Is he banned?

[lori27 0]

Hi everyone,

we have a somewhat complex situation and would really appreciate any insight anybody could give us. One year ago, my fiance and I spent some time in Canada together and decided to visit my relatives in the US. He is from a visa waiver country, so we just drove up to the border where they questioned us. Long story short: they said we could not go to the US together, took his fingerprints, typed up an interview and made us go back to Canada. In his passport, they handwrote the following:8 CFR 217.4 (A) (I)

Does this mean he was "deported" and we now have a ban or was he simply "turned away"? The whole scene was very odd and I still do not know why they denied him entry (although I was there). We subsequently filed an I-129f which got approved after 6 months. Then at NVC, they kept the file for 6 weeks due to "further investigation". Is all this a hint of him being under a ban? Also, he was in the US before and put in removal proceedings AFTER he had left (he left before his visa expired but they must have lost his "goodbye letter"). The proceedings were terminated by an immigration judge when we furnished proof of him having departed the country long before removal proceedings were initiated.

Any insight will be helpful since we are at a crossroads and do no want to waste 2 months until the interview if he will suely get denied. In that case I would move to his country. However, for professional reasons we need to make that decision asap.

Thanks so much and I apologize if this got long!

[Inky 1,110]

I did a search and found this

8 CFR 217.4 (A) (I)

(a) Determinations of inadmissibility. (1) An alien who applies for admission under the provisions of section 217 of the Act, who is determined by an immigration officer not to be eligible for admission under that section or to be inadmissible to the United States under one or more of the grounds of inadmissibility listed in section 212 of the Act (other than for lack of a visa), or who is in possession of and presents fraudulent or counterfeit travel documents, will be refused admission into the United States and removed.

Not sure what country he is from but there are other parts to it that state issues per country for this number. Maybe someone else has more information than I could find tho!

[emt103c 10]

Was he given any other paperwork? Did they give him something called an expedited removal? It would have been on the paperwork that he signed.

There are two options, either he was allowed to sign something to "withdraw" his request to enter, or he signed an expedited removal. If he was allowed to withdraw the application, then when he applies for an immigrant visa he will have no issues. If it was an expedited removal, then it is more complicated.

[lori27 0]

He had to sign a lot of paperwork but it was simply a copy of the interview they had with him (essentially the officers' questions and his answers to them). Nothing that he received said removal or withdraw. However, they had him sign a lot of papers that they subsequently kept without issuing copies. Could we call the POE and ask if it was an expedited removal or withdrawal? Any other way to find out?

[alex2012 0]

He had to sign a lot of paperwork but it was simply a copy of the interview they had with him (essentially the officers' questions and his answers to them). Nothing that he received said removal or withdraw. However, they had him sign a lot of papers that they subsequently kept without issuing copies. Could we call the POE and ask if it was an expedited removal or withdrawal? Any other way to find out?

Since he entered via visa waiver denial of entry does not count as removal. However anytime he apply for a visa he will have to go via more lengthy procedure in the embassy. Copy of the interview is necessary to obtain say tourist visa and it can be obtained by calling POE in question.

The stamp in his passport means that he eligibility to travel to the USA without visa have been cancelled for good and he needs visa to enter next time or face a potential arrest and ban if he tries to enter without a visa.

I say it pose no obstacle if you are American citizen other than few extra questions on the interview.

Alex.

[emt103c 10]

He had to sign a lot of paperwork but it was simply a copy of the interview they had with him (essentially the officers' questions and his answers to them). Nothing that he received said removal or withdraw. However, they had him sign a lot of papers that they subsequently kept without issuing copies. Could we call the POE and ask if it was an expedited removal or withdrawal? Any other way to find out?

Do a freedom of information request with the POE. http://www.cbp.gov/xp/cgov/admin/fl/foia/

Alex is wrong, expedited removals can be and are issued to VWP holders AND Canadians.