DS260 question about prior refusals/withdrawals

[dragonmike 1]

Hi,

I'm a US citizen petitioning for my foreign wife.

Last year, we withdrew our K1 application (before getting a NOA2), got married and we're now applying for a CR1 and filling out a DS260.

The underlined part of this question is confusing is:

"Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry?".

Does this apply to our situation?  It was not withdrawn "at the port of entry".

I hope that someone can help us.

 

[HRQX 4,145]

12 minutes ago, dragonmike said:

"Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry?".

The answer is "No" in your wife's case.

[dragonmike 1]

44 minutes ago, HRQX said:

The answer is "No" in your wife's case.

Thanks.  Can you explain what they mean by a withdrawal "for admission at the port of entry" and what circumstance that would apply?

[davidvs 354]

1 minute ago, dragonmike said:

Thanks.  Can you explain what they mean by a withdrawal "for admission at the port of entry" and what circumstance that would apply?

Pretty much exactly what it says... For example, Person A has a valid B1 visa, arrives at JFK airport and goes up to Customs... CBP screener thinks the person plans to overstay and refuses entry. Person A is allowed to "withdraw " turn around and get on a plane home.

[dragonmike 1]

58 minutes ago, davidvs said:

Pretty much exactly what it says... For example, Person A has a valid B1 visa, arrives at JFK airport and goes up to Customs... CBP screener thinks the person plans to overstay and refuses entry. Person A is allowed to "withdraw " turn around and get on a plane home.

Thanks!  I considered this scenario but then thought that would be a "rejection". I didn't realize the person could just withdraw it on the spot after getting rejected.  Then I started wondering about the grammar - whether it meant "withdrawn at the port of entry" or "the VISA applied for, is for admission at the port of entry" and that application could be withdrawn via postal mail.   Thanks for clearing this up.  We'll answer "no" ;).

 

[HRQX 4,145]

6 hours ago, dragonmike said:

I didn't realize the person could just withdraw it on the spot after getting rejected.

Not always. It's only if the CBP officer allows it: http://www.borderimmigrationlawyer.com/withdrawal-of-application-for/ "It is important to remember that permission to withdraw the application for admission is a privilege and not a right. At the port of entry, the decision whether to permit withdrawal is solely within the discretion of the CBP officers."

[Chancy 6,243]

On 2/3/2021 at 4:52 PM, dragonmike said:

Does this apply to our situation?

 

It does not apply to you.  Remember that an I-129F petition is NOT a US visa nor an application for admission at POE.  The DS-260 question you referred to is not concerned with withdrawn petitions.