Is it refusal or not?

[JustAnotherID 0]

A couple of years ago my wife and I went to the Border Patrol office at the Canadian border and asked the officer if it's possible to cross the border at a later time for the Thanksgiving holidays, which meant a stay of one to two weeks, I am an LPR and my wife has a B1 visa, the officer said no and gave us two choices, cross the border and return on the same day, or he "REFUSES" her entry(at least that's how I remember it) and we head back to Canada, since we had no intention of going to the US that same day, we accepted the latter.

Now we are filling out the DS-260 form for her,and there's one question regarding the entry to the US which states:"Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the point of entry?" I think she needs to report this, but she said since she turned down the entry herself and there's no record of anything on her passport, this should not be counted as refusal.

Anybody can give us some advice on this? Thanks.

Dan

[Operator 1,927]

So you went for the purpose of asking a question only or with the intent to cross the border? and, did they scan your passports?

[RICARDO4EVA2 194]

A couple of years ago my wife and I went to the Border Patrol office at the Canadian border and asked the officer if it's possible to cross the border at a later time for the Thanksgiving holidays, which meant a stay of one to two weeks, I am an LPR and my wife has a B1 visa, the officer said no and gave us two choices, cross the border and return on the same day, or he "REFUSES" her entry(at least that's how I remember it) and we head back to Canada, since we had no intention of going to the US that same day, we accepted the latter.

Dan

I cant seem to understand your post... but can try. I'd answer yes because she was refused entry into the US and had to return to Canada.

[JustAnotherID 0]

So you went for the purpose of asking a question only or with the intent to cross the border? and, did they scan your passports?

The purpose was just asking the question. I don't know if they scan her passport or not, should we go there again to ask this question?

[Operator 1,927]

After re-reading your post it seems that you chose the refusal and headed back to Canada. So I would say yes it was a refusal based on your explanation.

[Operator 1,927]

The purpose was just asking the question. I don't know if they scan her passport or not, should we go there again to ask this question?

I would wait to see if you get some advice from someone with more experience.

[Moosker 7]

I personally would say, I don't think so. From what I read, they said you could cross, but just for the day, or you could just not cross. They did not say - you cannot cross. You didn't like option 1, so you just decided to go home. Obviously I wasn't there, but if this was my situation, I don't think it's a refusal ---- but let someone else offer their advice.

[JimVaPhuong 4,863]

Did the CBP officer ever actually scan her passport?

Technically, she didn't apply for admission so she couldn't be refused. However, what an immigration officer will see depends on what, if anything, the CBP officer entered into the computer.

[JustAnotherID 0]

Did the CBP officer ever actually scan her passport?

Technically, she didn't apply for admission so she couldn't be refused. However, what an immigration officer will see depends on what, if anything, the CBP officer entered into the computer.

I have no idea what the officer did, I was thinking maybe I should call NVC or go to the CBP again, which is the equivalent of giving myself up.

[JimVaPhuong 4,863]

I have no idea what the officer did, I was thinking maybe I should call NVC or go to the CBP again, which is the equivalent of giving myself up.

Giving yourself up? I don't understand this comment. I thought you were an LPR, and it was your wife that was told she couldn't enter. What do you think you've done that you would be giving yourself up for?

[JustAnotherID 0]

Giving yourself up? I don't understand this comment. I thought you were an LPR, and it was your wife that was told she couldn't enter. What do you think you've done that you would be giving yourself up for?

I mean giving myself in. That if they didn't have this on record, now that I tell them, they have it.

[JimVaPhuong 4,863]

I mean giving myself in. That if they didn't have this on record, now that I tell them, they have it.

Ok, I understand. No, they aren't going to create a record of an incident just because you ask if they have a record of it. They either have a record or they don't. It's unlikely NVC is going to tell you anything. The only way CBP will give up this information through a formal contact is if you file a Freedom Of Information Act request. That could takes months or even years.

The easiest way would be for your wife to go to the border and try to cross. While she's there she can tell the CBP officer about the incident and ask if he can check the computer to see if there's a record of it. If not, then it didn't happen, and it would cause more problems than it would solve if she declared it on any immigration form. If they have a record of it, and it's actually recorded as a denied admission, then she'd need to declare it on any immigration forms.

[JustAnotherID 0]

thanks so much.