed business plan, your application can still be refused if the consular officer believes your business isn’t ready to function. A denial stating “E-2 visa business not active yet” typically means there wasn’t enough tangible evidence to show your business had moved beyond the planning stage. We’ve guided many applicants in transforming their documentation and reapplying successfully.

A question we frequently get is: “Can I apply for the E2 visa before the business starts?” Technically, yes but the key is being able to show that your investment is not speculative. You must demonstrate that the business is either operational or imminently ready to launch. That means your funds should be spent or contractually committed, your location secured, and equipment or services already in place. A mere intention to operate isn’t enough. The government needs evidence that your business would begin functioning immediately if you were granted entry.

So, how to prove your business is operational for the E2 visa? We help our clients prepare detailed legal submissions showing every aspect of business readiness. We emphasize financial commitment, physical presence, and operational structure tailored to your specific industry. Whether it’s a brick and mortar store or an online service-based business, we ensure your documentation meets the standard and shows that your investment is real, substantial, and the business is ready to generate income. The more concrete your proof, the stronger your case. Simply submitting a business plan or showing funds in a bank account is usually not sufficient to overcome a finding that the business is not operational.

If your E2 visa was refused because the business was not ready or active, we can help. Our team has helped many clients turn around initial refusals by identifying what was missing, restructuring the investment timeline, and preparing a stronger package with clear, practical evidence. Don’t assume a denial is the end. Many cases can be salvaged and approved with proper guidance.

Call our office today at 305-515-0613 or email info@messersmithlaw.com to discuss your E2 case. Whether you’re applying for the first time or trying again after a refusal, we’ll help you present a business that meets the E2 standards and moves you one step closer to entering the U.S. to launch or expand your business.

E2 Visa Refusal – Control of Business Not Established

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One of the most overlooked, but critical, requirements for an E-2 visa is demonstrating that you have control over the business. We’ve helped many clients secure approvals after their E-2 applications were denied for this reason and sought our help, even though they had invested significant funds and were actively managing daily operations. By addressing the control issue clearly and strategically, we were able to guide them toward successful approvals. If you’re applying for an E-2 visa, understanding how to prove business control is essential to avoiding a costly and preventable refusal.

Under E2 rules, you generally must own at least 50% of the business or demonstrate operational control through a leadership position or contract. Many applicants ask, “Do I need 50% ownership for the E2 visa?” and the answer is yes unless you can clearly show that you control the management and direction of the enterprise. This is where the line between E2 visa ownership percentage rules and control gets tricky. A 50/50 split with another investor may be acceptable, but only if you can prove shared or decisive authority. If consular officers determine that a co-owner has control or that you are just a passive investor, the visa can be refused.

We’ve helped clients overcome E2 visa denials based on joint ownership, especially in 50/50 ownership scenarios. Officers often worry that neither partner has control, and that decisions require mutual agreement. To solve this, we work with clients to revise operating agreements, outline tie breaking clauses, and document leadership roles to establish that E2 control vs ownership is satisfied. Even minority shareholders can qualify for E2 if they have contractual or practical control over business decisions but this must be clearly explained in the visa application.

If your E2 visa was refused because of control issues or ownership structure, we can help you fix it. Contact us at 305-515-0613 or email info@messersmithlaw.com. We’ve helped investors from around the world clarify control and ownership structures, prepare strong applications, and win approvals. Don’t let a technicality stop your U.S. business plans. Get the legal support you need to move forward.