B2 Reentry after VWP violation

[masscam 0]

Any advice will be much appreciated!

My gf was denied entry into the States 3 days ago after attempting to re-enter via VWP.

I am not sure whether she was deported or merely denied entry because:

- In her passport, there is a 8CFR217.4(a) stamp (which having read other posts here, I assume it merely denotes inadmissibility)

- But in her I-877 form, the reason stated for her denial of entry was that she violated the VWP rules by taking classes (<5 hrs/week) during her previous 3 month stay in the country and that she would be subjected to deportation

My question is whether someone has been in a similar situation and whether they could clarify whether she is indeed being deported or denied entry?

Because the implications for deportation as I understood is a 5 years ban while I'm unclear for a denial of entry ...

Also, whether it would hurt her chances of re-entering on the B2 visa and what would be the recommended time frame before applying for it?

Thanks so much for any help here!!

[Boiler 45,549]

Her chances of a B are limited, just wonder how they knew she was studying? Something to try maybe in a few years?

From an Immigrant point of view it does matter whether she was removed or refused. I have seen lots of discussions on this, if it was not for the studying bit I would suspect refusal.

The only certain ways you can find out is Freedom of Information request or a Visa/Petition request.

Assuming she has a ban and you are going the Immigrant route, you will be able to file a waiver.

[masscam 0]

Thanks Boiler for your comments.

They found out that she was taking some casual classes after they questioned her for over 3+ hrs and she let it slipped. She was under the impression that it was legal anyways as it was merely for fun and 4 hrs a week.

Another thing to mention is that she paid for her own flight back the very same day- I've read that deportation proceedings are not at your own expense so maybe this is just a denial of entry?

[Boiler 45,549]

Probably was a denial. That would be usual.

She used the other half of her return ticket?

But there is no guarantee.

Edited November 14, 2008 by Boiler

[spookyturtle 9,466]

Was she allowed to withdraw her application for admission? This is the least serious. Next would be expedited removal which is basically deportation without an appearance before a judge.

[masscam 0]

She's not sure- it was a very stressful period for her and they peppered her with numerous questions etc and she isn't sure what she said or signed.

But wouldn't the 8CFR217.4(a) stamp indicate whether she was deported or not? Since I've read that the 8CFR217.4(B) stamp is for deportation ...

But as Boiler said, we will most prob find out by going for a visa application ...

Any thoughts here will be appreciated!