ds-160 cancelled without prejudice same as removed and deported question

[axlaxl 0]

Hi everyone,

I'm in the process of submitting DS-160 for my fiancee in Vietnam.  My fiancee back in 2016 was on a business trip to Canada by herself but was detained by immigration at Canada for a few days.  Instead of meeting with her company's client that she works for at Vancouver, her plan was to fly straight to Toronto to visit her aunt for a day then fly to Vancouver afterwards.  She did not enter the right port of entry so her visa to Canada was stamped with the words "cancelled without prejudice" by immigration, which forced her to fly back to Vietnam.  On form DS-160, there's a question about "have you ever been removed or deported from any country".  Do I answer yes or no for this question?  I'm thinking of answering no because she was neither removed nor deported from Canada.  

 

Anyone with any knowledge regarding this matter please helps.  Also, will this cancelled without prejudice immigration stamp hurt her chance of receiving K1 visa at all?  Thanks everyone in advance.

 

  

[designguy 1,179]

28 minutes ago, axlaxl said:

She did not enter the right port of entry so her visa to Canada was stamped with the words "cancelled without prejudice" by immigration, which forced her to fly back to Vietnam.

 

28 minutes ago, axlaxl said:

Canada by herself but was detained by immigration at Canada for a few days

Sounds pretty close to a removal to me.

 

In a situation like this its better to air on the side of caution and say yes and explain the situation. Keep in mind that the Canadian and US systems are linked so the US immigration authorities are more than likely to know her visa was cancelled and she was sent back to Vietnam. If you say no and in their eyes they would consider it a removal, then they might consider you misrepresented your answer

[axlaxl 0]

Thanks designguy.  If I say yes to the question and explain, will this hurt her chance of getting a K1 visa at all?  Thanks.

[Hank_ 9,174]

On 1/30/2020 at 2:54 AM, axlaxl said:

Hi everyone,

I'm in the process of submitting DS-160 for my fiancee in Vietnam.  My fiancee back in 2016 was on a business trip to Canada by herself but was detained by immigration at Canada for a few days.  Instead of meeting with her company's client that she works for at Vancouver, her plan was to fly straight to Toronto to visit her aunt for a day then fly to Vancouver afterwards.  She did not enter the right port of entry so her visa to Canada was stamped with the words "cancelled without prejudice" by immigration, which forced her to fly back to Vietnam.  On form DS-160, there's a question about "have you ever been removed or deported from any country".  Do I answer yes or no for this question?  I'm thinking of answering no because she was neither removed nor deported from Canada.  

 

Anyone with any knowledge regarding this matter please helps.  Also, will this cancelled without prejudice immigration stamp hurt her chance of receiving K1 visa at all?  Thanks everyone in advance.

 

  

She was denied entry.     Never allowed to enter ... 

Edited January 31, 2020 by Hank_

[axlaxl 0]

Thanks for the answer Hank.  So are you saying her case does not fall under removal or deportation? I'm confused by your statement.

[Fr8dog 312]

I'm not familiar with Canadian immigration rules so I can't help you with that. (though it sounds like she was not deported, but refused entry and that is something different).

I did however marked "overstay" on my DS-160 (including an explanation of what happened and why I was not sure as at the time if I had overstayed or not). During my interview it was brought up of course, I got to explain what happened and was told I was fine and legally I had not overstayed. 

So my advise would be "when in doubt, report".