Ban question... Please advise.....

[luvinmb 0]

I am not sure if this is the right forum, but I have a question?

If you have been denied entry at POE and your visa was taken away, how do you know if you have a 5 yr. ban on yourself or not?

My fiance was denied entry two years ago and his tourist visa taken for visiting too often and wrongfully working with the tourist visa. He never overstayed, but he did honestly admit when questioned that he had worked. Anyways, when his visa was taken, they did a complete report and sent it to the consulate who had issued his tourist visa and on the report listed the reasons for the denial, but they told him that he could apply for a visa again in 1 yr. No where on the report does it say he is denied entry for any amount of time. I imagine that the forms are standard procedure when an individual is turned away at the border. Please advise me on this. Thanks!

[Baileyj96 0]

Hi alisa,

I wish i had more info for you but I have a few suggestions that might help. There is another site that is good with information about I-601 waivers. It's called immigrate2us.net. I have read on there about some kind of report you can send off for to find out what is on your record. FION i think but not postitive. I have also read that you can request a report from the FBI . I found this posting with the link included.

www.fbi.gov/hq/cjisd/fprequest.htm

click on the above link and print a copy of the FBI fingerprint card. The instructions tell you where to send the prints. You can go to your local police department and ask them to print your husband. got the results back in less than 6 weeks.

If your husband never went before a judge, then he most likely wasn't deported, but the fingerprint results should tell you what is on his record with immigration...

It sounds like to me his visa was revoked because he admitted to working without having proper documentation not that he was deported. but that's just my thoughts.

Hope this helps some and hope you can find some answers to help you

Good luck

Baileyj

[beetee4ever 0]

Sorry to hear about your situation.

3/10 year ban is for overstay, and 5 yr ban is for working without permisssion - I think that is "standard".

I did hear about another case where the girl did like your fiancee, she had not overstayed - just admitted to working without permission / on a tourist visa, and they gave her a 5 yr ban.

Just wanted to let you know that you're not alone - but you should do as Bailey suggested and find out more.

Good luck.

[luvinmb 0]

I think my fiance may have got lucky. Upon examination of all his records there are no forms that talk about anything to do with expedited removal, he had zero court appearances. In fact, she told him he could reapply for a tourist visa in one year. His forms simply state that he opted to withdraw his application for admission in lieu of expedited removal. And she let him leave.... So I called the consulate and spoke with them. They said it sounded like my fiance got a punishment of one year. It just seems like to me that if they had given him a ban of 5 years he would have been told and surely somewhere in the report it would have said it as well.

[Traviesa 0]

I think my fiance may have got lucky. Upon examination of all his records there are no forms that talk about anything to do with expedited removal, he had zero court appearances. In fact, she told him he could reapply for a tourist visa in one year. His forms simply state that he opted to withdraw his application for admission in lieu of expedited removal. And she let him leave.... So I called the consulate and spoke with them. They said it sounded like my fiance got a punishment of one year. It just seems like to me that if they had given him a ban of 5 years he would have been told and surely somewhere in the report it would have said it as well.

I hope that's the case Alisa-best of luck to you! CUUUUTTTEEE puppy by the way!

[Rocio 0]

good luck

[cd1111 0]

I think my fiance may have got lucky. Upon examination of all his records there are no forms that talk about anything to do with expedited removal, he had zero court appearances. In fact, she told him he could reapply for a tourist visa in one year. His forms simply state that he opted to withdraw his application for admission in lieu of expedited removal. And she let him leave.... So I called the consulate and spoke with them. They said it sounded like my fiance got a punishment of one year. It just seems like to me that if they had given him a ban of 5 years he would have been told and surely somewhere in the report it would have said it as well.

Hi alisa79,

I hope you are still here on VJ. When you said your fiance's visa was taken away, that means they canceled his visa right? If they did that, they will write something on the visa page and that will explain to you the reason of his denied admission at POE. I would like to ask what annotations were written on the cancelled visa, because I have a very similar situation with your fiance. Thank you in advance.

cd1111

[The_dip_sticks 0]

My husband and I have applied for the K3. last year he tired to vistin me on his VWP and was denied entry. We want to tray and spend our Christmas holidays together but since I have been to the Uk many times now we we are thinking of spending Christmas and New years with my family here in the states or in Mexico. He has to get a tourist visa in order to come into the states now. My questions is.....God willing every thing turns out well and he gets the tourist visa will he get denied again at the poe if he says that he is coming to visit his wife?

I think my fiance may have got lucky. Upon examination of all his records there are no forms that talk about anything to do with expedited removal, he had zero court appearances. In fact, she told him he could reapply for a tourist visa in one year. His forms simply state that he opted to withdraw his application for admission in lieu of expedited removal. And she let him leave.... So I called the consulate and spoke with them. They said it sounded like my fiance got a punishment of one year. It just seems like to me that if they had given him a ban of 5 years he would have been told and surely somewhere in the report it would have said it as well.

Hi alisa79,

I hope you are still here on VJ. When you said your fiance's visa was taken away, that means they canceled his visa right? If they did that, they will write something on the visa page and that will explain to you the reason of his denied admission at POE. I would like to ask what annotations were written on the cancelled visa, because I have a very similar situation with your fiance. Thank you in advance.

cd1111

[shirlJ831 0]

good luck on things to come

[kitkat1 5]

My husband and I have applied for the K3. last year he tired to vistin me on his VWP and was denied entry. We want to tray and spend our Christmas holidays together but since I have been to the Uk many times now we we are thinking of spending Christmas and New years with my family here in the states or in Mexico. He has to get a tourist visa in order to come into the states now. My questions is.....God willing every thing turns out well and he gets the tourist visa will he get denied again at the poe if he says that he is coming to visit his wife?

Someone correct me if I'm wrong -- but I think your husband could very well be denied at the POE with a tourist visa because they will be concerned that he has immigrant intent when they learn he has a wife here. He cannot lie - that would make matters much worse - but best for you to be prepared for the potential option. Seems like spending Christmas in another location might be a safer idea. Good luck.

[The_dip_sticks 0]

Thanks for the advice Kitkat

Someone correct me if I'm wrong -- but I think your husband could very well be denied at the POE with a tourist visa because they will be concerned that he has immigrant intent when they learn he has a wife here. He cannot lie - that would make matters much worse - but best for you to be prepared for the potential option. Seems like spending Christmas in another location might be a safer idea. Good luck.

[dmartmar 1]

I think my fiance may have gotten lucky. Upon closer examination of all his records, there are no forms that mention anything about expedited removal and he had zero court appearances. In fact, she told him he could re-apply for a tourist visa in a year. His forms simply state that b/c he opted to withdraw his application for admission in lieu of expedited removal, she let him leave. I called the consulate and spoke to them. They said it sounded like my fiance got a one year punishment. It just seems to me that had they given him a 5 year ban, he would have been told and surely somewhere in the report it would have said it as well.

If that's the case, then you should have nothing to be worried about.