Denied entry to US - what would you do?

[Blitz 3]

Hey guys! I would greatly appreciate your advice/thoughts! I told my story on another thread. To try to make a long story short (I'm not very good at that - ), I completed the DS-230 form last week and mailed it in to NVC.

As you prob know, one of the questions near the bottom is something like "have you ever been denied entry to the US?" Well, up until that point I had NEVER been denied entry.

.....BUT a couple days later, after I had already mailed the DS-230, I went to fly to visit my husband (with our daughter) for a couple weeks and the CBP officer at the airport denied me entry. Even though I understood it could happen, I just didn't think it would. My husband, daughter, and I were crushed, but it is what it is.

Anyhow, he gave me a form saying that he denied me entry b/c I did not have my immigrant visa with me (he had told me that I was already an "approved immigrant" as far as his computer said). He took my finger prints, took a picture of me (nice shot with my mascara running grom the tears!). What a lovely experience!

SO...my question is this....if you were me, would you call the NVC right away to let them know you need to change the answer to that question? They haven't even received it yet though. Or would you just wait to see if you get an RFE? Or would you just leave it and, if it's brought up at the consultate interview, address it then?

The CBP officer told me it would not affect my immigrantion; however, I want to make sure they don't think I lied on that form b/c I didn't. The form is dated Oct 20, and I was denied entry on Oct 24, so they can see it happened AFTER I filled it out and signed it. And I also have proof that it was sent (puralator) sent before I was denied entry.

I prob should've just waited to see if I was admitted before I sent it, but I just didn't expect to get denied as I had already traveled back and forth successfuly.

One more question! My husband (the USC) called and talked to the officer who denied me....he wasn't a jerk per say, but he was challenging/arguing his decision and asking lots of questions (most of which the officer couldn't answer). Do you think that will go on record and come back to bite me? I tried to "politely appeal" it a little myself, but I was in tears and obviously not successful with it. His mind was made up, and I knew he had the right to deny me for any reason.

Sorry, I was trying to be brief!

Edited October 27, 2009 by Blitz

[DeadPoolX 9]

Being denied entry won't affect your visa at all. I doubt your husband's comments will make a difference one way or the other.

[Flames9_RN 358]

When it comes to the interview they wil ask you and you wil say yes! has happened toothers and did not hamper them! Always tell the truth

Scott

[wmtc 0]

don't worry about it; i also was denied entry at poe, just tell the truth at the interview, Iam currently in the nvc stage, since you already mailed out your ds-230 form there is nothing you could do now. wait until your interview, if the co ask you the question just explained what happen. Your good to go.

Edited October 27, 2009 by wmtc

[Kathryn41 3,205]

The dates on the form and the date on the record will be very apparent. You didn't lie. At the interview if you are asked you will answer yes, you were denied (although I find it interesting that the border authority's computer showed you were already approved for the visa!) after you had returned the form. It won't be a problem for you - you can rest easy.

[Persona 0]

why did they deny you entry anyway ? i am going in a week and i stress out but i mean we have our interview date already so that be stupid of them to refuse me when we are so close..

[IR5FORMUMSIE 850]

When it comes to the interview they wil ask you and you wil say yes! has happened toothers and did not hamper them! Always tell the truth

Scott

I agree and always take it in stride. If you are refused, be polite and let them do what they want. You are not a criminal no matter how you feel. I've seen a few folks argue out of refusals but it doesn't happen often so go with the flow.

[Blitz 3]

Wheh!!! Thanks a lot, everyone!

Ebrech N Persona: In a nutshell, the officer said his computer showed I'm an "approved immigrant", so he couldn't let me in as a "visitor" (dual intent?). He said if it said "in process" he could let me in, but since I'm approved I need to come back with my visa. He even showed me the print off where it just said "approved" next to some abbreviation.

I tried to explain that I have NOT completed the process (that only my I-130 was approved) - that I still have to submit my I-864, do the medical, interview, etc. He said something like "well, that's all just a formality, you are approved". I even showed him a letter from NVC dated Oct 16, but he didn't even seem to know what the NVC was - NOT kidding!!!

I guess I had the bad luck of getting a jerk of an officer who clearly doesn't know much about the process! I know he had every right to deny me, but I was just in shock over the things he was saying.

I give more details on his strange comments, and a long, rambling account of my experience on another thread (it was theraputic to type it all out b/c I was so upset afterward). lol

Not sure how to link to it, so I'll just cut and paste the URL????

http://www.visajourney.com/forums/index.ph...15&start=15

Good luck!

Edited October 27, 2009 by Blitz

[IR5FORMUMSIE 850]

Wheh!!! Thanks a lot, everyone!

Ebrech N Persona: In a nutshell, the officer said his computer showed I'm an "approved immigrant", so he couldn't let me in as a "visitor" (dual intent?). He said if it said "in process" he could let me in, but since I'm approved I need to come back with my visa. He even showed me the print off where it just said "approved" next to some abbreviation.

I tried to explain that I have NOT completed the process (that only my I-130 was approved) - that I still have to submit my I-864, do the medical, interview, etc. He said something like "well, that's all just a formality, you are approved". I even showed him a letter from NVC dated Oct 16, but he didn't even seem to know what the NVC was - NOT kidding!!!

I guess I had the bad luck of getting a jerk of an officer who clearly doesn't know much about the process! I know he had every right to deny me, but I was just in shock over the things he was saying.

I give more details on his strange comments, and a long, rambling account of my experience on another thread (it was theraputic to type it all out b/c I was so upset afterward). lol

Not sure how to link to it, so I'll just cut and paste the URL????

http://www.visajourney.com/forums/index.ph...15&start=15

Good luck!

Blitz, it helps to vent. Unfortuantely sh*t like that happens, Mom had the same thing happen to her at Pearson. She was waiting to be scheduled for her interview at MTL at the time. She even had a roundtrip ticket to Las Vegas to visit my brother. The excuse officer gave was that she could, "redeem the return portion of the ticket in Las Vegas." #######????

[Blitz 3]

When it comes to the interview they wil ask you and you wil say yes! has happened toothers and did not hamper them! Always tell the truth

Scott

I agree and always take it in stride. If you are refused, be polite and let them do what they want. You are not a criminal no matter how you feel. I've seen a few folks argue out of refusals but it doesn't happen often so go with the flow.

Ya, I was just trying to make him understand that I'm still "in process", but I realize now that he wasn't changing his mind no matter what. As soon as I looked into his eyes, I knew what kind of guy I was dealing with.

My other question for you guys - would you dare to try to cross again? If I'm probably (unfortunately) a good 5+ months away from even getting an interview, I'm wondering if it is worth trying to make a shorter trip down again in the new year? But I imagine if they see you've been denied once, it's probably not smart to try again. Ah well.

[Blitz 3]

Blitz, it helps to vent. Unfortuantely sh*t like that happens, Mom had the same thing happen to her at Pearson. She was waiting to be scheduled for her interview at MTL at the time. She even had a roundtrip ticket to Las Vegas to visit my brother. The excuse officer gave was that she could, "redeem the return portion of the ticket in Las Vegas." #######????

Ya, sh*t happens alright! It really is just luck of the draw, I guess, with the officer you get, hey!?

The officer I had the last time was so different! Since I'm preggers, he was most worried about me becoming a "public charge". He said "I'm going to let you go, but how do we know you won't go down to the US and have your baby there?" I thought he'd understand that it could bankrupt us to have a baby in the US without insurance (my traveler's insurance covered me, not my unborn child), and that becoming a "public charge" would ruin my immigration chances!

BUT....in the end, he was a REALLY nice guy - helped carry our stuff to security, chattin' it up with my little girl, etc.

[darkchilde794 5]

First off, I am sorry this happened to you. It is such a horror story, especially from someone who is legally following the rules!

Not sure if you have received more important advice but if you planned to let the embassy know about this, perhaps it would be good to do so by e-mail and printing out the e-mail and their automated reply or any reply to show that kept them updated. Not sure about the validity of this email (or that if this is even necessary), but it might show that youre not hiding anything and you didnt intend to cross the board illegally.

Goodluck with your interview! *HUGS!*

PS I hope you remember the CBP person so when you cross again and its him, and he asks you why you were denied, you would be like, "Well I dunno, guess you were in a bad mood. I wasnt doing anything wrong..."

[IR5FORMUMSIE 850]

When it comes to the interview they wil ask you and you wil say yes! has happened toothers and did not hamper them! Always tell the truth

Scott

I agree and always take it in stride. If you are refused, be polite and let them do what they want. You are not a criminal no matter how you feel. I've seen a few folks argue out of refusals but it doesn't happen often so go with the flow.

Ya, I was just trying to make him understand that I'm still "in process", but I realize now that he wasn't changing his mind no matter what. As soon as I looked into his eyes, I knew what kind of guy I was dealing with.

My other question for you guys - would you dare to try to cross again? If I'm probably (unfortunately) a good 5+ months away from even getting an interview, I'm wondering if it is worth trying to make a shorter trip down again in the new year? But I imagine if they see you've been denied once, it's probably not smart to try again. Ah well.

Since refusals mean nothing try and try again. You can amend your application as many times as you want, fax, e-mail and mail the NVC and keep copies of all the stuff that you send in. You might even just write a letter asking them to amend the file. BTW, one more thing. When you try to cross next time remember to tell them that you're planning on having an anchor baby.

[trailmix 77]

Hi,

If I were you I would do nothing. Sending additional information to NVC that is not requested can very well end up slowing your processing down considerably.

The interview is your opportunity to present all new information, if required. Therefore you could make out a new DS-230, if it would make you feel more secure and present it at that point.

I doubt very much they will want one - but for your peace of mind.

You can try to visit again, chances are high you will be denied entry, so just make sure you buy a refundable ticket.

[Flames9_RN 358]

Agree with trailmix! Others that have been denied and that have been succesful visiting after that, as I recall were not photographed and finger printed, they were just told to voluntarily withdraw their entry into the USA and come back with sufficient ties to Canada. I would think since they photographed/finger printed, visiting may be a buit more difficult, but shouldn't cause you any harm at the interview. Just my 2 cents