Denied entry; Are we banned?

[shogimatt 0]

Hey am sorry to hear you note i was in the same boat, i had travelled to be with my Fiance in USA a few weeks ago, naively we had not read to much of VISA JOURNEY(we have now) i had planned to come over on the travel visa for 80 days and return in the new year, i was also stopped and denied entry and was told the same i would NEVER be able to enter the country under this travel visa again due to me being denied entry, they did explain to me the process of the visa i needed to apply for and that it would not effect our application, i know right now beleive me how stressful it can seem but what to do is apply for the correct visa and take it from there we did and are waiting to hear back. good luck Liam & Kara

It's really great (although saddening) to hear that this has happened to others. Good luck to you!

One question: did they give you any paperwork?

[shogimatt 0]

The numbers they wrote in her passport where they stamped the denial will give you answers. They are a series of numbers relating to the "offenses".

A denial will NOT have a negative effect on your immigrant visa. The best one, so I here is the CR-1. K3 isn't so good. Do some reading and asking questions, before you throw $$ at a lawyer.

Good luck to you both.

Thank you!

The numbers that were written are:

8 CFR 217.4 (o)(1) ... and then her alien number

I looked up section 217.4 and it looks like (o) doesn't exist, but (c ) does. The paragraph reads:

(c )(1) Removal of inadmissible aliens who arrived by air or sea. Removal of an alien from the United States under this section may be effected using the return portion of the round trip passage presented by the alien at the time of entry to the United States as required by section 217(a)(7) of the Act. Such removal shall be on the first available means of transportation to the alien's point of embarkation to the United States. Nothing in this part absolves the carrier of the responsibility to remove any inadmissible or deportable alien at carrier expense, as provided in the carrier agreement.

Unless there is actually a (o) section, it seems that all that was written on her passport was that she is being removed at her own expense because she is inadmissable.

This doesn't say anything about her (possible) "misrepresentation". Does this mean that she wasn't charged as such?

Thank you for your help. This forum really is a great place...

[canadian_wife 1,822]

Could the (o) actually be a ©?

What did they say about her misrepresentation when she was denied? Did she sign anything as such?

[YuAndDan 153]

One thing to keep in mind, WAIT for it to come up at the visa interview.

You can only file a waiver at the request of the interviewing officer not before.

[MonkeyJuice 3]

My wife was denied entry on the Visa Waiver Program shortly after we got married. I posted about this previously in another thread:

http://www.visajourney.com/forums/index.php?showtopic=157577

My wife was detained alone, and so I didn't get to hear what they said to her. Given her emotional state at the time and that she isn't a native English speaker, it's no surprise that we don't have a clear understanding of what they "charged" her with, and what the consequences are.

They had her sign many papers, and didn't leave her with any copies. Is there a way to find out what happened and what it means for her visa chances?

I've been told on this forum that a denial of entry under the VWP will not influence our chances of getting other visas like the K-3 or the green card. However, my wife remembers them telling her that she couldn't come back on the VWP for the rest of her life (I seem to remember them saying that this would only last for five years, although by this point I've read so many cases that I can't trust my own memory on her case), and sometimes she thinks they told her that she could never come back on any visa at all (they never told me this). They also told her there were 7 reasons why she was being denied, ... I'm not sure if they were "serious" offenses, or if they were just dotting their i's and crossing their t's in order to send her back to Japan legally.

There is one thing that makes us worry a bit. A while ago, she tried at the embassy in Japan to get a tourist visa to visit for 6 months (oh how innocent we were). That was, of course, denied, and we forgot about it and started meeting under the VWP. When she was detained this last time while attempting to come in on the VWP to visit, she (and I) had completely forgotten about her earlier attempt to get a bona-fide tourist visa. The officers told her she had lied about not having been refused a visa before, and this was one of the strikes against her.

Thank you for reading this long post. My basic question is: can we find out somehow what the effects of her denial of entry (and her previous tourist visa refusal) are? Or is it just that denial of entry under the VWP is never a serious mark against you in the K-3/DCF process?

Hey am sorry to hear you note i was in the same boat, i had travelled to be with my Fiance in USA a few weeks ago, naively we had not read to much of VISA JOURNEY(we have now) i had planned to come over on the travel visa for 80 days and return in the new year, i was also stopped and denied entry and was told the same i would NEVER be able to enter the country under this travel visa again due to me being denied entry, they did explain to me the process of the visa i needed to apply for and that it would not effect our application, i know right now beleive me how stressful it can seem but what to do is apply for the correct visa and take it from there we did and are waiting to hear back. good luck Liam & Kara

Wow...so you travelled from the UK and were denied entry? Why was that? Did you mention your fiance? I am currently in the US using a VW and I was asked for my reasons for staying for 88 days. I just said I was visiting my boyfriend. (I also wore my engagement ring on my other hand!)

[shogimatt 0]

Could the (o) actually be a ©?

What did they say about her misrepresentation when she was denied? Did she sign anything as such?

Well, they just said that she didn't mention her earlier having been refused a visa. I don't know if they chose to turn that into the kind of misrepresentation charge that would cause us problems down the road.

We're not really sure what she signed. Is there a way to find out? I think maybe the (o) is meant to be a (c ). It's most definitely an (o) as written on her passport, though.

I've heard that when people have offenses that involve bans or other penalties, they often get handed a waiver of ineligibility and are told they need to file it when they apply for a visa. She was not handed one of these.

Thank you for your help!

[shogimatt 0]

One thing to keep in mind, WAIT for it to come up at the visa interview.

You can only file a waiver at the request of the interviewing officer not before.

I seems that's what we'll have to do. We'll just have to keep our heads on straight and not worry until then.

Although, I'm contemplating calling a lawyer to find some way to verify there isn't a ban or serious offense on her record...

[emt103c 10]

I'd be concerned about the material misrepresentation issue. She lied when asked if she'd been denied a visa before. "I forgot" is not an excuse. I'd ask about this in the waivers forum.

Thank you for telling him about the waivers area. He was getting really inaccurate and incomplete information in this section and all the information he needs is over there and a few other websites.

The Misrep charge REALLY makes all the difference in the world.

Thank you.

One thing to keep in mind, WAIT for it to come up at the visa interview.

You can only file a waiver at the request of the interviewing officer not before.

I seems that's what we'll have to do. We'll just have to keep our heads on straight and not worry until then.

Although, I'm contemplating calling a lawyer to find some way to verify there isn't a ban or serious offense on her record...

You do not want to wait until the interview to start preparing the waivers. A good package can take months to prepare. . .all that time wasted if you just wait.

[Marmite Lovers! 0]

The numbers they wrote in her passport where they stamped the denial will give you answers. They are a series of numbers relating to the "offenses".

A denial will NOT have a negative effect on your immigrant visa. The best one, so I here is the CR-1. K3 isn't so good. Do some reading and asking questions, before you throw $$ at a lawyer.

Good luck to you both.

Thank you!

The numbers that were written are:

8 CFR 217.4 (o)(1) ... and then her alien number

I looked up section 217.4 and it looks like (o) doesn't exist, but (c ) does. The paragraph reads:

(c )(1) Removal of inadmissible aliens who arrived by air or sea. Removal of an alien from the United States under this section may be effected using the return portion of the round trip passage presented by the alien at the time of entry to the United States as required by section 217(a)(7) of the Act. Such removal shall be on the first available means of transportation to the alien's point of embarkation to the United States. Nothing in this part absolves the carrier of the responsibility to remove any inadmissible or deportable alien at carrier expense, as provided in the carrier agreement.

Unless there is actually a (o) section, it seems that all that was written on her passport was that she is being removed at her own expense because she is inadmissable.

This doesn't say anything about her (possible) "misrepresentation". Does this mean that she wasn't charged as such?

Thank you for your help. This forum really is a great place...

I don't claim to know a huge amount about these cases, but a little. Is the (o) an (a)?

I suggest you get some advice my friend.