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Business Standard
24-06-2025
- Business
- Business Standard
Indians on H-1B visas denied US entry: Why visas get cancelled, what next
Three Indian nationals holding valid H-1B visas were recently denied entry to the United States at the Abu Dhabi International Airport and had their visas cancelled on the spot by US authorities. The incident took place at the US Customs and Border Protection (CBP) preclearance facility, where immigration checks are completed before travellers board US-bound flights. According to one of the affected workers, all three had spent over two months in India—exceeding what immigration officers considered an acceptable absence. 'We had a particularly tough situation in US immigration in Abu Dhabi. Authorities revoked H-1B visa and denied port entry for three candidates, including me, for staying in India for more than two months,' said one of the workers in a social media post. Despite presenting letters from their US employers and emergency documentation justifying the delays, CBP officials refused them entry, citing regulation 41.122(h)(3), and asked them to return to India. Why the H-1B visa was cancelled The H-1B visa allows US companies to temporarily employ foreign professionals in fields such as IT, engineering, medicine, and business. The visa is tied to a sponsoring employer who must file a petition with US Citizenship and Immigration Services (USCIS), supported by a Labour Condition Application. While the visa itself may remain valid, US immigration officers are allowed to assess whether the individual still holds the job for which the visa was issued—particularly after a long absence. 'An H-1B visa holder is allowed to enter the United States up to 10 days before the employment start date mentioned in the approved Form I-797 petition. There is no formal deadline for using the visa once it has been issued, as long as the visa stamp and petition are valid. However, staying outside the US for many months can trigger questions at the port of entry,' Ajay Khatalawala, managing partner at Little & Co told Business Standard. 'Prolonged periods without entry can raise concerns about job continuity, especially if the sponsoring employer has not provided recent pay stubs or updated letters,' he added. Advocate Palak Gupta, associate at Jotwani Associates, said such delays often become a red flag during inspections. 'Any delay as made by an individual who is seeking employment in US under H-1B visa becomes questionable. The said delay has to be reasonably justified as it creates doubt among customs authorities with respect to: > Validity of visa > Whether the individual has actually secured employment > And if so, whether the said employment is sustaining.' How preclearance facilities work Abu Dhabi International Airport is one of several overseas airports where the US conducts full immigration checks before boarding. Others include Toronto and Vancouver. 'At these facilities, CBP officers have the same authority as those at US airports and may carry out more detailed questioning, especially when the traveller is entering on a work visa like the H-1B after a prolonged absence,' said Khatalawala. He noted that travellers should carry documentation that confirms their job offer is still valid and no material changes have occurred in employment terms. What H-1B holders should do if denied entry 'Common causes include concerns about the continued validity of the job offer, lack of recent employment documentation, or changes to the terms of the approved petition,' said Khatalawala. He advised affected workers to: Contact their sponsoring employer Obtain an updated employment verification letter Carry recent pay slips or a client letter (if working at a third-party site) If the visa is revoked, individuals may refile their H-1B petition under section 101(a)(15)(H)(i)(b) of the INA Act, using Form I-129. 'However, refiling is permitted only if it is for the same job for which the delay occurred. Otherwise, the petition must be filed under the relevant provision of section 214 of 8 CFR,' said Gupta. 'The most effective course of action is to resolve the underlying issues completely before attempting to return to the US,' added Khatalawala. Changing tone in US immigration checks Mohammad Reja, advocate at Guwahati High Court, believes H-1B holders must be more cautious in the current environment. 'In the last few days, we have all noticed that after the Trump government came into power, they have come up with a new approach towards the future of immigrants and non-immigrants working in the US. Every perk comes with a cost, and here the cost is that they may be denied further stay,' said Reja. 'We respect our law and sovereignty, and as such, being a reasonable mind, we should be brave enough to accept the law and sovereignty of the US too,' he added.
Yahoo
03-05-2025
- Politics
- Yahoo
Houston father and son celebrate birthday amid mother's ICE detention
The Brief A Houston father and son are celebrating the child's first birthday without the mother, who has been detained by ICE at the Montgomery Processing Center in Conroe. Shirly Guardado, married to an active-duty Army service member, was arrested despite attending court hearings and having her sponsor petition approved. The family remains hopeful and connected through video calls, as they plan a Lion King-themed birthday celebration for their son. HOUSTON - A Houston family faces a bittersweet birthday celebration as the child's mother remains detained by ICE at the Montgomery Processing Center in Conroe. What they're saying Aysaac Correa and his wife, Shirly Guardado, should be celebrating their son's first birthday together. Instead, the celebration happens through a video call as the family awaits Shirly's fate—whether she will be deported to Honduras. Shirly Guardado was arrested by ICE nearly two months ago and has been detained at the Montgomery Processing Center. Despite entering the country illegally, she had been attending her court hearings and is married to Aysaac, an active-duty Army service member. PREVIOUS REPORTING:Houston family faces separation after ICE arrests Honduran mother despite documentation "It sucks because we're so close but so far at the same time," said Aysaac Correa, referring to his weekly one-hour visits at the detention facility. Their son was 10 months old when Shirly was detained; today, he turns one without his mother present. "It's been hard. My mom and my wife have been planning the birthday for a long time, and her not being here, it's not fair," Aysaac added. Denise Martinez, Aysaac's mother, traveled from Puerto Rico to support her son. "It's difficult, and despite being one year old, the baby keeps calling 'mama, mama,'" she said. With interactions reduced to weekly visits and video calls, Shirly continues to express her love and longing for her family. The family plans to celebrate Kylian's first year with a Lion King-themed party. "As soon as he was born, I picked him up and held him in the air like Simba and sang the song, and my wife loved that," Aysaac reminisced. What we know Shirly entered the U.S. illegally in 2014 at age 16 and was issued an expedited removal order, later released under supervision. She has consistently reported to immigration authorities, graduated from high school, and married Asyaac, an active-duty U.S. Army service member, in 2022. In 2023, U.S. Customs and Immigration Services (USCIS) approved Asyaac's petition for Shirly, making her arrest unexpected. Dig deeper When a petition is approved by USCIS, it means they have determined the petitioner meets the requirements for the requested immigration benefit and has approved the petition. This approval is typically followed by an official notice, such as Form I-797 Notice of Action, which can be used as evidence of the approval. Correa filed Shirly's petition, and it was approved on November 18, 2023, and is sponsoring her request for Military Parole in Place – which the couple were waiting for. Military Parole in Place (PIP) is a program that allows certain family members of U.S. military personnel, veterans, or reservists who entered the U.S. without authorization to remain in the country for a specified period. It provides temporary legal status to these family members, enabling them to stay while addressing their immigration status and potentially applying for permanent residency. The Source FOX 26's Jonathan Mejia spoke with Aysaac Correa and the family's attorney, Martin Reza.
