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

[amykathleen2005 441]

Well be ready with an explanation at the interview as to why you were confused with the question. No matter what it seems like an honestly confusing situation so the IO should be understanding as long as you are upfront about it if questioned later.

[RichiJenny 14]

you may have chance to correct it at thenvc stage or contact the uscis and ask to add an addendum. better than that to be questioned about misrepresentation. thats something to steer clear of. always be upfront with hard facts. thats just my opinion though.

[daredra 2]

I worked as a check-in agent, so was trained to know these kind of questions. You enter a country after you were cleared at customs. NO, he has never been to the US techincally. YES, they might have his fingerprints and all data in the computer but those data will tell that he was denied entry, so he hasn't lied. It might come up at the interview, just answer sincerely and it will never be a problem. I hope this helps.

[Gary and Alla 3,694]

His answer to this questions is, correctly, NO he was never in the US. However he will have to answer YES to the question about ever being refused entry to the US.

Neither should have any affect on the visa

[Gary and Alla 3,694]

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.

Your answer is absolutely CORRECT. Until you PASS the POE you are NOT in the USA. Period. No question about it.

He WILL be asked on later forms if he was ever refused entry into the US and his answer to that is YES. Unless he was refused fro being an international terrorist or smuggler or something, it will have NO EFFECT on the visa. Answer honestly.

[Dimples28 4]

Thank you guys! this is very helpful information.

[C and Lore 3]

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

I definitely agree. I'm not sure the yes matters though as much as explaining the situation. You can be rest assured the US government does absolutely nothing without making a notation of it somewhere. Somewhere out there its likely they have a note they refused entry to he/she. Now at this point since you already sent it I would be prepared to explain this at any interview or if you received any notification from USCIS prior to petition approval.

[JimVaPhuong 4,863]

His answer to this questions is, correctly, NO he was never in the US. However he will have to answer YES to the question about ever being refused entry to the US.

Neither should have any affect on the visa

This is my interpretation of the question, as well. I believe being "IN" the US is roughly equivalent to having "ENTERED" the US. At an airport, you haven't entered until you've been admitted by CBP.

Since the question is subject to interpretation, I seriously doubt they're going to hit anyone with an accusation of misrepresentation if the answer can be explained reasonably, even if USCIS interprets the answer as being incorrect.

[Myopia 93]

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?

He was a minor in any event so even if he was deported or refused entry or any of the sort, it shouldnt affect his application now.

[Casprd 167]

Your answer is absolutely CORRECT. Until you PASS the POE you are NOT in the USA.

Bingo

The Domestic terminal and the international arrivals/immigrations area are two different things. If you arrive on an international flight, you have not entered the US until you pass through immigrations. This isn't unique to the US. When travelling through other countries it is generally the same thing. Europe being the exception because of the Schengen visa.

[Gary and Alla 3,694]

This is my interpretation of the question, as well. I believe being "IN" the US is roughly equivalent to having "ENTERED" the US. At an airport, you haven't entered until you've been admitted by CBP.

Since the question is subject to interpretation, I seriously doubt they're going to hit anyone with an accusation of misrepresentation if the answer can be explained reasonably, even if USCIS interprets the answer as being incorrect.

The second part of your answer is also correct. They are particularly sensitive to knowingly false answers (which this would not be in any case) and to "material misrepresentations", that being items which can affect the decision of whether to approve a petition or a visa. This would not.

It is really a non-issue at this point

[argie 0]

hi, i've been in the same situation as your boyfriend. I was sent back without being deported. I do not consider thats as ever being in the us, specially cause there is another question that is have you ever been denied the entry to the us?, and that is where you should explain.

Good luck!! let me know if you have any questions. By the way my NOA2 was approved with no RFE or anything, it did take almost five months though, same as everybody else!

[sus 70]

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?

Just for future reference - if you decide to contact a lawyer, I would use a US based lawyer - lawyers in Jamaica are NOT familiar with US law and procedure, and will not always be accurate in this process.