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US ban, can I pass through POE?

By AKF in General Immigration-Related Discussion

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AKF Newbie

AKF   0

Posted
Filed: Other Timeline
Posted

Hi,

I have a 10 ban from the USA due to an overstay when I was married to an American citizen.

However, I need to pass through America (ideally) to travel to other places. Can I do that - just a pure 2/3 stopover until my next onward flight?

Thanks in advance!!

Que Saudade Proficient

Que Saudade   284

Posted
Filed: AOS (apr) Country: Brazil
 Timeline
Posted

Hi,

I have a 10 ban from the USA due to an overstay when I was married to an American citizen.

However, I need to pass through America (ideally) to travel to other places. Can I do that - just a pure 2/3 stopover until my next onward flight?

Thanks in advance!!

Do you have to go through customs? If so, you may get pulled into secondary area for questioning, thus potentially causing you headaches and delays.

"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

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K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

Ryan H Grand Master

Ryan H   3,821

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Hi,

I have a 10 ban from the USA due to an overstay when I was married to an American citizen.

However, I need to pass through America (ideally) to travel to other places. Can I do that - just a pure 2/3 stopover until my next onward flight?

Thanks in advance!!

If you have ban, you cannot enter without a waiver and that includes transiting.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Que Saudade Proficient

Que Saudade   284

Posted
Filed: AOS (apr) Country: Brazil
 Timeline
Posted

If you have ban, you cannot enter without a waiver and that includes transiting.

Ryan, for sake of clarification. What would happen if someone was attempting to transit though US with ban? Would they be detained?

"I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant."

K1 Guides and Info

K1 AOS Guide

Link for Rio de Janeiro Consulate's instructions for K1 Visas. They give you this link instead of a packet 3. Everything you need for interview in Rio is here. Boa Sorte

Xanax Proficient

Xanax   349

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted

You cannot transit through the US with a ban as once you enter you are on US soil at the POE you are on violation of that ban. You should not be let in at POE without a waiver.

Sorry, that's probably not what you want to hear :(

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

AKF Newbie

AKF   0

Posted
Filed: Other Timeline
  • Author
Posted

Wow thanks so much for the very informative and speedy replies! No not keen on being detained!

Just one other thing - do you know if the US ban will show up when I visit Canada? They seem to share a lot of information. Wondered if it would effect my entry there?

Thanks so much!

Xanax Proficient

Xanax   349

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted

Wow thanks so much for the very informative and speedy replies! No not keen on being detained!

Just one other thing - do you know if the US ban will show up when I visit Canada? They seem to share a lot of information. Wondered if it would effect my entry there?

Thanks so much!

As far as I am aware even if they shared the information, Canada is a totally different and independent country. So even if they knew you were banned from the US it shouldn't affect you crossing through Canada. Though... I could be wrong.

Where are you trying to get to? From where?

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

AKF Newbie

AKF   0

Posted
Filed: Other Timeline
  • Author
Posted

Years ago when I went to Mexico through the US we were just put in a side room and not allowed into the airport. That was everybody plus I didn't have the ban then. Didn't go through customs.

I'm British but flying from Dubai. It was for transit to the Caribbean and Canada.

Thanks, Anna

Shiobhan Experienced

Shiobhan   235

Posted
Filed: Other Timeline
Posted

No one can transist thru US with a ban, but most countries know not to allow departing passengers with no valid visa on to

a plane bounded to the US.

Arrest, convictions & warrants out of the US R now in the Canadian system, if U fall afoul of any of these even a USC is turn around on the bride, taken off Greyhound, or have to fly back to US; all this startted since 9/11 . both countries share this

info, neither can Canadians come in without a waiver if they have criminal offences. Some of the terrorists came from Canada

to the US......Maybe U should check with Canadas immigration before U go there. I understand even little Barbados have some

criminal info up now ourtesy of the US & Jamaica will be getting this information system soon in their system.

Dakine10 Mentor

Dakine10   5,452

Posted
Filed: Other Country: Russia
 Timeline
Posted

No one can transist thru US with a ban, but most countries know not to allow departing passengers with no valid visa on to

a plane bounded to the US.

Arrest, convictions & warrants out of the US R now in the Canadian system, if U fall afoul of any of these even a USC is turn around on the bride, taken off Greyhound, or have to fly back to US; all this startted since 9/11 . both countries share this

info, neither can Canadians come in without a waiver if they have criminal offences. Some of the terrorists came from Canada

to the US......Maybe U should check with Canadas immigration before U go there. I understand even little Barbados have some

criminal info up now ourtesy of the US & Jamaica will be getting this information system soon in their system.

The OP only has a ban for overstay in US. There's no reason to check with Canada immigration.

QCjgyJZ.jpg

Kathryn41 Grand Master

Kathryn41   3,205

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

Is there anyway you can change your travel plans to change planes in Western Europe or England before travelling to Canada and then finding a direct flight from Canada to Mexico or the Caribbean instead of having to change planes in the US? Your US overstay would not prevent you from travelling to Canada or Mexico.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

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