Denied Entry to USA on a valid Visa

[NigeriaorBust 4,087]

Immirant intent is different the " for immigration purposes" the classic Lagos denial reason. The first means intent to enter on a non immigrant visa with intent to stay ( without going through the proper process ) and the other means there is no valid relationship that you are just help a friend get into the US.

[ndu26 114]

I forgot this...a normal visitor do not travel with volumes of personal documentations...RED FLAG. He is a visitor with personal effects...that is immigration intent. CBP search luggages for signs of intent and they may have found many signs. If you are going to stay for five or six months...you are basically moving to a different place. You will take pretty much everything you have in your closet and drawers.....RED FLAG.

Hmmm reading this, i just remembered an incident that now makes sense. when I was filing for my mom last year, my brother was visiting with his family in december so I asked my mom to give him her civil documents to bring over for the NVC stage(to save postage money) and when they arrived, they complained that the officers searched them and kept asking about the documents. he had to explain several times that the documents were for his sister filing for her mom(we have different mothers). I found it weird but now it makes sense. Good info for the future.

[fredo1 0]

What ogamum is saying is that his previous trips and current issue might come up during interview.it did came out during my interview.the immigration officer asked me questions that were asked during my B1-B2 visa interview.how many time I applied and refused.reasons for refusal.i was shocked hearing him asking thesame questions I was asked 3 yrs ago.so he shouldn't downplay the idea.it might come up.everything he said during the tourist interview and the subsequent POE scenario are all documented with his finger print.don't be surprise to see bunch report generated during his background checks.

[Thatgirl2 21]

What ogamum is saying is that his previous trips and current issue might come up during interview.it did came out during my interview.the immigration officer asked me questions that were asked during my B1-B2 visa interview.how many time I applied and refused.reasons for refusal.i was shocked hearing him asking thesame questions I was asked 3 yrs ago.so he shouldn't downplay the idea.it might come up.everything he said during the tourist interview and the subsequent POE scenario are all documented with his finger print.don't be surprise to see bunch report generated during his background checks.

So what? They can ask all they want, and he will answer truthfully. By then he will be in the middle of a spousal visa and they can't deny his spousal visa because he stayed exactly six months on his visitors visa. Yes it will be an issue in a sense that it will come up and he will most likely have to relive that experience but he hasn't broken any immigration rules. Mind you they didn't deny entry based on what he had done, they denied him based on what they thought he would do this time.

[OgaMum 4]

There aren't any issues for "immigrant intent" with a spousal visa. A spousal visa IS for immigrant intent, so being denied entry for immigrant intent does NOT affect you.

The only issue here right now is what that piece of paper says.

Something must got lost in translation...so pardon me. Let try it this way....even if the petitioner file for a spousal visa for her husband i am concern with how his denial would look to USCIS. Yes..spousal visa is for immigration intent NOT visitor visa and he was denied entry on SUSPICION of immigration intent with a visitor visa.

He could be denied base on that alone. If people can get denied for simply stuttering and sweating...THIS IS GOLD MINE!

Are we on the same page?

[VanessaTony 3,567]

Something must got lost in translation...so pardon me. Let try it this way....even if the petitioner file for a spousal visa for her husband i am concern with how his denial would look to USCIS. Yes..spousal visa is for immigration intent NOT visitor visa and he was denied entry on SUSPICION of immigration intent with a visitor visa.

He could be denied base on that alone. If people can get denied for simply stuttering and sweating...THIS IS GOLD MINE!

Are we on the same page?

The denial of entry is irrelevant because it was most likely due to immigrant intent. it does not prevent him from getting a spousal visa at all. The denial of the entry on the visitor visa does NOT affect spousal visas... unless he signed something he shouldn't have. Which is why the piece of paper isn't important.

They have been married a while (I can't find a number of years though), and they own houses in Egypt and the US. Those 2 things alone speak well for the relationship.

[Xanax 349]

Something must got lost in translation...so pardon me. Let try it this way....even if the petitioner file for a spousal visa for her husband i am concern with how his denial would look to USCIS. Yes..spousal visa is for immigration intent NOT visitor visa and he was denied entry on SUSPICION of immigration intent with a visitor visa.

He could be denied base on that alone. If people can get denied for simply stuttering and sweating...THIS IS GOLD MINE!

Are we on the same page?

A denial at POE due to "immigration intent" won't affect the CR-1/ IR-1 application

Edited November 22, 2012 by Xanax

[OgaMum 4]

Let me repeat......he COULD be denied base on the denial of entry IF THE USCIS takes it the wrong way.

People can be denied for many reasons even if it is trivial. We aren't CO's and we don't have that power.

[Harpa Timsah 13,258]

Let me repeat......he COULD be denied base on the denial of entry IF THE USCIS takes it the wrong way.

People can be denied for many reasons even if it is trivial. We aren't CO's and we don't have that power.

Nope, denials of visas are not for trivial reasons.

[VanessaTony 3,567]

Let me repeat......he COULD be denied base on the denial of entry IF THE USCIS takes it the wrong way.

People can be denied for many reasons even if it is trivial. We aren't CO's and we don't have that power.

No he really can't be denied a CR-1 based on the immigrant intent of his visitor visa. There are other reasons they could use to deny a CR-1 but this entry won't affect him (outside of whatever that paper says, and because they could have kept copies of those texts from her (which they probably did) they could challenge that they don't have a bonafide relationship)... but again, being denied entry on a visitor visa for immigrant intent DOES NOT impact an spousal visa application.

The embassies have to have PROOF, or the lack thereof in terms of relationship, to deny people. Nigeria is exceptionally hard due to fraud.

[Xanax 349]

Nope, denials of visas are not for trivial reasons.

^ This

[Soju 5]

When I first read your story, I was wondering if it was in detroit, and I found it was in Detroit. That makes sense. I've been through this and I know the pain. They treated me exactly the same as how they did to your husband. No dignity. They laughed at you, they searched everything, went through my credit cards one by one, counted my money one by one, took everything they can find. They questioned me more than 5 hours and sent me back. Before this, I've been to US many times, POE at New York, New Jersey, Chicago, LA etc, never had experience like this. When I was using my B1/B2, every time I received 6 month stay on my I-94. I had no idea about US immigration law and I presumed that for tourist, you get 6 month every time you enter US. So when I landed in Detroit, the officer said he would give me 45 days this time and ASKED me if it was enough time? I had no idea that he actually digged a hole, I just honestly replied that "isn't is 6 month? everytime I came to US, the other officers gave me 6 month", he then followed his question"so you want to stay here for 6 month?", I said"no, I don't need that much time, I just think you will give me 6 month", he sent me to secondary. And the nightmare happened. I don't want to recall, but they did treat you like a criminal. They don't have consistent rules, if you have a "mercy" officer, he may allow you to call your employer, your friend etc. Other officers may not. The one who interviewed me, he first allowed me to make a call, then a guy looked like his supervisor refused me to do so.

Anyway, I was escorted by another officer to the plane, it was also Delta. This officer told me they actually have quota--how many people should be sent back everyday. I like this country, I think it stands for freedom, for rights, for your voice to be heard. But as an alien, we have nothing. No respect.

After secondary where you able to change 45 days to longer?

B1/B2 does not guarantee 6 months. It varies from 3 to 6 months as recorded by the Customers at the port of entry. Officer normally ask you what is your purpose of your visit? and depending on the answer they can grant up to 6 months or not..

B-1 visa is usually granted for 3 months or less and while B-2 visa is generally for 6 months.

[Noah Lot 391]

Until one is actually admitted to the US, other rules/laws don't apply (generally)...CBP can ask just about any question they wish of an arriving alien, search their luggage, etc....that's what helps keep America secure...instead of worrying about somebody's feelings. The security of this nation and its CITIZENS are a much higher priority than what somebody from another country thinks should be the focus.

[del-2-5-2014 1,339]

Until one is actually admitted to the US, other rules/laws don't apply (generally)...CBP can ask just about any question they wish of an arriving alien, search their luggage, etc....that's what helps keep America secure...instead of worrying about somebody's feelings. The security of this nation and its CITIZENS are a much higher priority than what somebody from another country thinks should be the focus.

Right, I agree up to a point.

The issue is the treatment of the visitors and application of our laws judiciously.

It incredibly devastating to endure the travel on a valid visa and then get turned around at POE after being treated like a member of The Taliban.

Why is it that I hear of this turn arounds mostly from MENAish types of places and I don't hear it as much from Europe?

Profiling is not a curse word so lets introduce it as acceptable in application of laws and so we can all move along.

[kzielu 1,149]

Right, I agree up to a point.

The issue is the treatment of the visitors and application of our laws judiciously.

It incredibly devastating to endure the travel on a valid visa and then get turned around at POE after being treated like a member of The Taliban.

Why is it that I hear of this turn arounds mostly from MENAish types of places and I don't hear it as much from Europe?

Profiling is not a curse word so lets introduce it as acceptable in application of laws and so we can all move along.

Because you're looking in wrong places. Poles get turned around at the POE all the time (happen to read polish immigration forums). And Poland happens to be NATO/EU member and has troops deployed alongside US forces. Put that against countries that clearly hosting terrorists and are essentially hostile towards US - do you really think they have anything to complain about ?