DS-156: Refused entry in 2005, should I say yes to 38b?

[Spoom 8]

Hi folks,

I did a bit of searching around and looking in the guides and such, and while I saw some similar issues with this question, none were my exact problem.

I'm at the Packet 3 stage with my K-1 visa application at the Montreal consulate. Looking at DS-156, one of the subsections of question 38 (which basically says if you answer yes to any of these, you probably won't get a visa) reads:

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?

In 2005 I was refused entry to the United States due to immigration risk. I was given a checklist of things to bring back to the border in order to get through (bank account statement, lease, bills... anything showing ties to Canada). I attempted to get those documents faxed to me in Windsor, but ended up having to go home to London (Ontario) to get the remainder. I came back to the Detroit tunnel a week later and was admitted on an I-94 (yay getting the same immigration officer three times in a row...), which I turned over to Canadian customs when I left (within the allotted time on the I-94; I was never out of status).

Most countries, as I understand it, require a B visa to even get into the United States. Canada does not. This carries with it the risk that you'll be turned away at the border more easily, however.

My questions are these: Do I have to answer "Yes" to question 38b, and if so, what are the chances of it negatively affecting my visa application? I plan on attaching a note with my Packet 3 response explaining the situation to the consular officer.

PS: Avoid the Detroit tunnel if at all possible. I've always had a better time at the Ambassador Bridge. They seem like nicer people, for whatever reason.

Edited August 13, 2009 by Spoom

[Kimbear 53]

my understanding is that they have acces to that info in the computers at the interview and can look it up. i'd answer yes..be honest..it will not affect the visa..i was refused twice in december for insufficient ties to canda..same thing happen to me , they told me to bring info..i did refused again. haven't tried to go back since.

however ppl have gotten k1 even with a refusal like this. i posted a similar question back when i started the process.

[canadian_wife 1,822]

Yes, you answer yes to this question.

I was denied entry twice - approved with no difficulties. Think about it, if it was a HUGE issue, you wouldn't have been admitted after that. They just needed to see your ties to Canada, which you produced. It's a non issue.

[Gary and Alla 3,694]

Hi folks,

I did a bit of searching around and looking in the guides and such, and while I saw some similar issues with this question, none were my exact problem.

I'm at the Packet 3 stage with my K-1 visa application at the Montreal consulate. Looking at DS-156, one of the subsections of question 38 (which basically says if you answer yes to any of these, you probably won't get a visa) reads:

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?

In 2005 I was refused entry to the United States due to immigration risk. I was given a checklist of things to bring back to the border in order to get through (bank account statement, lease, bills... anything showing ties to Canada). I attempted to get those documents faxed to me in Windsor, but ended up having to go home to London (Ontario) to get the remainder. I came back to the Detroit tunnel a week later and was admitted on an I-94 (yay getting the same immigration officer three times in a row...), which I turned over to Canadian customs when I left (within the allotted time on the I-94; I was never out of status).

Most countries, as I understand it, require a B visa to even get into the United States. Canada does not. This carries with it the risk that you'll be turned away at the border more easily, however.

My questions are these: Do I have to answer "Yes" to question 38b, and if so, what are the chances of it negatively affecting my visa application? I plan on attaching a note with my Packet 3 response explaining the situation to the consular officer.

PS: Avoid the Detroit tunnel if at all possible. I've always had a better time at the Ambassador Bridge. They seem like nicer people, for whatever reason.

You need to answer yes, and in your circumstance it should not affect your visa. You were not denied entry for any reason that would cause a denial and have since been allowed into the US so there is obviously no bar to your entry.

[Ban Hammer 13,333]

moved from K-1 Fiance(e) Visa Process & Procedures to US Embassy and Consulate Discussion

the form in the op is used at that level.