VWP Denial... needed I-212?

[rachelw610 0]

Hi,

I am sorry if this question has already been answered. I have been staring at a computer screen for a long time, and just can't seem to find the answer to my question, even if it's obvious!!

My fiance and I are waiting for our NOA2.

He was denied at POE on Feb. 7th, 2006, about a month before we filed the I-129. (He is from England.)

He was NOT deported, removed, or banned, just just denied; in fact they called it "deferred" (that is what his forms from the incident say). They even let him stay the night with me, but I had to have him back to the airport the next day.

They told him that he couldn't enter the US again without a valid visa. No more VWP.

Does he need a I-212? My inclination is to say no, but I am not sure. I have not seen anything on VJ that would acknowledge that he would, but I am just curious. probably a bit too late in the process to be quantifying this, but there ya go.

Any knowledge anyone has with this would be great, and I again apologize if this has been answered, I really did make an honest attempt to find this information out, but have been having a hard time. Even if it's just a link to a previous post/reply, I certainly understand.

Thanks!

[babybunny 2]

I dont think you need to file a waiver. your SO was not banned

[Carola 0]

Don't worry about that, he will be fine... Once, before we filled for k1 I wanted to visit my then fiance holding a VWP passport and I my entry was denied . No problem on getting my k1 visa later on:)

[irishgirl73 0]

I have asked the same thing & I was told "no" my man shouldn't need to file a waiver. He was denied for a 2 day overstay on the vwp.

I am sure you will be fine-good luck

[rachelw610 0]

I have asked the same thing & I was told "no" my man shouldn't need to file a waiver. He was denied for a 2 day overstay on the vwp.

I am sure you will be fine-good luck

Fantastic! Thanks a lot for the information; you and everyone else who replied.

Best of luck to you all.

[Euro 3]

No waiver needed for a "denied entry", on 1 of the later forms he will be asked if ever deported or denied entry, he must be honest, but a few on VJ from the UK have been "Denied" entry & got Visa's NO PROBLEM

[irishgirl73 0]

No waiver needed for a "denied entry", on 1 of the later forms he will be asked if ever deported or denied entry, he must be honest, but a few on VJ from the UK have been "Denied" entry & got Visa's NO PROBLEM

good point Euro-never ever lie on the forms

[rachelw610 0]

No waiver needed for a "denied entry", on 1 of the later forms he will be asked if ever deported or denied entry, he must be honest, but a few on VJ from the UK have been "Denied" entry & got Visa's NO PROBLEM

good point Euro-never ever lie on the forms

Thanks for the advice! I figured they would ask him, and you are right, there is no point in lying about it, especially since he has forms from the incident, so I know it is well documented. The forms say exactly what questions were asked, and all of the responses he gave, and the final result of the "interrogation", which of course was a deferment (Deferred, banned, deported, rejected, etc... hard to keep up with all of the jargon used to imply different levels of rejection into the country! Though they all have very different meanings). It's even stamped on his passport, so I doubt he could lie, even if he wanted to.

Thanks again!

[Kajikit 65]

No, he does not need a waiver for being refused entry... it's quite a common occurance and it doesn't have any impact on the K visas unless you try to lie about it.

[The_dip_sticks 0]

My husabd is also britisih coming to visit me on the VWP and he was also refused. But they did not let me see him or talk to him he was just sent back the next day. His passport says refused is there a difference? Refused means that a waiver will be needed. Others have told me yes...I just thought it was intresting that on her case she does not need one.

Hi,

I am sorry if this question has already been answered. I have been staring at a computer screen for a long time, and just can't seem to find the answer to my question, even if it's obvious!!

My fiance and I are waiting for our NOA2.

He was denied at POE on Feb. 7th, 2006, about a month before we filed the I-129. (He is from England.)

He was NOT deported, removed, or banned, just just denied; in fact they called it "deferred" (that is what his forms from the incident say). They even let him stay the night with me, but I had to have him back to the airport the next day.

They told him that he couldn't enter the US again without a valid visa. No more VWP.

Does he need a I-212? My inclination is to say no, but I am not sure. I have not seen anything on VJ that would acknowledge that he would, but I am just curious. probably a bit too late in the process to be quantifying this, but there ya go.

Any knowledge anyone has with this would be great, and I again apologize if this has been answered, I really did make an honest attempt to find this information out, but have been having a hard time. Even if it's just a link to a previous post/reply, I certainly understand.

Thanks!

My husband is also Britisih coming to visit me on the VWP and he was also "refused". But they did not let me see him or talk to him he was just sent back the next day. His passport says refused is there a difference between refused and deffered? Does refused mean that a waiver will be needed. Others have told me yes...I just thought it was intresting that on her case she does not need a waiver

they put two stamps on his pass port that read

Refused 8 CFR 217.4(B)

abd

Section 212 (a ) (7)(A)(i )(l ) for the INA immigrant without an immigration visa

So now the VWP is gone and we have filed for the K3. If my hubby applies for a B2 will he get denied in london?

When I called the poe to get any documentation of what happened I was told by a rude man that they did not have any thing. What ever needed to be anoted was in the computer and thats it. They would not even give any information to my lawyer. They told her the same run around story as me. How did you do it to get the documentation of what happened?

Hi,

I am sorry if this question has already been answered. I have been staring at a computer screen for a long time, and just can't seem to find the answer to my question, even if it's obvious!!

My fiance and I are waiting for our NOA2.

He was denied at POE on Feb. 7th, 2006, about a month before we filed the I-129. (He is from England.)

He was NOT deported, removed, or banned, just just denied; in fact they called it "deferred" (that is what his forms from the incident say). They even let him stay the night with me, but I had to have him back to the airport the next day.

They told him that he couldn't enter the US again without a valid visa. No more VWP.

Does he need a I-212? My inclination is to say no, but I am not sure. I have not seen anything on VJ that would acknowledge that he would, but I am just curious. probably a bit too late in the process to be quantifying this, but there ya go.

Any knowledge anyone has with this would be great, and I again apologize if this has been answered, I really did make an honest attempt to find this information out, but have been having a hard time. Even if it's just a link to a previous post/reply, I certainly understand.

Thanks!

[irishgirl73 0]

my man was denied & sent right back on the next flight out-I was on the other side of the wall (so sad) but he didn't have anything stamped in his passport-he was just denied entry. The cbp officers called & asked me a bunch of questions but they sent him home anyway

you could try to get the paperwork through the foia(freedom of information act), but that may take a while. My man just had his interview in Dublin-they didn't even mention his overstay-or the fact that he was denied a visitor's visa last year. He still didn't get the visa yet but we need another form.

being denied entry usually wouldn't be a reason to deny a k visa!

someone else will give you their two cents good luck!

[The_dip_sticks 0]

How do I go about getting the paper work of my Hubbys through the freedom of infomatin act?

my man was denied & sent right back on the next flight out-I was on the other side of the wall (so sad) but he didn't have anything stamped in his passport-he was just denied entry. The cbp officers called & asked me a bunch of questions but they sent him home anyway

you could try to get the paperwork through the foia(freedom of information act), but that may take a while. My man just had his interview in Dublin-they didn't even mention his overstay-or the fact that he was denied a visitor's visa last year. He still didn't get the visa yet but we need another form.

being denied entry usually wouldn't be a reason to deny a k visa!

someone else will give you their two cents good luck!

[irishgirl73 0]

I don't have the link but-I think I did a search for "FOIA form" and just printed it out. I never ordered his info, but I was going to because he never saw the paperwork they sent over to Ireland after he was denied entry here. It was brought up a little when he applied for a b2 visa, but he was ultimately denied for not having sufficient ties to Ireland.

try to do a search here on vj for FOIA-maybe you will find a link. The paperwork will take a while.

I am NO expert-someone else may be able to give you better info

Edited July 18, 2006 by irishgirl73

[kitkat1 5]

FOIA requests are supposed to be answered within 20 days: http://www.usdoj.gov/04foia/referenceguidemay99.htm#how

You can also make a request directly to the FBI to see what is on his record - takes longer and requires fingerprints

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

[whisper2me 0]

FOIA requests are supposed to be answered within 20 days: http://www.usdoj.gov/04foia/referenceguidemay99.htm#how

You can also make a request directly to the FBI to see what is on his record - takes longer and requires fingerprints

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

I'm just wondering what reasons Customs gave for refusing entry on the VWP at the POE????

Cheers