How to know if I'm banned from entering the usa?

[Mariana17 0]

Hi everyone:

I was on a Student visa when I met my boyfriend in the USA,after my student visa expired, I left the states and came back to my country , then a week later I decided to go back to the states,Because I wanted to be with my boyfriend, this time on a tourist visa ( I already had a Tourist visa tho).I lived with my boyfriend for 1 year, I would go back and forth for that perior of time. meaning that I left the states every 2,3,4,5 or 6 months in order to keep my tourist visa. ( SO I ASSUME THAT I DIDN'T OVERSTAYED? ) since I didn't stay over 6 months ( period of time I was allowed to be in the usa on a tourist visa) but the last time my boyfriend and I came to my country on vacations, and when we went back to his country (USA) they found out I was "living" in the states on a tourist visa! so they took my visa away, and said that my boyfriend should apply for a fianceé visa for me to enter the USA again! but they never told me how long I have to wait to apply for a new visa, they only said I should apply for a new visa. My boyfriend sent in the fiancé application K1, but I have no clue if I'm banned and if so for how long? PLEASE HELP!!! I WOULD APPRECIATE IF ANYONE CAN HELP ME!!! I NEED TO KNOW IF I'M BANNED!!! I READ COMMENTS ONLINE AND MOST PEOPLE KNOW IF THEY ARE BANNED BUT I DON'T!

THANKS A LOT!! AND BEST OF LUCK!

[sn530 27]

I don't think you are banned if they just asked you to leave.... now if they took your visa away and officially deported you well that could be another story.... furthermore depending on how your story is told... I think what you were doing was getting to know someone better before you committed to a relationship which puts a person on a time line of 3 months to figure out what you want to do. However if you were having mail deliverd and claiming a place of residence then it's getting complicated. How did they take the visa away? Was it on your way in or out of USA? How long ago was this?

[KayDeeCee 4,896]

Hi everyone:

I was on a Student visa when I met my boyfriend in the USA,after my student visa expired, I left the states and came back to my country , then a week later I decided to go back to the states,Because I wanted to be with my boyfriend, this time on a tourist visa ( I already had a Tourist visa tho).I lived with my boyfriend for 1 year, I would go back and forth for that perior of time. meaning that I left the states every 2,3,4,5 or 6 months in order to keep my tourist visa. ( SO I ASSUME THAT I DIDN'T OVERSTAYED? ) since I didn't stay over 6 months ( period of time I was allowed to be in the usa on a tourist visa) but the last time my boyfriend and I came to my country on vacations, and when we went back to his country (USA) they found out I was "living" in the states on a tourist visa! so they took my visa away, and said that my boyfriend should apply for a fianceé visa for me to enter the USA again! but they never told me how long I have to wait to apply for a new visa, they only said I should apply for a new visa. My boyfriend sent in the fiancé application K1, but I have no clue if I'm banned and if so for how long? PLEASE HELP!!! I WOULD APPRECIATE IF ANYONE CAN HELP ME!!! I NEED TO KNOW IF I'M BANNED!!! I READ COMMENTS ONLINE AND MOST PEOPLE KNOW IF THEY ARE BANNED BUT I DON'T!

THANKS A LOT!! AND BEST OF LUCK!

Did you receive an I-94 each time you entered? It would specify the length of time you were able to stay. If you overstay more than 180 days, then you will get a 3 year ban. If you overstay a year or longer, it is a 10 year ban. Those are automatic. It does not sound like you were stopped from entering because you had overstayed and there was an automatic ban in place. It sounds more like the CBP officer noticed how many times you were using your tourist visa in a single year, and how much time you spent in the US vs. Mexico. He simply realized you were misusing your visa so he took it away. He also told you to apply for the K-1 visa if you want to be with your boyfriend in the US legally, which means getting married in the US after being approved for the K-1 visa. That way you can then adjust status and live in the US legally with your boyfriend(who would then be your husband) and be a permanent resident green card holder instead of abusing the tourist visa. It was not meant to be used to live in the US.

You would find out for sure if you have a ban or not when you would get to the K-1 interview stage of the process and the consular officer in Juarez denies you for being banned.

[Penguin_ie 5,997]

It doesn;t sound like you are banned, they just cancelled your visa.

Unless you lied about anything at the inspection/ interview, you should be fine.

Is anything written in your passport or did they give you any papers to sign?

[tigey 10]

The CBP officer used his discretion after noticing how often you entered and how long you stayed. You did not break any laws, you were not deported. A B2 is not to be used to live in the USA. Get a K1 like they told you to. Even if everyone on this forum says that you are "banned" that should stop you from applying for the K1.

[Mariana17 0]

thanks for your comments:

My boyfriend and I came to my country to visit my family, then we went back to chicago together and they found out I was "living" in the states on a tourist visa, so they decided to take my visa away, but Like I said before, they didn't tell me anything else other that I should get a different visa in order to go back to the states! that's it!.

[Mariana17 0]

thanks a lot for all your responses :

sn 530:

My boyfriend and I came to my country to visit my family, then we went back to chicago together and they found out I was "living" in the states on a tourist visa, so they decided to take my visa away, but Like I said before, they didn't tell me anything else other that I should get a different visa in order to go back to the states!

YAY KAY :

Yes I did have an I-94 form, while I was in the states.. as you should know, they give you that form every time you enter the usa, n u are supposed to return that form when you leaving the country... right?

I lived in the states for 1 year, on a tourist visa, but I would leave the country every 2,3,4,5, or 6 months, in oder to keep my tourist visa, so I'm assuming that I did not over stay ??? since I was allowed to stay for 6 months if I wanted and I left before that date... say the I-94 form said that I was allowed to stay untill July 14th then I would leave in May,June, or before July 14th.... and the only reason I was "living" in the states it was because I wanted to be with my boyfriend, that's the only truth....

PENGUIN E:

Yes there is something written in my passport :

A#200 298 539

212 (a) (7) (A) (i)

212 (a) (5)(A)

That's what they wrote down in my passport!

tigey:

Thanks for your comment! I appreciate it !

A#200 298 539

212 (a) (7) (A) (i) (l )

212 (a) (5)(A)

[NigeriaorBust 4,087]

Were you also working ?

[Boiler 46,359]

The second one suggests you were, or they thought you were.

[KayDeeCee 4,896]

212 (a) (7) (A) (i) (l )

212 (a) (5)(A)

212(a)

(7) Documentation requirements .-

(A) Immigrants.-

(i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-

(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a)

As was already mentioned in this thread, it seems you were denied entry and your tourist visa was cancelled because the CBP officer thought you had immigration intent and did not have an immigration visa. This is why he told you to get a K-1.

212(a)

(5) Labor certification and qualifications for certain immigrants.-

(A) Labor certification.

It appears you were either working while living with your boyfriend in the US, or the CBP officer thought you had been, or were planning on it.

You can read more about the INA visa ineligibilities here: http://travel.state.gov/visa/frvi/ineligibilities/ineligibilities_1364.html

[Mariana17 0]

Yes, they saw a txt msg from a friend of mine, saying that she was looking forward to see me , bc I was supposed to watch her baby for a little while, so they knew I was trying to get a job,I know I made a mistake but I never tried to apply for another job, I just wanted to be with my boyfriend.....He took care of me and I just stayed at his house the whole time, took care of his house and watched our dog, anyways..... I hope I can fix this, bc I'm madly in love witH him and I didn't think of the consequences of my actions at that time....that happened right before christmas, and the main reason I was trying to make some money it was because I wanted to get some christmas presents for my boyfriend and his family!!!! I used ALL MY CREDIT CARDS during my stay in the states,and I can prove it, I DID NOT WORK WHILE I LIVED WITH MY BOYFRIEND...I just wish he was from my country so I wouldn't have to worry about going back to the states ever again!!

[Boiler 46,359]

Did you pay your own fare to go home?

[Mariana17 0]

yay kay:

THANKS SO MUCH FOR YOUR HELP, I TRULY APPRECIATE IT!!!!

I JUST HOPE EVERYTHING GOES WELL, IT WAS NEVER MY INTENTION TO OVERSTAY OR TO TAKE ANY ADVANTAGE OUT OF THIS.... THEY SHOULD ALSO FIGURE THAT I DID ALL THIS BC I WAS ALREADY LIVING WITH THE PERSON I'M WILLING TO MARRY, AND THAT I DIDN'T HAVE ANY OPTIONS SINCE I HAD NO MONEY LEFT, AND DID NOT WANT MY BOYFRIEND TO GIVE ME MORE MONEY ANYMORE, HE SPENT LOTS OF MONEY WITH ME AND I FELT SO BAD FOR IT!!!

[Boiler 46,359]

I would not take that route, you had plenty of options.

[Mariana17 0]

NO I DIDN'T PAY FOR MY TICKET, I HAD NO MONEY LEFT ! MY BOYFRIEND WAS TAKING CARE OF ME,AND OF COURSE THEY DIDN'T LET ME SEE HIM TO AT LEAST SAY GOOD BYE TO HIM!!!! I BARELY HAD ANYTHING WITH ME, WHY ARE YOU ASKING THIS QUESTION??