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DS-156 Question

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

About 8 years ago or longer, I was visiting friends in Windsor and we decided to cross over to Detroit. Although, I had photo id ( note this was before 9/11) I neglected to bring my Canadian Citizenship card with me because of this I was refused entry.

On the DS-230, Question 32

I acknowledged my denial and explained why.

But I am confused about the DS-156 Section 38 Question 2

Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or a public secondary school after November 30, 1996 without reimbursing the school?

What do I put here? I am not sure how to read it- it looks like it's asking if I was refused entry because or fraud or willful misrepresentation or other unlawful means? Do I write NO here?

Will I need a waiver because of a one time denial many years ago?

04-21-2006 | Marriage in Santa Ana, CA
I-130 Process
06-29-2006 | Mailed to CSC
08-23-2006 | Was told application was rejected & sent back
08-30-2006 | Recieved rejected package
09-01-2006 | Resubmitted I-130
09-08-2006 | NOA1 (now that's more like it)
09-13-2006 | Recieved NOA1 in the mail
12-19-2006 | Recieved email RFE
12-20-2006 | Recieved RFE in mail
12-22-2006 | Sent out RFE info
01-09-2007 | NOA2 Email received!
I-130 at NVC
01-24-2007 | Case Number Assigned
02-06-2007 | Emailed DS-3032 COA
02-09-2007 | NVC confirms COA in email
02-20-2007 | DS3032 & AOS Fee Bill Mailed
02-26-2007 | Received DS3032 and AOS Fee Bill
02-28-2007 | Mailed AOS Fee Bill and check
03-13-2007 | I-864 received
03-21-2007 | I-864 sent
05-16-2007 | IV Bill resent from NVC (never got the first)
06-02-2007 | IV Bill received
06-05-2007 | IV Bill payment sent
06-26-2007 | Received DS230
06-29-2007 | Mailed DS230 to NVC
08-15-2007 | NVC process complete but was sent back to US CIS (#@$%#$% this sucks)
11-08-2007 | I-130 returned to NVC
11-08-2007 | Requested expedited interview due to daughters illness
11-21-2007 | NVC approved expedited interview. Mailed to Montreal Embassy Nov 20th
12-11-2007 | Told by contact at US Consulate in Toronto that our interview date will be on Jan 4th.
01-04-2008 | Interview In Montreal. VISA GRANTED
01-11-2008 | Arrival in the US
11-09-2009 | Biometrics taken for 10 year green card
01-20-2010 | Approved- 10 GC ordered for production

06-22-2013 | N-400 package sent

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Filed: K-1 Visa Country: Ukraine
Timeline
About 8 years ago or longer, I was visiting friends in Windsor and we decided to cross over to Detroit. Although, I had photo id ( note this was before 9/11) I neglected to bring my Canadian Citizenship card with me because of this I was refused entry.

On the DS-230, Question 32

I acknowledged my denial and explained why.

But I am confused about the DS-156 Section 38 Question 2

Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or a public secondary school after November 30, 1996 without reimbursing the school?

What do I put here? I am not sure how to read it- it looks like it's asking if I was refused entry because or fraud or willful misrepresentation or other unlawful means? Do I write NO here?

Will I need a waiver because of a one time denial many years ago?

Just my opinion/observation. But I do not think you have to answer yes to that question or explain why. Reason is I understand the intent of that question to want to know if you ever applied for a visa to USA and were denied entry. I mean you are a Canadian and you can come in and out of USA at will without a visa, you just needed to have your ID or passport with you in order to cross at Detroit tunnel there in Windsor under river I presume at which time you simply forgot. Doubt seriously if there is ever a record of this kept or if they even kept a record of that sort of thing back then. And I do not think forgetting to bring your ID or passport to cross the USA/Canada border would be considered fraud or willful misrepresentation or other unlawful means, I believe it is for those that are denied a visa or for example get denied or turned back at airport or port or border due to something besides forgetting to bring your passport or ID.

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Filed: Other Country: China
Timeline
About 8 years ago or longer, I was visiting friends in Windsor and we decided to cross over to Detroit. Although, I had photo id ( note this was before 9/11) I neglected to bring my Canadian Citizenship card with me because of this I was refused entry.

On the DS-230, Question 32

I acknowledged my denial and explained why.

But I am confused about the DS-156 Section 38 Question 2

Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or a public secondary school after November 30, 1996 without reimbursing the school?

What do I put here? I am not sure how to read it- it looks like it's asking if I was refused entry because or fraud or willful misrepresentation or other unlawful means? Do I write NO here?

Will I need a waiver because of a one time denial many years ago?

Just my opinion/observation. But I do not think you have to answer yes to that question or explain why. Reason is I understand the intent of that question to want to know if you ever applied for a visa to USA and were denied entry. I mean you are a Canadian and you can come in and out of USA at will without a visa, you just needed to have your ID or passport with you in order to cross at Detroit tunnel there in Windsor under river I presume at which time you simply forgot. Doubt seriously if there is ever a record of this kept or if they even kept a record of that sort of thing back then. And I do not think forgetting to bring your ID or passport to cross the USA/Canada border would be considered fraud or willful misrepresentation or other unlawful means, I believe it is for those that are denied a visa or for example get denied or turned back at airport or port or border due to something besides forgetting to bring your passport or ID.

The question is in two parts. The first part just asks if you've been denied entry. The answer is yes. You only answer the question one time.

Edited by pushbrk

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
About 8 years ago or longer, I was visiting friends in Windsor and we decided to cross over to Detroit. Although, I had photo id ( note this was before 9/11) I neglected to bring my Canadian Citizenship card with me because of this I was refused entry.

On the DS-230, Question 32

I acknowledged my denial and explained why.

But I am confused about the DS-156 Section 38 Question 2

Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or a public secondary school after November 30, 1996 without reimbursing the school?

What do I put here? I am not sure how to read it- it looks like it's asking if I was refused entry because or fraud or willful misrepresentation or other unlawful means? Do I write NO here?

Will I need a waiver because of a one time denial many years ago?

Just my opinion/observation. But I do not think you have to answer yes to that question or explain why. Reason is I understand the intent of that question to want to know if you ever applied for a visa to USA and were denied entry. I mean you are a Canadian and you can come in and out of USA at will without a visa, you just needed to have your ID or passport with you in order to cross at Detroit tunnel there in Windsor under river I presume at which time you simply forgot. Doubt seriously if there is ever a record of this kept or if they even kept a record of that sort of thing back then. And I do not think forgetting to bring your ID or passport to cross the USA/Canada border would be considered fraud or willful misrepresentation or other unlawful means, I believe it is for those that are denied a visa or for example get denied or turned back at airport or port or border due to something besides forgetting to bring your passport or ID.

The question is in two parts. The first part just asks if you've been denied entry. The answer is yes. You only answer the question one time.

Sorry, just a litter clarity.

Are you saying that on the DS-156- I answer yes to the loaded question? On that form it doesn't ask the circumstances as to why I was refused entry. If I do answer yes, do I require a waiver?

04-21-2006 | Marriage in Santa Ana, CA
I-130 Process
06-29-2006 | Mailed to CSC
08-23-2006 | Was told application was rejected & sent back
08-30-2006 | Recieved rejected package
09-01-2006 | Resubmitted I-130
09-08-2006 | NOA1 (now that's more like it)
09-13-2006 | Recieved NOA1 in the mail
12-19-2006 | Recieved email RFE
12-20-2006 | Recieved RFE in mail
12-22-2006 | Sent out RFE info
01-09-2007 | NOA2 Email received!
I-130 at NVC
01-24-2007 | Case Number Assigned
02-06-2007 | Emailed DS-3032 COA
02-09-2007 | NVC confirms COA in email
02-20-2007 | DS3032 & AOS Fee Bill Mailed
02-26-2007 | Received DS3032 and AOS Fee Bill
02-28-2007 | Mailed AOS Fee Bill and check
03-13-2007 | I-864 received
03-21-2007 | I-864 sent
05-16-2007 | IV Bill resent from NVC (never got the first)
06-02-2007 | IV Bill received
06-05-2007 | IV Bill payment sent
06-26-2007 | Received DS230
06-29-2007 | Mailed DS230 to NVC
08-15-2007 | NVC process complete but was sent back to US CIS (#@$%#$% this sucks)
11-08-2007 | I-130 returned to NVC
11-08-2007 | Requested expedited interview due to daughters illness
11-21-2007 | NVC approved expedited interview. Mailed to Montreal Embassy Nov 20th
12-11-2007 | Told by contact at US Consulate in Toronto that our interview date will be on Jan 4th.
01-04-2008 | Interview In Montreal. VISA GRANTED
01-11-2008 | Arrival in the US
11-09-2009 | Biometrics taken for 10 year green card
01-20-2010 | Approved- 10 GC ordered for production

06-22-2013 | N-400 package sent

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Share on other sites

Filed: Other Country: China
Timeline
About 8 years ago or longer, I was visiting friends in Windsor and we decided to cross over to Detroit. Although, I had photo id ( note this was before 9/11) I neglected to bring my Canadian Citizenship card with me because of this I was refused entry.

On the DS-230, Question 32

I acknowledged my denial and explained why.

But I am confused about the DS-156 Section 38 Question 2

Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or a public secondary school after November 30, 1996 without reimbursing the school?

What do I put here? I am not sure how to read it- it looks like it's asking if I was refused entry because or fraud or willful misrepresentation or other unlawful means? Do I write NO here?

Will I need a waiver because of a one time denial many years ago?

Just my opinion/observation. But I do not think you have to answer yes to that question or explain why. Reason is I understand the intent of that question to want to know if you ever applied for a visa to USA and were denied entry. I mean you are a Canadian and you can come in and out of USA at will without a visa, you just needed to have your ID or passport with you in order to cross at Detroit tunnel there in Windsor under river I presume at which time you simply forgot. Doubt seriously if there is ever a record of this kept or if they even kept a record of that sort of thing back then. And I do not think forgetting to bring your ID or passport to cross the USA/Canada border would be considered fraud or willful misrepresentation or other unlawful means, I believe it is for those that are denied a visa or for example get denied or turned back at airport or port or border due to something besides forgetting to bring your passport or ID.

The question is in two parts. The first part just asks if you've been denied entry. The answer is yes. You only answer the question one time.

Sorry, just a litter clarity.

Are you saying that on the DS-156- I answer yes to the loaded question? On that form it doesn't ask the circumstances as to why I was refused entry. If I do answer yes, do I require a waiver?

You answer yes, but if you read further on the form, it tells you that a yes answer doesn't necessarily mean you need a waiver. You've already explained elsewhere any way. At most, you'll explain again verbally.

The punctuation in the question is somewhat confusing but there definitely is a period before the comma. Weird punctuation indeed. If the period wasn't there, the answer would be no.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
About 8 years ago or longer, I was visiting friends in Windsor and we decided to cross over to Detroit. Although, I had photo id ( note this was before 9/11) I neglected to bring my Canadian Citizenship card with me because of this I was refused entry.

On the DS-230, Question 32

I acknowledged my denial and explained why.

But I am confused about the DS-156 Section 38 Question 2

Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or a public secondary school after November 30, 1996 without reimbursing the school?

What do I put here? I am not sure how to read it- it looks like it's asking if I was refused entry because or fraud or willful misrepresentation or other unlawful means? Do I write NO here?

Will I need a waiver because of a one time denial many years ago?

Just my opinion/observation. But I do not think you have to answer yes to that question or explain why. Reason is I understand the intent of that question to want to know if you ever applied for a visa to USA and were denied entry. I mean you are a Canadian and you can come in and out of USA at will without a visa, you just needed to have your ID or passport with you in order to cross at Detroit tunnel there in Windsor under river I presume at which time you simply forgot. Doubt seriously if there is ever a record of this kept or if they even kept a record of that sort of thing back then. And I do not think forgetting to bring your ID or passport to cross the USA/Canada border would be considered fraud or willful misrepresentation or other unlawful means, I believe it is for those that are denied a visa or for example get denied or turned back at airport or port or border due to something besides forgetting to bring your passport or ID.

The question is in two parts. The first part just asks if you've been denied entry. The answer is yes. You only answer the question one time.

Sorry, just a litter clarity.

Are you saying that on the DS-156- I answer yes to the loaded question? On that form it doesn't ask the circumstances as to why I was refused entry. If I do answer yes, do I require a waiver?

You answer yes, but if you read further on the form, it tells you that a yes answer doesn't necessarily mean you need a waiver. You've already explained elsewhere any way. At most, you'll explain again verbally.

The punctuation in the question is somewhat confusing but there definitely is a period before the comma. Weird punctuation indeed. If the period wasn't there, the answer would be no.

But isn't the period not an actual period but there because United States is abbreviated as in U.S. ?

I've looked this up and the answers seem to vary but I did find one entry where someone said Yes to being denied a visitor visa and they said it was good that they were honest and it didn't effect the waiver. I know that if I explain the situation it shouldn't be an issue I had no illegal or criminal intent.

04-21-2006 | Marriage in Santa Ana, CA
I-130 Process
06-29-2006 | Mailed to CSC
08-23-2006 | Was told application was rejected & sent back
08-30-2006 | Recieved rejected package
09-01-2006 | Resubmitted I-130
09-08-2006 | NOA1 (now that's more like it)
09-13-2006 | Recieved NOA1 in the mail
12-19-2006 | Recieved email RFE
12-20-2006 | Recieved RFE in mail
12-22-2006 | Sent out RFE info
01-09-2007 | NOA2 Email received!
I-130 at NVC
01-24-2007 | Case Number Assigned
02-06-2007 | Emailed DS-3032 COA
02-09-2007 | NVC confirms COA in email
02-20-2007 | DS3032 & AOS Fee Bill Mailed
02-26-2007 | Received DS3032 and AOS Fee Bill
02-28-2007 | Mailed AOS Fee Bill and check
03-13-2007 | I-864 received
03-21-2007 | I-864 sent
05-16-2007 | IV Bill resent from NVC (never got the first)
06-02-2007 | IV Bill received
06-05-2007 | IV Bill payment sent
06-26-2007 | Received DS230
06-29-2007 | Mailed DS230 to NVC
08-15-2007 | NVC process complete but was sent back to US CIS (#@$%#$% this sucks)
11-08-2007 | I-130 returned to NVC
11-08-2007 | Requested expedited interview due to daughters illness
11-21-2007 | NVC approved expedited interview. Mailed to Montreal Embassy Nov 20th
12-11-2007 | Told by contact at US Consulate in Toronto that our interview date will be on Jan 4th.
01-04-2008 | Interview In Montreal. VISA GRANTED
01-11-2008 | Arrival in the US
11-09-2009 | Biometrics taken for 10 year green card
01-20-2010 | Approved- 10 GC ordered for production

06-22-2013 | N-400 package sent

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Share on other sites

Filed: Other Country: China
Timeline
About 8 years ago or longer, I was visiting friends in Windsor and we decided to cross over to Detroit. Although, I had photo id ( note this was before 9/11) I neglected to bring my Canadian Citizenship card with me because of this I was refused entry.

On the DS-230, Question 32

I acknowledged my denial and explained why.

But I am confused about the DS-156 Section 38 Question 2

Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or a public secondary school after November 30, 1996 without reimbursing the school?

What do I put here? I am not sure how to read it- it looks like it's asking if I was refused entry because or fraud or willful misrepresentation or other unlawful means? Do I write NO here?

Will I need a waiver because of a one time denial many years ago?

Just my opinion/observation. But I do not think you have to answer yes to that question or explain why. Reason is I understand the intent of that question to want to know if you ever applied for a visa to USA and were denied entry. I mean you are a Canadian and you can come in and out of USA at will without a visa, you just needed to have your ID or passport with you in order to cross at Detroit tunnel there in Windsor under river I presume at which time you simply forgot. Doubt seriously if there is ever a record of this kept or if they even kept a record of that sort of thing back then. And I do not think forgetting to bring your ID or passport to cross the USA/Canada border would be considered fraud or willful misrepresentation or other unlawful means, I believe it is for those that are denied a visa or for example get denied or turned back at airport or port or border due to something besides forgetting to bring your passport or ID.

The question is in two parts. The first part just asks if you've been denied entry. The answer is yes. You only answer the question one time.

Sorry, just a litter clarity.

Are you saying that on the DS-156- I answer yes to the loaded question? On that form it doesn't ask the circumstances as to why I was refused entry. If I do answer yes, do I require a waiver?

You answer yes, but if you read further on the form, it tells you that a yes answer doesn't necessarily mean you need a waiver. You've already explained elsewhere any way. At most, you'll explain again verbally.

The punctuation in the question is somewhat confusing but there definitely is a period before the comma. Weird punctuation indeed. If the period wasn't there, the answer would be no.

But isn't the period not an actual period but there because United States is abbreviated as in U.S. ?

I've looked this up and the answers seem to vary but I did find one entry where someone said Yes to being denied a visitor visa and they said it was good that they were honest and it didn't effect the waiver. I know that if I explain the situation it shouldn't be an issue I had no illegal or criminal intent.

By George, it is. Answer no.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
About 8 years ago or longer, I was visiting friends in Windsor and we decided to cross over to Detroit. Although, I had photo id ( note this was before 9/11) I neglected to bring my Canadian Citizenship card with me because of this I was refused entry.

On the DS-230, Question 32

I acknowledged my denial and explained why.

But I am confused about the DS-156 Section 38 Question 2

Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or a public secondary school after November 30, 1996 without reimbursing the school?

What do I put here? I am not sure how to read it- it looks like it's asking if I was refused entry because or fraud or willful misrepresentation or other unlawful means? Do I write NO here?

Will I need a waiver because of a one time denial many years ago?

Just my opinion/observation. But I do not think you have to answer yes to that question or explain why. Reason is I understand the intent of that question to want to know if you ever applied for a visa to USA and were denied entry. I mean you are a Canadian and you can come in and out of USA at will without a visa, you just needed to have your ID or passport with you in order to cross at Detroit tunnel there in Windsor under river I presume at which time you simply forgot. Doubt seriously if there is ever a record of this kept or if they even kept a record of that sort of thing back then. And I do not think forgetting to bring your ID or passport to cross the USA/Canada border would be considered fraud or willful misrepresentation or other unlawful means, I believe it is for those that are denied a visa or for example get denied or turned back at airport or port or border due to something besides forgetting to bring your passport or ID.

The question is in two parts. The first part just asks if you've been denied entry. The answer is yes. You only answer the question one time.

Sorry, just a litter clarity.

Are you saying that on the DS-156- I answer yes to the loaded question? On that form it doesn't ask the circumstances as to why I was refused entry. If I do answer yes, do I require a waiver?

You answer yes, but if you read further on the form, it tells you that a yes answer doesn't necessarily mean you need a waiver. You've already explained elsewhere any way. At most, you'll explain again verbally.

The punctuation in the question is somewhat confusing but there definitely is a period before the comma. Weird punctuation indeed. If the period wasn't there, the answer would be no.

But isn't the period not an actual period but there because United States is abbreviated as in U.S. ?

I've looked this up and the answers seem to vary but I did find one entry where someone said Yes to being denied a visitor visa and they said it was good that they were honest and it didn't effect the waiver. I know that if I explain the situation it shouldn't be an issue I had no illegal or criminal intent.

By George, it is. Answer no.

Arrrrrrrrrrrggggg.

I am so confused right now, I have post this on other boards and asked around and I get two different answers.

The family friend who works at the US consulate ( although does not handling visa's ) said that we should say yes but send along an explanation with it.

Oddly enough, his wife is Canadian and when they were engaged she was crossing at the Peace Bridge with him and refused entry. The CBP agent accused her of trying to immigrate illegally. Ironically, they weren't even going to be living in the US since he was going to assigned Consular Post in Japan- and she would be joining him there.

The refusal caused a bit of a mess for them but it was resolved quickly because of his pending post.

04-21-2006 | Marriage in Santa Ana, CA
I-130 Process
06-29-2006 | Mailed to CSC
08-23-2006 | Was told application was rejected & sent back
08-30-2006 | Recieved rejected package
09-01-2006 | Resubmitted I-130
09-08-2006 | NOA1 (now that's more like it)
09-13-2006 | Recieved NOA1 in the mail
12-19-2006 | Recieved email RFE
12-20-2006 | Recieved RFE in mail
12-22-2006 | Sent out RFE info
01-09-2007 | NOA2 Email received!
I-130 at NVC
01-24-2007 | Case Number Assigned
02-06-2007 | Emailed DS-3032 COA
02-09-2007 | NVC confirms COA in email
02-20-2007 | DS3032 & AOS Fee Bill Mailed
02-26-2007 | Received DS3032 and AOS Fee Bill
02-28-2007 | Mailed AOS Fee Bill and check
03-13-2007 | I-864 received
03-21-2007 | I-864 sent
05-16-2007 | IV Bill resent from NVC (never got the first)
06-02-2007 | IV Bill received
06-05-2007 | IV Bill payment sent
06-26-2007 | Received DS230
06-29-2007 | Mailed DS230 to NVC
08-15-2007 | NVC process complete but was sent back to US CIS (#@$%#$% this sucks)
11-08-2007 | I-130 returned to NVC
11-08-2007 | Requested expedited interview due to daughters illness
11-21-2007 | NVC approved expedited interview. Mailed to Montreal Embassy Nov 20th
12-11-2007 | Told by contact at US Consulate in Toronto that our interview date will be on Jan 4th.
01-04-2008 | Interview In Montreal. VISA GRANTED
01-11-2008 | Arrival in the US
11-09-2009 | Biometrics taken for 10 year green card
01-20-2010 | Approved- 10 GC ordered for production

06-22-2013 | N-400 package sent

Link to comment
Share on other sites

Filed: Other Country: China
Timeline
About 8 years ago or longer, I was visiting friends in Windsor and we decided to cross over to Detroit. Although, I had photo id ( note this was before 9/11) I neglected to bring my Canadian Citizenship card with me because of this I was refused entry.

On the DS-230, Question 32

I acknowledged my denial and explained why.

But I am confused about the DS-156 Section 38 Question 2

Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or a public secondary school after November 30, 1996 without reimbursing the school?

What do I put here? I am not sure how to read it- it looks like it's asking if I was refused entry because or fraud or willful misrepresentation or other unlawful means? Do I write NO here?

Will I need a waiver because of a one time denial many years ago?

Just my opinion/observation. But I do not think you have to answer yes to that question or explain why. Reason is I understand the intent of that question to want to know if you ever applied for a visa to USA and were denied entry. I mean you are a Canadian and you can come in and out of USA at will without a visa, you just needed to have your ID or passport with you in order to cross at Detroit tunnel there in Windsor under river I presume at which time you simply forgot. Doubt seriously if there is ever a record of this kept or if they even kept a record of that sort of thing back then. And I do not think forgetting to bring your ID or passport to cross the USA/Canada border would be considered fraud or willful misrepresentation or other unlawful means, I believe it is for those that are denied a visa or for example get denied or turned back at airport or port or border due to something besides forgetting to bring your passport or ID.

The question is in two parts. The first part just asks if you've been denied entry. The answer is yes. You only answer the question one time.

Sorry, just a litter clarity.

Are you saying that on the DS-156- I answer yes to the loaded question? On that form it doesn't ask the circumstances as to why I was refused entry. If I do answer yes, do I require a waiver?

You answer yes, but if you read further on the form, it tells you that a yes answer doesn't necessarily mean you need a waiver. You've already explained elsewhere any way. At most, you'll explain again verbally.

The punctuation in the question is somewhat confusing but there definitely is a period before the comma. Weird punctuation indeed. If the period wasn't there, the answer would be no.

But isn't the period not an actual period but there because United States is abbreviated as in U.S. ?

I've looked this up and the answers seem to vary but I did find one entry where someone said Yes to being denied a visitor visa and they said it was good that they were honest and it didn't effect the waiver. I know that if I explain the situation it shouldn't be an issue I had no illegal or criminal intent.

By George, it is. Answer no.

Arrrrrrrrrrrggggg.

I am so confused right now, I have post this on other boards and asked around and I get two different answers.

The family friend who works at the US consulate ( although does not handling visa's ) said that we should say yes but send along an explanation with it.

Oddly enough, his wife is Canadian and when they were engaged she was crossing at the Peace Bridge with him and refused entry. The CBP agent accused her of trying to immigrate illegally. Ironically, they weren't even going to be living in the US since he was going to assigned Consular Post in Japan- and she would be joining him there.

The refusal caused a bit of a mess for them but it was resolved quickly because of his pending post.

Hey, even as good as I am at reading legal language, I misinterpreted this question twice. Your reading is correct. The period is part of an abreviation. The question is asking about fraud, not other denials of entry. On the other hand maybe the Consulate considers all denials of entry to be about fraud.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
About 8 years ago or longer, I was visiting friends in Windsor and we decided to cross over to Detroit. Although, I had photo id ( note this was before 9/11) I neglected to bring my Canadian Citizenship card with me because of this I was refused entry.

On the DS-230, Question 32

I acknowledged my denial and explained why.

But I am confused about the DS-156 Section 38 Question 2

Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or a public secondary school after November 30, 1996 without reimbursing the school?

;)

What do I put here? I am not sure how to read it- it looks like it's asking if I was refused entry because or fraud or willful misrepresentation or other unlawful means? Do I write NO here?

Will I need a waiver because of a one time denial many years ago?

Just my opinion/observation. But I do not think you have to answer yes to that question or explain why. Reason is I understand the intent of that question to want to know if you ever applied for a visa to USA and were denied entry. I mean you are a Canadian and you can come in and out of USA at will without a visa, you just needed to have your ID or passport with you in order to cross at Detroit tunnel there in Windsor under river I presume at which time you simply forgot. Doubt seriously if there is ever a record of this kept or if they even kept a record of that sort of thing back then. And I do not think forgetting to bring your ID or passport to cross the USA/Canada border would be considered fraud or willful misrepresentation or other unlawful means, I believe it is for those that are denied a visa or for example get denied or turned back at airport or port or border due to something besides forgetting to bring your passport or ID.

The question is in two parts. The first part just asks if you've been denied entry. The answer is yes. You only answer the question one time.

Sorry, just a litter clarity.

Are you saying that on the DS-156- I answer yes to the loaded question? On that form it doesn't ask the circumstances as to why I was refused entry. If I do answer yes, do I require a waiver?

You answer yes, but if you read further on the form, it tells you that a yes answer doesn't necessarily mean you need a waiver. You've already explained elsewhere any way. At most, you'll explain again verbally.

The punctuation in the question is somewhat confusing but there definitely is a period before the comma. Weird punctuation indeed. If the period wasn't there, the answer would be no.

But isn't the period not an actual period but there because United States is abbreviated as in U.S. ?

I've looked this up and the answers seem to vary but I did find one entry where someone said Yes to being denied a visitor visa and they said it was good that they were honest and it didn't effect the waiver. I know that if I explain the situation it shouldn't be an issue I had no illegal or criminal intent.

By George, it is. Answer no.

Arrrrrrrrrrrggggg.

I am so confused right now, I have post this on other boards and asked around and I get two different answers.

The family friend who works at the US consulate ( although does not handling visa's ) said that we should say yes but send along an explanation with it.

Oddly enough, his wife is Canadian and when they were engaged she was crossing at the Peace Bridge with him and refused entry. The CBP agent accused her of trying to immigrate illegally. Ironically, they weren't even going to be living in the US since he was going to assigned Consular Post in Japan- and she would be joining him there.

The refusal caused a bit of a mess for them but it was resolved quickly because of his pending post.

Hey, even as good as I am at reading legal language, I misinterpreted this question twice. Your reading is correct. The period is part of an abreviation. The question is asking about fraud, not other denials of entry. On the other hand maybe the Consulate considers all denials of entry to be about fraud.

I have a feeling this question is the same vein as asking a CBP agent if you are able to visit the US while in the visa process- their answer varies depending on their personal interpretation and what kind of mood they are in. ;)

I have a feeling that in Visa matters it's better to be found innocent in the profession of guilt than to be found guilty while professing innocence.

04-21-2006 | Marriage in Santa Ana, CA
I-130 Process
06-29-2006 | Mailed to CSC
08-23-2006 | Was told application was rejected & sent back
08-30-2006 | Recieved rejected package
09-01-2006 | Resubmitted I-130
09-08-2006 | NOA1 (now that's more like it)
09-13-2006 | Recieved NOA1 in the mail
12-19-2006 | Recieved email RFE
12-20-2006 | Recieved RFE in mail
12-22-2006 | Sent out RFE info
01-09-2007 | NOA2 Email received!
I-130 at NVC
01-24-2007 | Case Number Assigned
02-06-2007 | Emailed DS-3032 COA
02-09-2007 | NVC confirms COA in email
02-20-2007 | DS3032 & AOS Fee Bill Mailed
02-26-2007 | Received DS3032 and AOS Fee Bill
02-28-2007 | Mailed AOS Fee Bill and check
03-13-2007 | I-864 received
03-21-2007 | I-864 sent
05-16-2007 | IV Bill resent from NVC (never got the first)
06-02-2007 | IV Bill received
06-05-2007 | IV Bill payment sent
06-26-2007 | Received DS230
06-29-2007 | Mailed DS230 to NVC
08-15-2007 | NVC process complete but was sent back to US CIS (#@$%#$% this sucks)
11-08-2007 | I-130 returned to NVC
11-08-2007 | Requested expedited interview due to daughters illness
11-21-2007 | NVC approved expedited interview. Mailed to Montreal Embassy Nov 20th
12-11-2007 | Told by contact at US Consulate in Toronto that our interview date will be on Jan 4th.
01-04-2008 | Interview In Montreal. VISA GRANTED
01-11-2008 | Arrival in the US
11-09-2009 | Biometrics taken for 10 year green card
01-20-2010 | Approved- 10 GC ordered for production

06-22-2013 | N-400 package sent

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
About 8 years ago or longer, I was visiting friends in Windsor and we decided to cross over to Detroit. Although, I had photo id ( note this was before 9/11) I neglected to bring my Canadian Citizenship card with me because of this I was refused entry.

On the DS-230, Question 32

I acknowledged my denial and explained why.

But I am confused about the DS-156 Section 38 Question 2

Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or a public secondary school after November 30, 1996 without reimbursing the school?

What do I put here? I am not sure how to read it- it looks like it's asking if I was refused entry because or fraud or willful misrepresentation or other unlawful means? Do I write NO here?

Will I need a waiver because of a one time denial many years ago?

Just my opinion/observation. But I do not think you have to answer yes to that question or explain why. Reason is I understand the intent of that question to want to know if you ever applied for a visa to USA and were denied entry. I mean you are a Canadian and you can come in and out of USA at will without a visa, you just needed to have your ID or passport with you in order to cross at Detroit tunnel there in Windsor under river I presume at which time you simply forgot. Doubt seriously if there is ever a record of this kept or if they even kept a record of that sort of thing back then. And I do not think forgetting to bring your ID or passport to cross the USA/Canada border would be considered fraud or willful misrepresentation or other unlawful means, I believe it is for those that are denied a visa or for example get denied or turned back at airport or port or border due to something besides forgetting to bring your passport or ID.

The question is in two parts. The first part just asks if you've been denied entry. The answer is yes. You only answer the question one time.

Sorry, just a litter clarity.

Are you saying that on the DS-156- I answer yes to the loaded question? On that form it doesn't ask the circumstances as to why I was refused entry. If I do answer yes, do I require a waiver?

You answer yes, but if you read further on the form, it tells you that a yes answer doesn't necessarily mean you need a waiver. You've already explained elsewhere any way. At most, you'll explain again verbally.

The punctuation in the question is somewhat confusing but there definitely is a period before the comma. Weird punctuation indeed. If the period wasn't there, the answer would be no.

But isn't the period not an actual period but there because United States is abbreviated as in U.S. ?

I've looked this up and the answers seem to vary but I did find one entry where someone said Yes to being denied a visitor visa and they said it was good that they were honest and it didn't effect the waiver. I know that if I explain the situation it shouldn't be an issue I had no illegal or criminal intent.

By George, it is. Answer no.

Arrrrrrrrrrrggggg.

I am so confused right now, I have post this on other boards and asked around and I get two different answers.

The family friend who works at the US consulate ( although does not handling visa's ) said that we should say yes but send along an explanation with it.

Oddly enough, his wife is Canadian and when they were engaged she was crossing at the Peace Bridge with him and refused entry. The CBP agent accused her of trying to immigrate illegally. Ironically, they weren't even going to be living in the US since he was going to assigned Consular Post in Japan- and she would be joining him there.

The refusal caused a bit of a mess for them but it was resolved quickly because of his pending post.

Hey, even as good as I am at reading legal language, I misinterpreted this question twice. Your reading is correct. The period is part of an abbreviation. The question is asking about fraud, not other denials of entry. On the other hand maybe the Consulate considers all denials of entry to be about fraud.

I don't know why they tired to cram it all into one section. Another way to read it could be?????

Have you ever been refused admission to the U.S.,

Have you everbeen the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means?

Have you attended a U.S. public elementary school on student rose.gif status or a public secondary school after November 30, 1996 without reimbursing the school?

04-21-2006 | Marriage in Santa Ana, CA
I-130 Process
06-29-2006 | Mailed to CSC
08-23-2006 | Was told application was rejected & sent back
08-30-2006 | Recieved rejected package
09-01-2006 | Resubmitted I-130
09-08-2006 | NOA1 (now that's more like it)
09-13-2006 | Recieved NOA1 in the mail
12-19-2006 | Recieved email RFE
12-20-2006 | Recieved RFE in mail
12-22-2006 | Sent out RFE info
01-09-2007 | NOA2 Email received!
I-130 at NVC
01-24-2007 | Case Number Assigned
02-06-2007 | Emailed DS-3032 COA
02-09-2007 | NVC confirms COA in email
02-20-2007 | DS3032 & AOS Fee Bill Mailed
02-26-2007 | Received DS3032 and AOS Fee Bill
02-28-2007 | Mailed AOS Fee Bill and check
03-13-2007 | I-864 received
03-21-2007 | I-864 sent
05-16-2007 | IV Bill resent from NVC (never got the first)
06-02-2007 | IV Bill received
06-05-2007 | IV Bill payment sent
06-26-2007 | Received DS230
06-29-2007 | Mailed DS230 to NVC
08-15-2007 | NVC process complete but was sent back to US CIS (#@$%#$% this sucks)
11-08-2007 | I-130 returned to NVC
11-08-2007 | Requested expedited interview due to daughters illness
11-21-2007 | NVC approved expedited interview. Mailed to Montreal Embassy Nov 20th
12-11-2007 | Told by contact at US Consulate in Toronto that our interview date will be on Jan 4th.
01-04-2008 | Interview In Montreal. VISA GRANTED
01-11-2008 | Arrival in the US
11-09-2009 | Biometrics taken for 10 year green card
01-20-2010 | Approved- 10 GC ordered for production

06-22-2013 | N-400 package sent

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
About 8 years ago or longer, I was visiting friends in Windsor and we decided to cross over to Detroit. Although, I had photo id ( note this was before 9/11) I neglected to bring my Canadian Citizenship card with me because of this I was refused entry.

On the DS-230, Question 32

I acknowledged my denial and explained why.

But I am confused about the DS-156 Section 38 Question 2

Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or a public secondary school after November 30, 1996 without reimbursing the school?

What do I put here? I am not sure how to read it- it looks like it's asking if I was refused entry because or fraud or willful misrepresentation or other unlawful means? Do I write NO here?

Will I need a waiver because of a one time denial many years ago?

Okay- so our lawyer said to say NO because being 'turned around' at the boarder does not constitute deportation or refusal.

I just needed the missing documents.

04-21-2006 | Marriage in Santa Ana, CA
I-130 Process
06-29-2006 | Mailed to CSC
08-23-2006 | Was told application was rejected & sent back
08-30-2006 | Recieved rejected package
09-01-2006 | Resubmitted I-130
09-08-2006 | NOA1 (now that's more like it)
09-13-2006 | Recieved NOA1 in the mail
12-19-2006 | Recieved email RFE
12-20-2006 | Recieved RFE in mail
12-22-2006 | Sent out RFE info
01-09-2007 | NOA2 Email received!
I-130 at NVC
01-24-2007 | Case Number Assigned
02-06-2007 | Emailed DS-3032 COA
02-09-2007 | NVC confirms COA in email
02-20-2007 | DS3032 & AOS Fee Bill Mailed
02-26-2007 | Received DS3032 and AOS Fee Bill
02-28-2007 | Mailed AOS Fee Bill and check
03-13-2007 | I-864 received
03-21-2007 | I-864 sent
05-16-2007 | IV Bill resent from NVC (never got the first)
06-02-2007 | IV Bill received
06-05-2007 | IV Bill payment sent
06-26-2007 | Received DS230
06-29-2007 | Mailed DS230 to NVC
08-15-2007 | NVC process complete but was sent back to US CIS (#@$%#$% this sucks)
11-08-2007 | I-130 returned to NVC
11-08-2007 | Requested expedited interview due to daughters illness
11-21-2007 | NVC approved expedited interview. Mailed to Montreal Embassy Nov 20th
12-11-2007 | Told by contact at US Consulate in Toronto that our interview date will be on Jan 4th.
01-04-2008 | Interview In Montreal. VISA GRANTED
01-11-2008 | Arrival in the US
11-09-2009 | Biometrics taken for 10 year green card
01-20-2010 | Approved- 10 GC ordered for production

06-22-2013 | N-400 package sent

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Share on other sites

 
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