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Leena R. Kamat
Leena R. Kamat, Lawyer
Category: Immigration Law
Satisfied Customers: 384
Experience:  Juris Doctor, UC Davis School of Law; BS & BA, UC Berkeley. Working in immigration law since 2005.
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I had the b1/b2 visa but it was cancelled 3 months ago. Before

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I had the b1/b2 visa but it was cancelled 3 months ago. Before that, I have traveled as a tourist to the USA for several times. Besides, I do have a son who was born in the USA and who is 2 years old. I would like to have a visa that allow me travel to the USA again. When can I apply again to a B1/B2 visa? Could a lawyer help me to get USA permanent residence or visitor visa based on the fact that I do have a son born in the USA?

As far as obtaining a visa through your son, that will not be possible until he turns 21. In the meantime, you would need some other basis of entering the country. If you want to come just for a visit, you can try reapplying for a B-2 visa after a while, since it has been cancelled without prejudice -- but you will need to gather evidence to signify strong ties to your home country. Evidence of property ownership, bank statements, a job, family commitments, etc. would all help. See this link for more information.

If you wish to study or work in the US, you could also look into an F-1 or H-1B visa. The F-1, like the B-1/B-2, requires nonimmigrant intent, but the H-1B allows dual intent.

Please let me know if you have any other questions; otherwise, please click ACCEPT.

Customer: replied 8 years ago.
My visa was cancelled on May 2008. When could I apply to get a B1/B2 visa again? Some people told me that it could be within 6 months. Others say it could be within 2 years. Do you have any reference on when could I apply again?
There is no set waiting period to reapply; the consular officer will just ask you to prove evidence that circumstances have changed since the denial, so that is why people sometimes wait 6+ months. In your case, your son's birth seems to be a reason, and obviously that circumstance has not changed, but you should bring as much evidence as you can to indicate strong ties to your country, and no intent to abandon your residence.
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