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Carrie7003

Visiting- possibility of getting banned from reentry?

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Filed: Timeline

My fiancé was denied entry while traveling to the US. (He had previously entered and left twice on an ESTA). He is considering applying now at the consulate for a tourist visa to visit me because after being denied entry, he is no longer eligible to travel on ESTA. I read somewhere that if border patrol officers deny entry again, there is a possibility they could also put him on a 5 year ban from reentry. We filed I-129F; is this risk of a ban real? We don't want to ruin everything by him attempting to visit.

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

the 5 year ban is only for the tourist visa, they would cancel his visa and possibly ban him for 5 years, meaning he wouldn't be able to apply for another tourist visa

it won't have any effect on the k1 visa

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Filed: K-1 Visa Country: Wales
Timeline

First get your Visitor Visa which seems very unlikely.

If the Consulate have recently issued a visa not likely to be an issue on entry.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (pnd) Country: France
Timeline

Out of curiosity, under what basis can they ban someone? Now I'm worried about my fiance visiting me. D:

K1 Visa


3-3-2016 Form I-129F mailed
3-22-2016 Check was cashed
3-25-2016 Received NOA1
6-6-2016 Received NOA2 (73 days)
6-10-2016 Received NOA2 Hard Copy
6-27-2016 NVC received case (3 weeks)
6-29-2016 NVC Case Number.
6-30-2016 Case left NVC
7-25-2016 Medical Scheduled.
7-21-2016 Packet 3.
7-27-2016 Interview
8-8-2016 Visa Received.
8-28-2016 POE NYC.

AOS Process

9-15-2016 Sent out package.

9-17-2016 Package received at Chicago Lockbox!

9-24-2016 Received receipt texts for all three petitions. <3

9-27-2016 Check was cashed - could see case in USCIS app. :)

9-30-2016 Received hard copy of NOA's. Notice date - September 23rd.

10-11-2016 Received Biometrics appointment letter for October 28th.

10-15-2016 Case Approval Was Certified by USCIS

10-20-2016 Received RFIE for Affidavit of Support (dated 10/14/2016 on the letter)

10-21-2016 Sent out RFIE back to Department of Homeland Security with Co-Sponsor.

10-28-2016 Completed Biometrics.

10-31-2016 Response to RFE was received.

11-15-2016 EAD & AP approved! :)

11-18-2016 EAD being sent out.

11-19-2016 Received NOA2 for AP.

11-22-2016 Received EAD/AP in the mail. :)

11-28-2016 Case is ready to be scheduled for interview!

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Filed: Other Country: Brazil
Timeline

Out of curiosity, under what basis can they ban someone? Now I'm worried about my fiance visiting me. D:

Misrepresentation, as in lying to the CBP or consular agent about a material fact.

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Filed: K-1 Visa Country: Wales
Timeline

Drugs, Felons etc etc

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (apr) Country: Canada
Timeline

Misrepresentation, as in lying to the CBP or consular agent about a material fact.

I had made potential travel plans to spend time in another country with my fiance, but instead I moved to a big city in my home country. I have a brand-new job, lease, etc. - would it be considered a misrepresentation if I present these documents of ties to my home country, all the while had planned to spend most of the waiting time in another country and still see that as a possibility?

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Filed: Timeline

Out of curiosity, under what basis can they ban someone? Now I'm worried about my fiance visiting me. D:

Whenever someone arrives in the US and is denied entry, one of two things happen: 1) they are allowed to withdraw application for admission voluntarily depart, or 2) they are expeditiously removed. If removal happens, there is automatically a 5-year 9A ban, which means they cannot get any visa for 5 years, unless they apply for and receive permission to reapply. CBP will often allow someone to voluntarily depart if there's not an egregious or knowing violation of immigration laws, and the person is able to quickly arrange an immediate flight out, but it's completely up to the officer whether to allow the voluntary departure or not.

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Filed: AOS (apr) Country: Kenya
Timeline

Whenever someone arrives in the US and is denied entry, one of two things happen: 1) they are allowed to withdraw application for admission voluntarily depart, or 2) they are expeditiously removed. If removal happens, there is automatically a 5-year 9A ban, which means they cannot get any visa for 5 years, unless they apply for and receive permission to reapply. CBP will often allow someone to voluntarily depart if there's not an egregious or knowing violation of immigration laws, and the person is able to quickly arrange an immediate flight out, but it's completely up to the officer whether to allow the voluntary departure or not.

First time hearing about this.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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