Denied at port of entry, filing for k1

[tiffanymarie12345 0]

Hi everyone I have a question. Has anyone been denied entry to the United States traveling on esta at the port of entry? And then later applied of K1? Did you have any type of issues. The reason for denial was because they didn’t feel he had enough ties at home and that he wouldn’t return back. He never entered the US, didn’t even get on the plane. They just canceled his esta and told him if he wants to come back he needs to get a visa. We are now applying for K1 but I’m nervous this will create any issues... does anyone have any experience in this and can offer some advice. They did write a notation in his passport and give him a alien #... not sure why but the notation is basically stating why he was found inadmissible to the US on esta. 

[geowrian 22,337]

Yes. There are a few cases of this on VJ in the past couple weeks.

 

If you were allowed to withdraw your application for entry, then there should not be an issue for a K-1 visa.

If you were issued an expedited removal (with a 5 year ban), then a waiver would be needed. You would likely know if this applied...it's more paperwork.

Edited February 2, 2020 by geowrian

[tiffanymarie12345 0]

8 minutes ago, geowrian said:

Yes. There are a few cases of this on VJ in the past couple weeks.

 

If you were allowed to withdraw your application for entry, then there should not be an issue for a K-1 visa.

If you were issued an expedited removal (with a 5 year ban), then a waiver would be needed. You would likely know if this applied...it's more paperwork.

I don't think they offered him to withdraw his application but they did cancel his esta and they also made him sign maybe 2 papers and asked him to put his right hand on the Bible and just tell the truth.. how would I find out if they did a expedited removal? I don't think they did because he never even made it to the US and the passport notation was 8 cfr 217.4(a)(1).. nothing else was written and they even told him if he wants to come back he needs a visa now... 

[geowrian 22,337]

9 minutes ago, tiffanymarie12345 said:

I don't think they offered him to withdraw his application but they did cancel his esta and they also made him sign maybe 2 papers and asked him to put his right hand on the Bible and just tell the truth.. how would I find out if they did a expedited removal? I don't think they did because he never even made it to the US and the passport notation was 8 cfr 217.4(a)(1).. nothing else was written and they even told him if he wants to come back he needs a visa now... 

I would suggest confirming with him exactly what happened.

From a practical standpoint, the only options would be to allow him to withdraw his application for entry, or to remove him.  If removed, there should be paperwork stating as such, including mentioning the bar and needing a waiver to apply for another visa.

An expedited removal can happen at POE before being admitted.

 

Everything you stated here is consistent with a withdrawal of application for entry.

Edited February 2, 2020 by geowrian

[designguy 1,179]

Pretty sure he didn’t have to put his hand on a bible...

[tiffanymarie12345 0]

1 minute ago, designguy said:

Pretty sure he didn’t have to put his hand on a bible...

something along those lines, they told him to raise his hand and swear he was telling the truth and nothing but the truth. im very stressed over this whole situation so I could be wrong but I think I remember telling me something along those lines. the officers also made very rude comments towards him and took his fingerprints and everything and then told him that his esta was canceled and now he needs to get a visa 

[geowrian 22,337]

6 minutes ago, tiffanymarie12345 said:

something along those lines, they told him to raise his hand and swear he was telling the truth and nothing but the truth. im very stressed over this whole situation so I could be wrong but I think I remember telling me something along those lines. the officers also made very rude comments towards him and took his fingerprints and everything and then told him that his esta was canceled and now he needs to get a visa 

He took an oath. That doesn't mean it was on a Bible...I think they stopped doing that a long time ago (I know some people still do it by choice in some situations..not sure about anything with immigration, though).

[Fr8dog 312]

Some light reading for you;

http://blog.cyrusmehta.com/2012/03/prejudice-caused-by-summary-removal.html

Though it is not an official government site with the exact wording so you may want to find the actual paragraphs (his link to them is dead)

 

The important info (I think):

Summary refusal of admission to a VWP applicant, under 8 C.F.R. § 217.4(a), is not an order of removal for purposes of the INA according to 8 C.F.R. § 217.4(a)(3), and thus does not lead to a requirement that the refused applicant seek special permission to reapply for admission. Summary removal of a VWP applicant subsequent to admission under 8 C.F.R. § 217.4(b), on the other hand, has the same consequences as removal following ordinary removal proceedings according to 8 C.F.R. § 217.4(b)(2), which is to say that it will lead to at least a ten-year bar on readmission under 8 U.S.C. § 1182(a)(9)(A)(ii)(I) absent special, discretionary permission to reapply.

 

My interpretation (Not a lawyer!!!) 

217.4(a) means he was never admitted and can apply for a visa without a waiver. (Visa waiver program specific)

217.4(b) means he was admitted but than removed leading to a potential ban and requiring a waiver. (I-601 if I'm correct)

[Lance27 19]

14 hours ago, tiffanymarie12345 said:

I don't think they offered him to withdraw his application but they did cancel his esta and they also made him sign maybe 2 papers and asked him to put his right hand on the Bible and just tell the truth.. how would I find out if they did a expedited removal? I don't think they did because he never even made it to the US and the passport notation was 8 cfr 217.4(a)(1).. nothing else was written and they even told him if he wants to come back he needs a visa now... 

You are okay to apply for a K1 visa. The denial at POE will not be am issue.

Edited February 2, 2020 by Lance27

[User01261 1]

14 hours ago, Fr8dog said:

Some light reading for you;

http://blog.cyrusmehta.com/2012/03/prejudice-caused-by-summary-removal.html

Though it is not an official government site with the exact wording so you may want to find the actual paragraphs (his link to them is dead)

 

The important info (I think):

Summary refusal of admission to a VWP applicant, under 8 C.F.R. § 217.4(a), is not an order of removal for purposes of the INA according to 8 C.F.R. § 217.4(a)(3), and thus does not lead to a requirement that the refused applicant seek special permission to reapply for admission. Summary removal of a VWP applicant subsequent to admission under 8 C.F.R. § 217.4(b), on the other hand, has the same consequences as removal following ordinary removal proceedings according to 8 C.F.R. § 217.4(b)(2), which is to say that it will lead to at least a ten-year bar on readmission under 8 U.S.C. § 1182(a)(9)(A)(ii)(I) absent special, discretionary permission to reapply.

 

My interpretation (Not a lawyer!!!) 

217.4(a) means he was never admitted and can apply for a visa without a waiver. (Visa waiver program specific)

217.4(b) means he was admitted but than removed leading to a potential ban and requiring a waiver. (I-601 if I'm correct)

Thank you so much. He only has the A one so I’m hopeful that applying for our K1 we will not run into any issues, you’ve been very helpful and I’m so happy that he’s not banned or anything... thanks so much

5 hours ago, Lance27 said:

You are okay to apply for a K1 visa. The denial at POE will not be am issue.

Very happy to hear that. This whole process gives me so much stress but I’m SO HAPPY that we aren’t going to run into any issues, thanks for your help