Questions about Withdrawl, and removal from a Chinese girl.

[ChineseWifeUSHusb 0]

In June, 2013, I was refused to enter USA at Chicago airport. CBP let me do application for admission withdrawn. However, I am still confused whether I have a ban or not. Here are all papers I got from the officer:
1. Form I867A, the record of sworn statement in proceedings under section 235(b)(1).
2.I only get the signed page of I request to withdraw application for admission. I am not sure whether its I 275 or not.
3. My visa was canceled, stamped with "visa canceled with prejudice pursuant to 22 CFR 41.122(h)(3)/(4) of the INA.
4. In my last page of my passport was stamped with "Application for admission withdrawn"

These are all what I got. In my sworn statement CBP asked"Do you agree to withdraw application for admission in lieu of formal expedited removal from the United State" I said yes.

My husband is ready to petition me to go back to USA, now we are filling out I130 form. Before this, I have some questions to ask:
1. Do I have a 5 years bar or not?
2. If I have bar, will my I130 get refusal?
3. I changed a new passport, do I need to tell them my last passport No. which is archived in their system?
4. The question on I130, has your relative is under immigration proceedings? Do I check yes or no?

Thank you so much for your help, this has tortured me for a long time. I hope this nightmare can be end as soon as possible.

Sorry for any mistakes, my written English is still not perfect.

[newacct 688]

1. Based on what you described, it sounds like you were not "removed". Only if you were removed would you have a 5-year 9A ban. So no.

2. No. The I-130 petition is only about the genuineness of the marriage.

3. no

4. Again, this depends on whether you were "removed" last time. It seems like the answer is no.

[NikLR 13,232]

~~moved to general immigration discussion from IR1/CR1 process and procedures. Topic is not IR1 specific~~

[ChineseWifeUSHusb 0]

1. Based on what you described, it sounds like you were not "removed". Only if you were removed would you have a 5-year 9A ban. So no.

2. No. The I-130 petition is only about the genuineness of the marriage.

3. no

4. Again, this depends on whether you were "removed" last time. It seems like the answer is no.

Thanks for your reply.

I am worried because I heard about people was permitted to withdraw application for admission should get I877 swore statement not I867A which is for "expedited removal". I also only get the signed page of I275, not full page.

Will these be a problem?

[mallafri76 1,012]

3. I changed a new passport, do I need to tell them my last passport No. which is archived in their system?

No you don't need to tell them your old passport number. Not that it matters because they can still see all your previous US entries, including your withdrawal, through your fingerprints.

A VJ friend of mine had a similar situation as you. He was refused entry at POE, withdrew his application and was sent home to Sweden on the next available flight. He never had any issues at his CR-1 interview, they didn't even bring up the withdrawal, and he was given his visa and has been living in the US for several months now. So I don't think you have to worry if you withdrew your application for entry yourself.

[ChineseWifeUSHusb 0]

No you don't need to tell them your old passport number. Not that it matters because they can still see all your previous US entries, including your withdrawal, through your fingerprints.

A VJ friend of mine had a similar situation as you. He was refused entry at POE, withdrew his application and was sent home to Sweden on the next available flight. He never had any issues at his CR-1 interview, they didn't even bring up the withdrawal, and he was given his visa and has been living in the US for several months now. So I don't think you have to worry if you withdrew your application for entry yourself.

Thank you so much for your reply