Do I need a waiver?

[kizza 1]

Hi,

Im hoping someone can answer my questions.

Last April I was denied entry in the US. I was fingerprinted and photographed, and got a stamp that says:

I-275 EXECUTED

Application withdrawn pursuant

exc. chg: 212a(7)(A)(i)(I)

"TO DEPART FOREIGN"

Section 212(a) of the Immigration and Nationality Act reads:

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States: (7) Documentation requirements.-

(A) Immigrants.- (i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-

(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a).

Does this mean I was removed, or really just that they let me withdraw my application? I dont know what the difference is. I just know I wasnt deported. Should I have gotten a waiver before we applied for the K1?

We talked to customs and immigrations agents about my case before we applied, and they said there was no reason I shouldnt get approved, but after finding this forum I am getting doubts again.

Ive looked into this before, and I dont know if I was just much less familiar with all the immigration lingo and in over my head trying to make sense of it all, but Ive just noticed recently that it refers to me as an "Immigrant". I was not intending on immigrating at the time. Were they presuming that I was trying to? .... and ultimately, does it matter now?

Can anybody shed some light on this for me? Im sorry if im not very clear, it's 3am and I should be sleeping.

Edited November 16, 2009 by kizza

[SunDrop 59]

Hi,

Im hoping someone can answer my questions.

Last April I was denied entry in the US. I was fingerprinted and photographed, and got a stamp that says:

I-275 EXECUTED

Application withdrawn pursuant

exc. chg: 212a(7)(A)(i)(I)

"TO DEPART FOREIGN"

Section 212(a) of the Immigration and Nationality Act reads:

(a) Classes of Aliens Ineligible for Visas or Admission.-Except as otherwise provided in this Act, aliens who are inadmissible under the following paragraphs are ineligible to receive visas and ineligible to be admitted to the United States: (7) Documentation requirements.-

(A) Immigrants.- (i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-

(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a).

Does this mean I was removed, or really just that they let me withdraw my application? I dont know what the difference is. I just know I wasnt deported. Should I have gotten a waiver before we applied for the K1?

We talked to customs and immigrations agents about my case before we applied, and they said there was no reason I shouldnt get approved, but after finding this forum I am getting doubts again.

Ive looked into this before, and I dont know if I was just much less familiar with all the immigration lingo and in over my head trying to make sense of it all, but Ive just noticed recently that it refers to me as an "Immigrant". I was not intending on immigrating at the time. Were they presuming that I was trying to? .... and ultimately, does it matter now?

Can anybody shed some light on this for me? Im sorry if im not very clear, it's 3am and I should be sleeping.

You weren't deported because you weren't allowed to enter the country. So in terms of layman's language, you were refused entry. It looks to me like you didn't have adequate ID to be permitted into the US. I know that Canadians don't need any kind of visa but I think you do need a passport that is valid for at least 6 months after your permissible departure date. So for example, I travel on a British passport and the VWP, and my I-94s grant me 90 days in the country. This means my passport needs 9 months' validity in order for me to enter the US.

Being refused entry doesn't usually interfere with the K1 process.

Having said all of that, if your ID had sufficient time on it, it's possible that they applied the part about a valid, unexpired immigrant visa. This would suggest they believed your intent was not to visit but rather to immigrate and therefore you didn't have a suitable visa for this purpose (which would be your K1, even though it's technically a non-immigrant visa). Did they ask you for any proof that you have sufficient ties to Canada that would show your intent to return home? This could include employment, attending school, lease on your home, etc.

Again, being refused on this ground, if this is the case, shouldn't interfere with your K1. Just make sure when filling in the relevant forms and they ask if you have ever been refused entry, that you state that you have and cite the code they gave you in the appropriate place.

Whichever it is, it still doesn't preclude you from trying to go back to the US for a visit. Just make sure your ID meets requirements and you have proof of your intent to return. Your NOA1 is always a good thing to carry with you, because it shows you're going about immigrating in a proper manner.

Ed. to add: Double check on the Canadian regional forum (if someone doesn't tell you here!) that you won't now need some kind of visa. Thinking about it, if I ever were to be refused entry, I wouldn't be eligible to use the VWP again and would need to apply for a visitor's visa. But again, not sure where Canadians stand on this issue...

Edited November 16, 2009 by SunDrop

[canadian_wife 1,822]

Why were you refused entry? I was denied entry twice and we were approved with no problems.

Unless you lied to the CO about anything, you should be fine

Good luck

[kizza 1]

I was refused entry because they felt I had spent too much time in the US. I did have a valid passport with me.

No, I never lied to a CO. Thank goodness because the CO went to get my bf (now fiance) at baggage claim, who candidly confirmed everything I had said!

Thank you for your replies. It reassures me!

I had a bit of a late night moment of panic... eventhough I have looked into this issue before.

I knew I wasnt deported, because I was told repeatedly "The good news is, you werent deported!".

But Im still curious, what does "removed" mean then?

[kizza 1]

Ed. to add: Double check on the Canadian regional forum (if someone doesn't tell you here!) that you won't now need some kind of visa. Thinking about it, if I ever were to be refused entry, I wouldn't be eligible to use the VWP again and would need to apply for a visitor's visa. But again, not sure where Canadians stand on this issue...

Yes, I was told I now needed a visa to enter the US (which I was then told they don't give out to Canadians...).

The last custom's officer I talked to (who was very friendly & helpful) said he wouldnt buy any plane tickets if he were me... because I shouldnt be allowed in as it was, but that was still before we had applied for the K1, and within about 3 months of having been denied entry.

For now Im not going to try to go. My fiance is visiting me for the holidays and hopefully I will be entering with my K1 soon enough after that!

Thanks again for your help. I'll sleep better tonight.

[wmtc 0]

I also was denied entry once at poe, they fingerprinted me and said that i need to file a petition to cross. The officer reassured me that this would not affect our petition, and my lawyer also told me the same.

You should be fine.

[emt103c 10]

But Im still curious, what does "removed" mean then?

There are two different types of denial. Your first post says that you were allowed to withdraw your petition, in this case, it will not affect your k1 petition at all.

Now, the quote above confuses me. Who was removed? There is a process called expedited removal that happens to some Canadians at the border. In a case like that, you would need a waiver to be allowed to enter the US even on a k1.

[kizza 1]

But Im still curious, what does "removed" mean then?

There are two different types of denial. Your first post says that you were allowed to withdraw your petition, in this case, it will not affect your k1 petition at all.

Now, the quote above confuses me. Who was removed? There is a process called expedited removal that happens to some Canadians at the border. In a case like that, you would need a waiver to be allowed to enter the US even on a k1.

Sorry for the confusion. In my initial post, I was asking if I had possibly been removed... because I dont understand the exact definition of removal. I was wondering if "application withdrawal" and "removal" were synonyms. I was answered that I was simply refused entry, not removed.

Strictly for my personal knowledge, I am still curious to understand what a removal is, and how it is different from a deportation.

[emt103c 10]

Removal and Deportation are basically the same thing. The order itself when someone is deported from the US is called an Order of Deportation and the person themselves is "removed." At the border when someone is deported it is referred to as an "Expedited Removal" and has basically the same effect as a deportation but the person is actually "removed" without seeing an immigration judge. They are basically just told to go back, but the record of their removal is permanent.

[kizza 1]

Removal and Deportation are basically the same thing. The order itself when someone is deported from the US is called an Order of Deportation and the person themselves is "removed." At the border when someone is deported it is referred to as an "Expedited Removal" and has basically the same effect as a deportation but the person is actually "removed" without seeing an immigration judge. They are basically just told to go back, but the record of their removal is permanent.

Thanks for the clarification!

I suppose you'd have to have something in your file already to warrant that, e.g. a serious red flag, overstay, etc.?

[*Giuly and Rocky* 0]

I had your same doubt when they denied me entry in 2007 but I got my K1 Visa with no problem and now I have my green card. They wrote on my passport "Application withdrawn " as well...they only pain in the a** is that when I got back with my green card after visiting Italy (last week), they still took me to second inspection and told this is gonna happen everytime I leave and re-entry the country because of my previous denied entry! I actually got kind of paranoid when I was waiting for them to talk to me but the officer just asked me how I got my green card (i showed him the marriage licence and told him I had with me all the documents since my K1 Visa application) and how long I stayed in Italy...not very nice after all the work we put in getting the green card the right way...but I guess there is nothing u can do about it!

[kizza 1]

I had your same doubt when they denied me entry in 2007 but I got my K1 Visa with no problem and now I have my green card. They wrote on my passport "Application withdrawn " as well...they only pain in the a** is that when I got back with my green card after visiting Italy (last week), they still took me to second inspection and told this is gonna happen everytime I leave and re-entry the country because of my previous denied entry! I actually got kind of paranoid when I was waiting for them to talk to me but the officer just asked me how I got my green card (i showed him the marriage licence and told him I had with me all the documents since my K1 Visa application) and how long I stayed in Italy...not very nice after all the work we put in getting the green card the right way...but I guess there is nothing u can do about it!

Thanks for your reply, and the heads up. That is a pain in the @ss. Good to know, wont be able to do short layovers, huh? Could they be exagerating and will eventually stop, after so many re-entries.... Are you still using the same passport that has the stamp in it? I guess it's a small price to pay to be with your loved one, but I'll have to make sure to travel with marriage certificate and all.

I wonder if I could have issues if I travel with AP only, before I get the green card. Someone was mentionning something to that effet in a different post.

[wmtc 0]

I was driving when i tried to cross the border in Aug/09, they denied my entry and they just took my fingerprint and they did not stamp anything in my passport, Co told me I have to file a I-130 and get it approved to cross again, because i'm married to an USC. I've seen people here in VJ who had multiple denied entry and in some cases an overstay which was less than 180 days and get their visa approved, so be truthful in your application and your interview.

Edited November 19, 2009 by wmtc

[emt103c 10]

Removal and Deportation are basically the same thing. The order itself when someone is deported from the US is called an Order of Deportation and the person themselves is "removed." At the border when someone is deported it is referred to as an "Expedited Removal" and has basically the same effect as a deportation but the person is actually "removed" without seeing an immigration judge. They are basically just told to go back, but the record of their removal is permanent.

Thanks for the clarification!

I suppose you'd have to have something in your file already to warrant that, e.g. a serious red flag, overstay, etc.?

. . .not always, sometimes you just have to have travelled to the wrong countries. . .or be the 'wrong' religion, or have been born in the wrong country, or all three. . . that makes a great mess. . .

Edited November 20, 2009 by emt103c