Hi there, i was refused entry to the USA on the 19th april this year at Newark. i was refused under 212 ( a) (7) (A) ( i ) (I ) and in accordance with section 217( thats what it says in my passport )I am a uk citizen with a full british passport and im also a musician, so im worried about this situation, i want to be able to come to the usa for holidays and to be able to work- whats the best course of action to deal with this? its had me worried ever since it happened. i just want it resolved any way possible. any advice is appreciated. my email XXXXX@XXXXXX.XXXthanks,Colin
State/Country relating to question: United Kingdom
hi, i was refused entry to the usa on 19th april of this year. under 212 ( a ) ( 7 ) ( A ) ( i ) ( I ) refused in accordance with section 217???
and i was wondering what i have to do to come back- im a musician so coming to the usa is quite important, and im worried and want to fix this situation. i can give you more details thankyou
Hello. So they said that you did not have the proper visa to enter the U.S.?
Do you have any crimes or arrests in your background?
Were you just trying to use your passport to enter since you are a citizen of the UK?
Hi There Sir, thanks for your reply.I will explain.I have no arrests or crimes against my name whatsoever anywhere in the world.I arrived at Newark knowing that i was without the right Work Visa as i was about to embark on a 15-20 date tour with an american band( as their guitarist) but i told them i was going to stay in the country for about a month just to soak it up ( which is true, i was excited to see new york) then they took me into another room and read my phone, and then i explained everything to them, that i came over to play a tour knowingly without the right work visa( stupid i know, but i really meant no harm) and i had to give this long statement and answer lots of questions of which i was honest and as helpful as i could be. they told me i wasnt banned i was just denied entry and i needed to get the right visas to come back nextime. i have a copy of the interview we done and all the case numbers and all that stuff.im scared that i will never be able to come back for a holiday/ and scared that they will not give me the right work visa. Being a musician coming to America is paramount to my career. I will do anything to resolve this, its upsetting because its the one place in the world that id really love to spend a lot of time.any help is appreciated.Colin Halliwell
Unfortunately, it doesn't matter that you did not mean any harm. The whole idea of the work visas is for a person to go through the right process and not take away a job from a U.S. worker. That's why they have that process. There are struggling artists here as well. So as long as they did not "excude" you, then you should be ok. If they excluded you, then you have a 5 year bar to coming back.
You won't be able to get an ESTA visa again, but you can apply for a B-2 visa to visit and you can also apply for a P visa. Here is an official link:
If you did not receive an exclusion, you should not have a problem in getting the P visa because of your previous denial. Please let me know if you have any additional questions. I would be happy to answer them for you without additional charge. If there is a delay in getting back to you it is either because I am answering other questions or I had to log off, but I will be back with you as soon as possible. It is VERY important that if you are not satisfied, please ask additional questions. My goal is to provide you with top-notch service. And please don't forget to rate me, but please rate me on my service to you, not the state of the law because I have no control over that. Also, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
hi thereThanks again for the reply.They never said to me i was 'excluded' im sure its something they would have made crystal clear to me, i mean it doesnt say on any paperwork that i am excluded, and that stamp in my passport goes: refused in accordance with INA section 217 R10030?? i think it says that.the stamps fairly fuzzy. and obviously the bit 212 a7AiI then its like A#205016949what kind of cost is the visitor visa and work visa respectively? and is the work visa the P visa? where can i go to get this? US Embassy?I remember at the interview the guy was like, if you have any convictions, your screwed basically. But, lucky for me i dont have any. also, with the P visa, do i need to get the band that im playing in to apply for that for me or can i do it directly?i have my own band ( going well ) in England and i play with the american band round other parts of the world but if my own band wants to come to the USA do i have to get a completely seperate P visa?also, duration of these visas, are they long, short etc?thanks for your patience, ive been so confused reading the internet.
It should tell you the costs if you read through the link that I send you on the P visa. Yes, that is the work visa. The B-2 is found here:
It should be $325 for the I-129 which is in regards XXXXX XXXXX P visa, +$190 for the visa itself. It's $160 for the B-2 visa.
You would apply through the method at the link above for the B-2, or like this for the P:
And I believe you would need to have a U.S. contract to get the P visa.
It is generally issued for 1 year. So you would have a 1 year stay.
And as far as your chances, if you meet the requirements and you can prove that you will go home when you are done, then you should be ok.
Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. Thank you.
10+ years of experience in various aspects of U.S. Immigration Law.
Hi, thanks for your help on my visa issue. Going to try and get my visitors visa soon. Best Johnny
You are very welcome. Good luck to you!
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