DS-156 Do I need a waiver?

[bluemonday99 0]

Hi,

I posted earlier about being refused entry to the US pending gathering proof of ties to Canada (which I did successfully and was let in the next day with no problems). But now I'm seeing a question on DS-156 that worries me.

It says by answering "yes" to #38, I could be "defined by law as inadmissable" and denied entry unless I get a waiver in advance.

Should I select yes for this question? and if so, do I need a waiver?

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 status or a public secondary school after November 30, 1996 without reimbursing the school?

The DS-160 form has a similar question about being denied entry, but it doesn't have immediate red flag like the DS-156. Also, the DS-156 form doesn't have a box to explain the situation. Help! What should I do??

[krautlaus 7]

You send in the DS-156 at the same time as the DS-160 (I personally don't know that form to be honest - I had the DS-230 to explain) so if you explain your situation in the other form, they will see what was going on - they're smart enough to figure that out.

Also on the DS-156 it says "While a YES answer does not automatically signify ineligibility for a visa, if you answered YES you may be required to personally appear before a consular officer."

It just means that you will have to explain in more detail what happened so they understand that you didn't try to commit a fraud. Same thing happened to me and I answered yes with each of those questions. Be honest and explain your situation and you will be fine.

All the best!

[Kimbear 53]

Just replied to your pm. For the standard refusal such as insufficient ties (which happens quite frequently) you do not need a waiver. Just explain as you did in your earlier post and you'll be fine.

I know the site is a bit hiccupy with the new layout but when you get a chance just update your info and timeline and feel free to head on over to the Canada forums if you want more specific info.