What do I do if I’m denied entry?

[Cndn 98]

I’ve been out of the US on AP for a while now (6 months). I’ve stayed out of the US due to the pandemic. 
 

if I’m denied entry at POE when I try and return in a few weeks for having been away for too long then I want to know what my options are. Could I appeal the denial? Should I immediately refile for a spouse visa (originally came to US on a K1 and currently have a pending AOS)? 
 

I would just refile but my self employed spouse was under lock down like everyone else and so he didn’t work for a few months and now things are pretty slow, so his income might not be as high next year. Would that be an issue even though it’s not our fault there was a pandemic? I’m confused as to how USCIS is going to handle the income requirement after everyone having been on lockdown and a lot of people laid off. 

Edited June 4, 2020 by Cndn

[NancyNguyen 1,657]

Please don't assume anything, CBP and immigration will have some guideline about those who can't return due to the lockdown when everything is back to normal. 

[Cndn 98]

3 minutes ago, NancyNguyen said:

Please don't assume anything, CBP and immigration will have some guideline about those who can't return due to the lockdown when everything is back to normal. 

I’m not assuming anything at all! I just want some advice about what would be best to do in worst case scenario. 

[NancyNguyen 1,657]

Just now, Cndn said:

I’m not assuming anything at all! I just want some advice about what would be best to do in worst case scenario. 

If so, your spouse will have to file I-130 for you. And you will have your spousal visa interview in your country.

 

Your spouse needs to prove income no matter what, if he doesn't meet the poverty guideline, a joint sponsor is needed. 

[Cndn 98]

1 minute ago, NancyNguyen said:

If so, your spouse will have to file I-130 for you. And you will have your spousal visa interview in your country.

 

Your spouse needs to prove income no matter what, if he doesn't meet the poverty guideline, a joint sponsor is needed. 

Ok thanks. So if denied entry by a CBP officer then I have no recourse? I can’t contact anyone like the Board of Immigration Appeals or anything? I don’t know a lot about all of this. 

[NancyNguyen 1,657]

1 minute ago, Cndn said:

Ok thanks. So if denied entry by a CBP officer then I have no recourse? I can’t contact anyone like the Board of Immigration Appeals or anything? I don’t know a lot about all of this. 

You can only appeal if it is a mistake by them.

[Letspaintcookies 2,310]

Isn't it that one would be paroled in and the case would go to an immigration court who makes the final decision? Or is that only if one already has it's greencard? 

[payxibka 10,045]

25 minutes ago, Letspaintcookies said:

Isn't it that one would be paroled in and the case would go to an immigration court who makes the final decision? Or is that only if one already has it's greencard? 

Parolee and Resident are two very different things

[Cndn 98]

9 minutes ago, payxibka said:

Parolee and Resident are two very different things

I’m an immigration dummy. Does that mean that I, as a parolee, am not afforded the same rights a PR would be and might not be paroled in to see an IJ? Because I too was under the impression that leaving the US on AP is not considered a departure, although I am well aware that AP does not guarantee admission. 

[Allaboutwaiting 2,503]

You shouldn't be denied if at the time of entry, the AP is still valid. 

You could be questioned more than normal because of the extended stay abroad.

[Cndn 98]

23 minutes ago, Allaboutwaiting said:

You shouldn't be denied if at the time of entry, the AP is still valid. 

You could be questioned more than normal because of the extended stay abroad.

I expect that. I have my reasons and I would not have normally stayed out this long if not for the pandemic. I will explain that. 
 

I was also very careful not to behave like a resident during my time here and have paid for every single medical appointment for my son privately, even though he is a dual citizen. I have the receipts. 

[Allaboutwaiting 2,503]

9 minutes ago, Cndn said:

I expect that. I have my reasons and I would not have normally stayed out this long if not for the pandemic. I will explain that. 
 

I was also very careful not to behave like a resident during my time here and have paid for every single medical appointment for my son privately, even though he is a dual citizen. I have the receipts. 

I don't think they'll go into much depth. 

When questioned, answer honestly, briefly and straight to the point. Do not offer information they do not require.

Edited June 4, 2020 by Allaboutwaiting

[Cndn 98]

9 minutes ago, Allaboutwaiting said:

I don't think they'll go into much depth. 

When questioned, answer honestly, briefly and straight to the point. Do not offer information they do not require.

Absolutely, thank you!