Passport notation 8CFR 271 4. (a)(1)

[User01261 1]

Hi everyone I hope someone can help me. So my fiancé and me are filing the i-129 petition soon. He is from Aruba which is a Island in the Dutch Caribbean. For the past week we have been getting our papers together to start the process of the petiton filing, but here is what went wrong. In December my boyfriend was supposed to fly to the United States to visit my family and I, he was traveling on a ESTA. When he arrived to the immigration part he was denied entry to the United States and not allowed on the airplane. They made him sign many papers and they took away his esta and said if he wants to come back to the United States he needs a visa. After this happened we both discussed that we love eachother and decided to start the K1 visa process. As he was gathering his passport today he noticed a notation inside of it made by one of the immigration officers. The notation is 8CFR 217 .4(a)(1) which after doing so much research are the grounds of Inadmissibility and deportation in the United States. My question is now that we are applying for K1 visa does this make him inadmissible?? I was reading another story on here where someone got the same exact stamp and they got all the way up to the interview and then the embassy told them they are inadmissible and must fill out a waiver. Is their anyway to find out if your inadmissible? And also next to the notation was a alien number. Which they gave him? I don’t even know why they did that. I’m really looking for someone to help me and give some advice. Let me know what you think

[Lucky2Lucky 2,526]

I thought Aruba citizens don’t have access to an ESTA

Did he not make it on the plane in Aruba or was he denied entry at the US? 
Has he visited the US before? Any overstays?

[User01261 1]

8 minutes ago, Luckycuds said:

I thought Aruba citizens don’t have access to an ESTA

Did he not make it on the plane in Aruba or was he denied entry at the US? 
Has he visited the US before? Any overstays?

They do have access to esta since they are Dutch citizens. The US immigration is at the airport in Aruba so before he boarded the plane he had to go thru immigration and they denied him and made him leave the airport which is why he didn’t go on the plane. He had visited the US before he was basically coming and going Very frequent and staying for long periods of time. But he never overstayed and all the other times the immigration let him pass through. This one time they denied him entry, took away his esta and now I see they wrote that in his passport. I don’t know what it means but when I look it up it says stuff about being inadmissible and deportation. My question is now if I apply for K1 visa how do I find out if he’s inadmissible? He didn’t break any laws he’s never committed a crime they just weren’t comfortable letting him in because they felt he didn’t have enough ties back home to keep him there. They even suggested getting a tourist visa. 

[SalishSea 18,120]

What is his citizenship?

Just now, User01261 said:

He had visited the US before he was basically coming and going Very frequent and staying for long periods of time.

You have your answer.

[User01261 1]

1 minute ago, Jorgedig said:

What is his citizenship?

You have your answer.

He has Dutch citizenship. But my question is I know he was denied entry and he cannot travel anymore on a esta. But is he inadmissible to the country? Like he can’t even apply for a visa because of this small incident? It’s just confusing because they wrote in his passport and they didn’t even let him know anything else. My lawyer told me there’s no way to find out until we file our petition and see if it gets approved or denied? I read another story on here about someone who had the same stamp and situation, got all the way up to the embassy interview and then got turned down because of the stamp and was told to fill out the waiver to try to get it excused.

[SalishSea 18,120]

Just now, User01261 said:

My lawyer told me there’s no way to find out until we file our petition and see if it gets approved or denied?

Surprisingly, your lawyer is correct in this situation.  You file a petition, and at the interview, if he is found to be inadmissible, he can file a waiver to overcome the inadmissibility.  

 

There is no way around that process.

[User01261 1]

1 minute ago, Jorgedig said:

Surprisingly, your lawyer is correct in this situation.  You file a petition, and at the interview, if he is found to be inadmissible, he can file a waiver to overcome the inadmissibility.  

 

There is no way around that process.

If he is found inadmissible do you know why they wait that long to let you know? Why wouldn’t they just tell you after you file your petition? Also let’s say we get all the way to the interview and he’s found inadmissible and we have to file the waiver do you know if we would have to start the K1 visa process ALL OVER again. Because if so I’m going to literally die

[SalishSea 18,120]

Just now, User01261 said:

If he is found inadmissible do you know why they wait that long to let you know? Why wouldn’t they just tell you after you file your petition? Also let’s say we get all the way to the interview and he’s found inadmissible and we have to file the waiver do you know if we would have to start the K1 visa process ALL OVER again. Because if so I’m going to literally die

This is just the way they do it.  You cannot request a waiver until you have been formally denied the visa for inadmissibility.

 

It isn't starting the K-1 over again, but waivers can take a year or so.  There is an entire forum here on VJ about waivers.

[Cyberfx1024 7,980]

1 hour ago, User01261 said:

Hi everyone I hope someone can help me. So my fiancé and me are filing the i-129 petition soon. He is from Aruba which is a Island in the Dutch Caribbean. For the past week we have been getting our papers together to start the process of the petiton filing, but here is what went wrong. In December my boyfriend was supposed to fly to the United States to visit my family and I, he was traveling on a ESTA. When he arrived to the immigration part he was denied entry to the United States and not allowed on the airplane. They made him sign many papers and they took away his esta and said if he wants to come back to the United States he needs a visa. After this happened we both discussed that we love eachother and decided to start the K1 visa process. As he was gathering his passport today he noticed a notation inside of it made by one of the immigration officers. The notation is 8CFR 217 .4(a)(1) which after doing so much research are the grounds of Inadmissibility and deportation in the United States. My question is now that we are applying for K1 visa does this make him inadmissible?? I was reading another story on here where someone got the same exact stamp and they got all the way up to the interview and then the embassy told them they are inadmissible and must fill out a waiver. Is their anyway to find out if your inadmissible? And also next to the notation was a alien number. Which they gave him? I don’t even know why they did that. I’m really looking for someone to help me and give some advice. Let me know what you think

Did you ask this question over on Reddit? Because there is a post with almost the same story from Aruba as well. What are the chances of two people from Aruba being banned from using Esta posting on the same day?

[geowrian 22,338]

3 minutes ago, Jorgedig said:

Surprisingly, your lawyer is correct in this situation.  You file a petition, and at the interview, if he is found to be inadmissible, he can file a waiver to overcome the inadmissibility.  

 

There is no way around that process.

Depends on what exactly happened.

If he was allowed to withdraw his application for admission, then there is no ban and nothing to do.

If he was issued an expedited removal, then there is a 5 year ban. This can be waived via an I-212. A solo I-212 can be filed at any time.

If there were any other inadmissibilities as well (like misrep, for example), then an I-601 will be needed as well. That can only be filed after the interview and being determined otherwise eligible for the visa.

 

1 minute ago, User01261 said:

If he is found inadmissible do you know why they wait that long to let you know? Why wouldn’t they just tell you after you file your petition?

The petition is just a document that shows a relationship allowing somebody to apply for a visa. Somebody who is clearly & permanently inadmissible (even with a prior finding of this) can be a valid beneficairy of a petition.

Basically, the petition has nothing to do with admissibility.

 

When he applies for a visa and is otherwise eligible for it, they would tell him if he is then found to be inadmissible.

 

1 minute ago, User01261 said:

Also let’s say we get all the way to the interview and he’s found inadmissible and we have to file the waiver do you know if we would have to start the K1 visa process ALL OVER again. Because if so I’m going to literally die

See above - a waiver may or may not be needed depending on exactly what happened, and if one is needed it may or may not be advisable to file beforehand.

 

A visa refused due to being inadmissible can generally be overcome if there is a waiver possible then filed and approved.

Due to timelines, it's possible for the medical or other documents to expire while waiting for the waiver decision, so new ones would be needed.

 

=====

What you described makes me think his application for admission was allowed to be withdrawn. Generally one would know if there was an expedited removal or not as well. There should be paperwork issued when he was denied entry.

[User01261 1]

6 minutes ago, Cyberfx1024 said:

Did you ask this question over on Reddit? Because there is a post with almost the same story from Aruba as well. What are the chances of two people from Aruba being banned from using Esta posting on the same day?

No I didn’t? Can u post a link? This happened in December I’m in another Facebook group and asked about it but that’s it

[Cyberfx1024 7,980]

2 minutes ago, User01261 said:

No I didn’t? Can u post a link? This happened in December I’m in another Facebook group and asked about it but that’s it

ok....

[Quarknase 1,072]

34 minutes ago, User01261 said:

He had visited the US before he was basically coming and going Very frequent and staying for long periods of time

This is probably it. ESTA is for visiting, not for living half in the US, half elsewhere. They let him enter until a pattern was identified.

Thumb rule is that visitors coming on ESTA and tourist visas should spend minimum double the amount of time outside the US before they try to re-enter. 50/50 doesn’t fly as it’s technically living in the US.

Sometimes officers give a “last warning” and admit, sometimes they don’t.

Was he not offered to withdraw his request to be admitted?

[User01261 1]

7 minutes ago, Quarknase said:

This is probably it. ESTA is for visiting, not for living half in the US, half elsewhere. They let him enter until a pattern was identified.

Thumb rule is that visitors coming on ESTA and tourist visas should spend minimum double the amount of time outside the US before they try to re-enter. 50/50 doesn’t fly as it’s technically living in the US.

Sometimes officers give a “last warning” and admit, sometimes they don’t.

Was he not offered to withdraw his request to be admitted?

We never filed the petition for K1 visa yet. We didn’t even send any papers. We were in the process of gathering papers and today we saw in his passport those weird numbers and I looked it up. Do you think this incident would cause him to be inadmissible to the USA? 

[Quarknase 1,072]

4 minutes ago, User01261 said:

We never filed the petition for K1 visa yet. We didn’t even send any papers. We were in the process of gathering papers and today we saw in his passport those weird numbers and I looked it up. Do you think this incident would cause him to be inadmissible to the USA? 

There’s no way of knowing as others have stated.

 

my questions were related to his attempt to enter on ESTA.