Is entering U.S. and sent back to country(not deported) considered being in the U.S.?

[Dimples28 4]

If my fiance entered country as a minor, but was sent back on the plane to go home(he wasn't deported and never left airport) is it wrong to answer "No" to the question "Have you ever been to the U.S.? Lawyer in his country said it's not wrong and he just has to tell them at visa interview. Has anyone had or know of someone that had this situation?

[Dimples28 4]

In a correction to my topic. When I say entering U.S., I mean a U.S. airport.

[thelastpetitioner 218]

if your fiance did not get the stamp in US airport,then i assume it would be alright.if i remember correctly airports are considered neutral soils or something of that sort,meaning if you havent gotten the entering stamp,youre technically not in the country.but i could be wrong

Edited November 1, 2010 by ygr

[Dimples28 4]

Interesting...I know they kept his passport and he was told that he wasn't being deported. They actually let him walk around the airport until his flight back. It's been bothering me and I'm hoping that's not why petition hasn't been approved yet.

Thanks for the input.

[thelastpetitioner 218]

no problem,just for the peace of mind,you could contact the airport and ask them what happens in a situation like this

[RICARDO4EVA2 194]

If my fiance entered country as a minor, but was sent back on the plane to go home(he wasn't deported and never left airport) is it wrong to answer "No" to the question "Have you ever been to the U.S.? Lawyer in his country said it's not wrong and he just has to tell them at visa interview. Has anyone had or know of someone that had this situation?

The Lawyer makes no sense... why not put it on the Application BUT confess/tell at the interview..? What's The difference.. The rooot cause need to be known first...

CBP doesnt just turn around people ... why would his passport be held ..? Why was he NOT allow entry..?

HE's been to the USA yes but was not allow entry.

[Brother Hesekiel 2,236]

Great example of semantics.

You have died and are knocking on haven's door. They won't let you in. Have you been in haven or have you been to haven or would the refusal to be let into haven exclude both?

[Dimples28 4]

because his fingerprints will be in system so if he's asked about it obviously he will explain what happen. Im only asking about how the questioned, the why is not relevent to what im asking

[sachinky 465]

This is IMO, but he 'was denied entry at POE' and thus, has never been to the U.S.

[Dimples28 4]

This is IMO, but he 'was denied entry at POE' and thus, has never been to the U.S.

what does IMO mean?

[PurpleSky 19]

what does IMO mean?

IMO= In My Opinion

Question: what would be wrong with saying yes even if he didn't actually come in when they will see his prints in the system, they'll think he was lying?

[John+Lourdelie 28]

I would say YES but also add a supplement to the form explaining what the circumstances where. I would not want to take the chance of them having information of a possible entry and you saying there was no entry.

Best to lean toward the safer side.

John

[VanessaTony 3,567]

I would say yes he has.

My reasoning is. if people say "you ever been to LA?" I say "I've landed a few times at LAX". LAX is a US airport, therefore I've been to the US and been to LA. I didn't travel around sure, but I was certainly there.

On a form where it's a yes/no answer I would put yes, and then explain at the interview. Saying no looks like you're trying to hide something. Just like whenever I do those custom cards I tick "yes" whenever I'm not sure. Better to tick yes and explain then tick no and get charged.

[KittyPollitt 284]

Haven't you guys ever seen Terminal? With Tom Hanks? No seriously, I really don't think you're considered on US soil without an entry stamp on your passport and having left the airport..

[Dimples28 4]

I already filed as No. I didn't know about this incident until after filed,but we consulted with a lawyer and they said it was answered correctly.