I have been Deported US airport, is there anything that i can do now?

HI,

 I got H1b visa stamped on Nov19th 2015, travelled to US on March20th, landed in chicago port of entry. There the customs and immigration people verified some details and they have deported from chicago airport. They cancelled my visa and mentioned a clause that i can't enter US for the next 5 years.

     Is there anything that i can do now? My petition(case number) is still active, can i take one more employer and get stamping done?

Regards,

Kiran

Can you elaborate a little more on what your case was? Why were you deported? Getting another H1b is impossible but you could get a short permission for visiting etc. You should clearly write the cause of deportation and if there was a deliberate fraud or your or your employers part.

they found that i have paid for my H1b petition and i dont have job in hand, and also i am trying file h1b for my wife this year by paying the money. This is the alligation they made, there was clause in the depotee form saying if i want to enter in to US within the duration mention, i should take permission from homeland security(From 212 A).

how did they get to know that you had paid for the visa unless you told them?

So if I get it right.
a) You had no client letters. Even then it could very well be an internal job, how could they be sure you did not have a job?

b) Was Chicago your ultimate destination or you stop point and you were traveling to some other place. Its best to only go the POE where your employer is.

c) How did they find out you paid for yours and your wife’s VISA, this makes it bad for you as the fraud part is more on your side then your employer. This does not look good for you, you could try some other country now I think.

I hope this is a reminder to future aspirants to not engage in shady practice. H1b is a very long and tiresome process. Most likely you would have got an RFE as well before. I sympathies with you as you have lost over a year and money pursuing this.

yes i have spent one year on this got the visa and planned so much, left the high paid job in hand, vacated the house, sold out all household items and went to US to fulfill my dreams and aspirations. But it was so unfortunate that they have deported me and cancelled my visa. Actually i didn’t pay for my wife visa, i paid for my visa, they got that info, by opening my smart phone. I have client letter aswell, but they saw one of my personal email wrote to one of the relative and came to conclusion that i dont have a job in hand and came for job search, they threatened to accept the same. I did, now i dont have job in India aswell, my total career and dreams are shattered, i am clueless what to do now.

Sorry to hear that. I can only say that job market in India is quite good so you can easily find another job. You will need a good explanation on why you left earlier job though. While at it, you could try joining a service company that sends people overseas, just make sure you tell them that you are NOT INTERSTED in USA though. Just look for Eurpoe, Singapore etc. Cheer up, life is long this is just one speed breaker.

Talk to an immigration attorney about this. I read similar case where the person was tricked into opening the phone and officer took it over to scroll through the emails. I am not sure if it it legal or not. It is definitely not legal in a normal scenario in US, but I am not sure at PoE as you haven’t been permitted yet into US.

Can i reapply for H1b visa again or do i need to strictly wait for 5 years before applying?

Be realistic. You cannot land in usa for 5 years. Visa officer will mostly deny your petition after 5 years as well unless the petition is filed by Google etc. Please try Europe etc.

POE are considered out of constitution areas as the person has not yet entered the country. Officers can very well adopt any tricks and it cannot be challenged.

Horrified to hear that.
How come they have taken your smart phone from you.
how long this situation taken at port of entry ?
Can you please figure out any new petition filed by your employer in this season, so we would know that they have taken any action against your employer ?
body shopping is not illegal if employer can keep you on payroll for what so every location then your h1b status is valid.
paying for visa fee is illegal that’'s for sure.

what do you mean by “They cancelled my visa and mentioned a clause that i can’t enter US for the next 5 years.” they stamped in anything on your visa ?

yes, they have put a cancelled mark on my visa and they gave me sworn statement, where in it is mentioned that for next 5 years i should not enter US. I really dont know paying money for H1b will cause me this much trouble. However, is there any way that i can make use of my H1b petition, which is still active?