Previous Visa Withdrawn - DS 230/156

[joseph22 0]

Hi. I have been following the boards throughout our application process and appreciate all of the great exchanges so far. It has been very helpful!!!

I have a question though that has been worrying us and we not quite sure what to think, so any thoughts would be kindly appreciated.

2 Years ago, my fiance was denied at the POE while on a tourist visa. Her passport was stamped "Application withdrawn" and she recieved a voluntary departure. No other information was ever given and we could nevr, through any research, find out what this was about, as she had not overstayed or violated any law we could think of.

Anyway, on two of the primary forms that she will recieve after the NOA2 (we are not there yet mind you), the DS-156 and DS-230, there are questions that seem to be relevant, but we are not sure. On the DS 156, Question 35 asked if we ever had a US visa canelled or revoked...i guess the answer is "yes". Then in box 38, the second item lists "refused admission to US" among other strong items...I guess this too is "yes" though we still dont even know why she was denied entry. What is this going to do to our petitiion? The seem like such redflag items and we are nervous.

On DS-230 question 32 is similar "...refused admission to US...explain"

Does anyone have any experience with former visas, tourist for example, that at some point had a problem, and how that may or may not have come into play for the K-1. We are desparately hoping for some good news. We would never lie or check no if the answer was "yes" but we hope this is not going to hurt us!!!!

Thanks!!!!!

[ChristinaM 0]

My belief is that if you have a "voluntary departure", you were not denied entry or a visa so the answers to both are "no". I'm sure someone with more knowledge will come along and confirm that for you though.

Could the reason for not getting through POE include saying "I'm here to visit my fiance" or spending more time in the US thabn the home country? That would be my guess...

Edited March 1, 2006 by clmarsh

[Mand 1]

On the DS 156, Question 35 asked if we ever had a US visa canelled or revoked It depends if she entered on a tourist visa or VWP. If it was VWP , then the answer is No

"refused admission to US" Answer YES to this question anywhere, as she was in fact refused admission and it will show up on their database.

I was denied entry on the VWP a few years ago and that was how we answered those questions.

As to the reason, "too many visits in too short a period of time". Voluntary departure means she wasn't deported (i.e. forcibly removed)

I hope this helps a little bit!

[ChristinaM 0]

Mand, doesn't "Application withdrawn" mean that they treat it as if you never tried to enter?

[Kajikit 65]

Yes she was denied... but it's hardly uncommon. I'm sure they see it all the time... Just state the facts - that she was visiting and refused entry on X date. They probably thought she had been making too many visits to the US and that she was a risk for overstay even though she hadn't ever broken a rule.

[joseph22 0]

Thanks so much. This is very helpful and gives us a great deal of peace of mind.

She will be applying at the London embassy...we are hoping this journey will be as short and successful!!

[Peter Miami 0]

Good info.

[joseph22 0]

Mand, doesn't "Application withdrawn" mean that they treat it as if you never tried to enter?

I have heard this before too.

Even more than one lawyer I have spoken to were not consisitent in really explaining what this meant. One said there probably would be no record retained of her being stopped at POE because it was voluntary and that it would have no bearing on any type of visa applied for at a later date. The other made it sound as if ultimately the person issuing the visa has final say, but I think they meant more in regards to tourist visas, which couldnt possibly carry as many legal obligations as a K1 during issuance.

I guess the bottom line is that after the incident, the visa in the passport was stamped "application withdrawn" meaning it was revoked, so we have to answer yes to that and the "denied entry" section. With so much border traffic and individual cases, I suppose it is safe to assume this is common and since nothing in our case seems problematic, we should go ahead assuming it could not affect an otherwise perfectly standing petition/application.....

Ahh...what a headache!

[Alt name 1]

This has come up before.

The refusal of admission, and the reason your fiance was refused, will be stamped in your fiance's passport. Ask your fiance to look for a "number" which should be written in the passport, and that number will correspond to the regulation that the immigration officer felt he/she should refuse entry.