Refusal of Entry

[riss 12]

Thanks for the advice and thoughts, you guys. Funny timing for this thread to get revived. i'm overseas visiting family and originally I'd meant to go back to the US, but on the day that all your responses came in, I had just finally given in and booked a flight directly back to Australia. My fiance had spoken to two different immigration lawyers, supposedly top ones - both of whom had recommended me not trying to re-enter the US as an engaged person. Then based on the responses I'd had here, it didn't sound too hopeful either. I searched through every single thread I could find, here and anywhere else, on this topic, but in the end I just couldn't feel confident enough based on the range of information/opinions that I was able to find. When I saw all the positive experiences that some of you shared here a couple of days ago, especially with circumstances similar to mine, they gave me hope, and I began to wish I could change things around again. But I had just paid for a non-refundable ticket back to Australia, and in the end I think it'd be too much upheaval to everyone involved, if I tried to re-arrange all my plans again.

I called Qantas too to ask what would happen with my ticket if I was denied entry. They said that the rules of my ticket would not allow last-minute date changes and I would be required to purchase a new one at the exorbitant last-minute price. That was their take on it, anyway. There seems to be a whole range of opinions as to who pays for a return flight after a denial of entry - I've heard the whole gamut, I probably should have called US border security for an official answer but I didn't get round to it in the end.

I've been kind of sad about it all, as it's really not good timing right now for us to be apart and my fiance could really have done with my support/presence right now. But I've been recovering from an illness lately and I'm not in a very robust physical state - and I felt that if I was denied entry, the strain of the whole interrogation thing followed by two back-to-back 24 hour flights could be a bit much right at this time, probably not such a good risk to take. So I guess I'm just going to accept how things are and work on developing my capacity for patience. We've got all our documents just about ready to send in for the K-1 visa, so I'm just hoping we can make it through the next 8 months or so without too much hardship. It seems like a special skill of its own, learning how to manage and tend to a relationship via long-distance, when the only things you really have to express yourself with are video conversations and emails. I guess all you long-term members who made it through the wait, would know all about that, and would have gotten pretty good at it over the duration.

Anyway, thanks for listening and for all the input, everybody.

Riss

[Touch of Treble 39]

Hi there everyone.

My fiance and I got engaged recently while I was on a 3-month visit to the US on the VWP. We're now planning to apply for a K-1 visa, and I had hoped to visit him again soon, until I learned of the possibility that I could be refused entry at the POE. I read some very disturbing stories of people being intimidated, having their emails read, etc., and even one person who said he was taken off in handcuffs to a county jail cell overnight since the next available flight was the following day. I dearly want to visit my fiance again as it sounds like it could be many months before we have our K-1 visa - but I'm uncertain about what sort of risk I'm taking if there's a possibility of being 'sent home'.

Does anyone know exactly what happens, with a refusal of entry?

Specifically: Who pays for the return ticket? I read in some places that you pay for it yourself, and others said that the airlines that brought you in is responsible for taking you back at their own expense. Now, if it's you who has to pay for the return ticket, can you use the ticket you already have, and somehow get the date changed? (difficult to do last-minute I imagine) If I had to buy a last minute ticket back to Australia it would cost $3500 (!!!)

Secondly, is it normal for someone denied entry to be placed in detention, and does this really involve being locked in a cell or taken to a regular prison???

Thanks in advance for any insights/advice! It's so good to have a place to read about and share experiences with others who understand the joys and hardships of this journey.

Riss

Hi Riss,

I recently heard a story of an Aussie who was denied entry at LAX, they found the experience pretty bad and yes they were detained for 12 hours. Virgin Airlines had been the airline and they allowed them to use the return ticket to get back home and were very nice on the return flight. Apparently Virgin see that happening quite a bit, but not sure what frequency that means.

[missmissy 38]

Our experience with this - Lars was denied entry in 2008, after coming back and forth with me for 2 years. He was detained at JFK, allowed to make one call, to tell me he was being sent home, and kept there until his return flight, about 8 hours. They searched him, his computer, read everything they could access, made him give passwords, etc. The airline had him use his return ticket - so we paid for his return flight. Today, 4 years later - he has his greencard and has applied for ROC - he is still nervous going through the airport. Being denied entry had no effect on his getting his visa, we disclosed all the details.

[GandK 168]

Our experience with this - Lars was denied entry in 2008, after coming back and forth with me for 2 years. He was detained at JFK, allowed to make one call, to tell me he was being sent home, and kept there until his return flight, about 8 hours. They searched him, his computer, read everything they could access, made him give passwords, etc. The airline had him use his return ticket - so we paid for his return flight. Today, 4 years later - he has his greencard and has applied for ROC - he is still nervous going through the airport. Being denied entry had no effect on his getting his visa, we disclosed all the details.

Hi missmissy. Sorry that happened to him. Did Lars have any proof of ties to Denmark to show them at that time?

I just watched the national geo "catch a smuggler" and I'm going to visit my fiancée in two weeks.

Now I'm freaking out a bit haha

[skiptex 225]

Hi missmissy. Sorry that happened to him. Did Lars have any proof of ties to Denmark to show them at that time?

I just watched the national geo "catch a smuggler" and I'm going to visit my fiancée in two weeks.

Now I'm freaking out a bit haha

don't carry on 5 kilos of cocaine .. and you will be fine

[JimVaPhuong 4,863]

I called Qantas too to ask what would happen with my ticket if I was denied entry. They said that the rules of my ticket would not allow last-minute date changes and I would be required to purchase a new one at the exorbitant last-minute price. That was their take on it, anyway. There seems to be a whole range of opinions as to who pays for a return flight after a denial of entry - I've heard the whole gamut, I probably should have called US border security for an official answer but I didn't get round to it in the end.

As I stated in my previous post, the airline is required to provide you carriage back to your point of departure if you're denied admission. These are terms the airline must agree to if they are going to be allowed to land flights in the US. The US government isn't going to permit airlines to dump passengers in the US and then wash their hands of any responsibility if the passenger is denied entry.

Who pays for the return flight is determined by the airline's contract of carriage. This may vary from one airline to another, but I would bet the majority would at least want tacit agreement from the traveler that they will pay for the ticket or agree to reimburse the airline for the cost. I've read about cases where people were denied entry and didn't have any money to pay for the return flight. The airline still provided a seat for the traveler. In some cases they were subsequently billed by the airline. In other cases not. It just depends on the airline.

[skiptex 225]

good info jim..

i have often wondered about the procedures they used for denials.