K-1 after denied entry

[AM1620 4]

Hello,

I'm new to Visa Journey and just applied for our K1 today! I was wondering if anyone as had or has heard of a similar case to ours. A few weeks ago my boyfriend came to the US on a visa waiver. He had been here 3 times before that, both on VWP and on a student visa with no problems what so ever. So this last time, after hours of intense interrogation and threats to read his emails, he was denied entry into the US. The officer was trying to get him to admit that he was planning on getting married and staying. We didn't have any definite plans of that, but after the officer threatened to read his emails, and said if he finds anything he will be deported, my boyfriend admitted the possibility. After this he was told to sign some documents indicating that he had lied, and giving up his right to use the visa waiver program again. The reason he signed these documents is because the officers told him that if he did not, he would have many problems. The border patrol officers assured him numerous times that this only means he cannot use VWP but that he can come back on a visa. They also told him that immigration does not often separate couples, when they are bonafied. After he came back, we began thinking about our options, and after speaking with a few lawyers, we decided to go with the K-1 visa. We were told that this shouldn't hinder his chances of getting the visa, because it doesn't have to do with VWP.

I guess my question is whether anyone has experienced a case like this, or knows of anyone else who has. Does anyone know of anyone who received a K-1 after being denied entry? Is it possible that this will elongate the process?

Thank you!

[Penguin_ie 5,993]

We need to know what exactly he signed. Did they write anything in his passport, like some letters and numbers?

If he was just refused entry, it shouldn't have any effect on the K1 visa because he was refused entry due to immigrant intent, and the K1 visa is an immigrant visa. But you mention he signed something that he lied; this could mean they charged him with material representation, which can carry a ban from entering the USA.

[canadian_wife 1,822]

I was denied entry, had no bearing on our immigrant visa

however, if he signed something that said he lied, you need to know what that was. You also need to know what numbers or codes were written into his passport

Further, even with a B-2 visa, it will be exceptionally more difficult to have him visit the US

good luck

[AM1620 4]

Well in his passport was written, refused per 217.4 in Atlanta on 10/12/2010 by 0273. This only pertains to the visa waiver, that he can no longer use it. They didn't put anything else in his passport and they didn't give him any papers. Like I said, the officers themselves were telling him that he can still use a different visa, would they say this if they in fact were banning him? Wouldn't a person be aware of this? He's looking into getting copies or records of what was signed that day, but it takes quite a long time.

[TracyTN 237]

The officers at POE do not issue visas so they can't 'ban' him from anything in that respect. They HAVE banned him from using the VWP. The two are not related really.

As the prior poster mentioned, I am more concerned that he signed something saying he lied - also known as a misrepresentation - that is a HUGE no - no when seeking any sort of immigration benefit. What did the lawyers you talked to say about this? Did they see a copy of what he signed?

217.4 is the code for inadmissability which is just very general and likely innocuous; but the form he signed admitting he lied is more problematic.

[JimVaPhuong 4,863]

Well in his passport was written, refused per 217.4 in Atlanta on 10/12/2010 by 0273. This only pertains to the visa waiver, that he can no longer use it. They didn't put anything else in his passport and they didn't give him any papers. Like I said, the officers themselves were telling him that he can still use a different visa, would they say this if they in fact were banning him? Wouldn't a person be aware of this? He's looking into getting copies or records of what was signed that day, but it takes quite a long time.

Whether this will have any bearing on his K1 will depend on whether his removal was based on 217.4(a) or 217.4(b). Removal under 217.4(a) is for an inadmissibility, which doesn't come with an automatic ban, though it's still possible a waiver might be needed to overcome the inadmissibility. Removal under 217.4(b) is for an alien who is determined to be deportable, and is equivalent to being deported by an immigration judge. This usually comes with a ban which would require a waiver. Removal for suspicion of preconceived intent would usually fall under 217.4(a). Removal for material misrepresentation would usually be 217.4(b).

If he received a ban, the CBP officers would not be lying if they told him he could still use a different visa to enter the US. They would just be omitting the fact that he'd need a waiver to get a different visa. He really needs to find out what was the exact basis for his removal.

For others who might find themselves in a similar situation: Never EVER sign any document that contains false, misleading, or incomplete information, even if you think you must sign it in order to get the CBP officer to stop harassing you. Anything that constitutes an admission of fraud will usually result in expedited removal, which is usually accompanied by a ban from the US. If you stand your ground they will eventually offer you an opportunity to sign a withdrawal of admission, which usually doesn't have any severe consequences.

The same general advice applies to any dealings with law enforcement officers in the US. You are nothing more than a statistic to them - an extra point on their promotion scorecard - and they will attempt to badger you into signing a confession by making ludicrous promises or hollow threats.

[aranoller 0]

Hello,

I'm new to Visa Journey and just applied for our K1 today! I was wondering if anyone as had or has heard of a similar case to ours. A few weeks ago my boyfriend came to the US on a visa waiver. He had been here 3 times before that, both on VWP and on a student visa with no problems what so ever. So this last time, after hours of intense interrogation and threats to read his emails, he was denied entry into the US. The officer was trying to get him to admit that he was planning on getting married and staying. We didn't have any definite plans of that, but after the officer threatened to read his emails, and said if he finds anything he will be deported, my boyfriend admitted the possibility. After this he was told to sign some documents indicating that he had lied, and giving up his right to use the visa waiver program again. The reason he signed these documents is because the officers told him that if he did not, he would have many problems. The border patrol officers assured him numerous times that this only means he cannot use VWP but that he can come back on a visa. They also told him that immigration does not often separate couples, when they are bonafied. After he came back, we began thinking about our options, and after speaking with a few lawyers, we decided to go with the K-1 visa. We were told that this shouldn't hinder his chances of getting the visa, because it doesn't have to do with VWP.

I guess my question is whether anyone has experienced a case like this, or knows of anyone else who has. Does anyone know of anyone who received a K-1 after being denied entry? Is it possible that this will elongate the process?

Thank you!