Was I denied entry with Expedited Removal?

[ocean72950 0]

Hi, everyone!

I am currently filing I-130.

I was refused to enter US few months ago before starting I-130 petition, and was wondering if it was expedited removal...

For reasons below, I'm assuming it was not.

- My passport stamp says "Refused in accordance with INA Sec 217(refused VWP)", not " INA 235(b)(1)(Expedited removal)"

- I did not receive I-867A/B (Record of Sworn Statement in proceedings under Section 235(b)(1) of the act)

- I did not receive I-860 (Norice and Order of Expedited Removal)

- Received I-877, it does not state "expedited removal" or its charge (5 year bar to re-entry)

I am not sure though, and I really appreciate if anyone could give me some information or advice on this.

Thank you.

[FatuousJeffrey 0]

Hi, everyone!

I am currently filing I-130.

I was refused to enter US few months ago before starting I-130 petition, and was wondering if it was expedited removal...

For reasons below, I'm assuming it was not.

- My passport stamp says "Refused in accordance with INA Sec 217(refused VWP)", not " INA 235(b)(1)(Expedited removal)"

- I did not receive I-867A/B (Record of Sworn Statement in proceedings under Section 235(b)(1) of the act)

- I did not receive I-860 (Norice and Order of Expedited Removal)

- Received I-877, it does not state "expedited removal" or its charge (5 year bar to re-entry)

I am not sure though, and I really appreciate if anyone could give me some information or advice on this.

Thank you.

Hi there,

You mentioned that you received an I-877: was this a copy of your Sworn Statement to the USCIS officer that denied your entry under the VWP?

If so, that should contain the exact part/section of the INA they denied you entry under.

I was inadmissible pursuant to Section 212(a) (7) (A) (i) (I), and was recently approved for a K1 Fiance visa.

What did they say they refused you for?

[ocean72950 0]

Thank you for the reply!

I was refused for the same thing, 212(a)(7)(A)(i)(I).

I heard some cases, CBP officers apply Expedited removal when refusing for 212(a)(7)(A)(i)(I). (I believe it's very rare though...)

I had no idea how to find out if I was denied with Expedited removal.

It's really good to know that your visa was approved with no problem after you were being denied entry.

Congratulations! I feel a little less worried now.

Thank you!

[FatuousJeffrey 0]

Thank you for the reply!

I was refused for the same thing, 212(a)(7)(A)(i)(I).

I heard some cases, CBP officers apply Expedited removal when refusing for 212(a)(7)(A)(i)(I). (I believe it's very rare though...)

I had no idea how to find out if I was denied with Expedited removal.

It's really good to know that your visa was approved with no problem after you were being denied entry.

Congratulations! I feel a little less worried now.

Thank you!

I've heard they can apply Expedited removal for 212(a)(7)(A)(i)(I), but more likely for willful fraud or misrepresentation.

If you're not sure, then contact USCIS when you send in your Petition and ask for clarification. Or consult a specialist Immigration lawyer.

It's great news for me, but every case is different, and every Embassy is different.

Thanks for the congratulations, and good luck with your journey.

If you need any more help, let me know.

[ocean72950 0]

I've heard they can apply Expedited removal for 212(a)(7)(A)(i)(I), but more likely for willful fraud or misrepresentation.

If you're not sure, then contact USCIS when you send in your Petition and ask for clarification. Or consult a specialist Immigration lawyer.

It's great news for me, but every case is different, and every Embassy is different.

Thanks for the congratulations, and good luck with your journey.

If you need any more help, let me know.

Thank you so much for your advice!

Now I am done with whole CR-1 process and back in the US!

I did not need to file a waiver like you mentioned.

They did ask me how I got refused entry at the interview at US Embassy, but everything went really smooth.

I have got some questions from other people who were also refused entry concerning filing waiver.

I am not an immigration lawyer, so this is just for your reference...

I believe you do not need to file waiver UNLESS;

1 You have misrepresented yourself to CBP officers.

2 You have over stayed in the US previously.

3 You were removed with expedited removal.

Refused to enter the US had no impact for my CR-1 process.

I wish everyone a good luck with the journey!

[Jawaree 717]

A refusal of entry has no impact on immigrant visa

however you'll be asked about it be truthful,

as long as there was no fraud ,you have no prior history

of crime...no waiver needed

[commandergirl1 12]

I have questions regarding waiver. My husband was required to get a non immigrant waiver to be able to enter the USA before we were married due to criminal charges. I believe it was assault charge from 12 years ago. nothing major just punched a guy. Now we are at NVC stage awaiting interview for a green card. Are they going to deny him a green card for this silly crime?? And are we going to have to apply for a immigrant waiver and have to wait once again for this to go through. We have already been waiting over a year to get the CR-1 visa??