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Filed: Timeline
Posted (edited)

Hi everyone,

I recently joined this site because I'm hoping someone on here can give me any advice regarding a situation I encountered yesterday 2013/1/1

Situations prior to the event

-I have Taiwanese and Canadian nationality

-I was at the US studying a year ago with a F1 visa in high school which says it's from 2011/8/15 to 2012/6/15. I went back to Taiwan 2012/5/20

-I came to US with B-1 visa later on 2012/7/25 and stayed until 2012/12/20 in which I went to Canada

I tried to go back to the US from Canada yesterday 2013/1/1 with both my parents. We drove from Calgary down to Sweetgrass, Montana POE(port of entry). Me and my dad got denied entry and received I-275 under sect 212(a)(7)(A)(i)(I), and were asked to put our signature. However, me and my dad refused to sign. Later on we just went back to Canada to figure out what we should do next. They also specifically listed some "proofs" that we have to provide in order to get into the US next time, and they also said that I would probably also have to get a student visa. Some questions the POE asked me were

-What have you been doing in the US for so long? (2012/7/25 to 2012/12/20). (They probably think I was at school during that time, which I am NOT suppoed to be under B1 visa)

-How long do you plan on staying in the United States?

Questions:

-Does every US customs, POE, etc. in the whole country all have record of my denial of entry and the reasons of denial?

-Am I like, on their blacklist or something?

-If my mom goes apply for F-1 visa and me as F-2 visa dependent, and let's say we all succeed in applying. Might POE deny our entry even though we have F-1, F-2 visa?

-What kind of questions will the POE guys ask me from now on every time I try to get in the US?

-Do I still have to prepare those "proofs" that I don't want to immigrate even though I'm entering with F-2 visa next time?

Edited by johnnyataisg
Filed: Other Country: Brazil
Timeline
Posted (edited)

They denied your entry because they considered you a potential immigrant, and then they stamped 212(a)(7)(A)(i)(I). Considering you have a valid unexpired passport or a suitable travel document the only option left is that you do not have a valid unexpired immigrant visa According to INA 212(a)(7)(A)(i)(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 the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations".

regarding your questions

Yes ALL US customs, POE, etc. in the whole country have record of your denial of entry and the reasons as well.

You are not in their blacklist, but next time you try to enter they will scrutinize you more than usual . You have to prove that you have ties in your home Country and you will be visiting USA for a while and you will leave before expire your stay limit.

yes the POE has authority to deny anyone entry even when the individual has a valid visa.

With F2 visa you have to prove that you have adequate financing support through your stay in the USa( you can show that with bank statement or fellowship letter), evidence that you intend to return to your home country as soon you finish your study and prove you have ties in your Country as well. Here is one case of denied entry with F1 visa.

http://www.visajourney.com/forums/topic/250114-f1-visa-after-previous-denied-entry.

Entering the USA as a tourist they can ask questions such as if you are workiTng in your home Country and they might ask proof of that; if you have funds enough to cover the costs of your trip and ask prove of that etc. You need at least to prove that you are working or studying in your Country otherwise you look like a potential immigrant trying to find a better opportunity here.Good luck

Edited by sandranj
Posted

Thank you so much you've really helped me a lot!

One question though, that really isn't related to this.

Do they also have access to where you have gone to school as F1, or in some cases if you have gone to school without a student visa?

Of course! If you were on F1 visa that would require you to have a SEVIS form issued by the school you'll be attending. If you went to school and didn't have a student visa - they can connect the dots. There are questions on every visa application you have to fill out - listing work, education history - see what happens when you don't fill it out honestly and they find out.

ROC 2009
Naturalization 2010

 
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