CR1 - Previously denied entry

[Linos 69]

Hi all,

 

Wondering if someone could shed some light on the effects of a previously denied entry would have on obtaining a CR1 visa (if any)?

I was denied entry before we were married at POE Dublin airport under INA Section 217 R06006 which was stamped in my passport and my ESTA was revoked. It was a pretty devastating experience, that I didn't see coming. I basically was unemployed at the time and couldn't prove strong ties to Ireland. There was also a major communication breakdown between myself and the CBP officers when I was explaining that I am unemployed now but hope to have a remote position on return to Ireland (which I did end up having and still do). They jumped on the remote part and basically thought I wasn't going to return home. Nothing I could say would change their minds. I shouldn't have even tried to visit while unemployed, I guess because I never had any issues visiting the US before that scenario naively never even entered my head.

Anyway...fast forward to today, we have since married and just become documentarily qualified at the NVC. I have remote employment which I will continue in the states if I am granted a visa. I am worried as I have heard others mention the consular might require a waiver of some kind?....Can anyone confirm if this is the case?

Edited February 20, 2021 by Linos

[Chancy 6,240]

17 minutes ago, Linos said:

Wondering if someone could shed some light on the effects of a previously denied entry would have on obtaining a CR1 visa (if any)?

 

Were you given a chance to withdraw your application for admission?  Also, you did not mention being given a ban or being accused of misrepresentation.  If you have no ban and no record of misrepresentation, being denied entry would have no negative impact on your CR1 process.  Just be prepared to be asked about it at your visa interview as the consul officer may ask anything related to your immigration case.

 

[Linos 69]

1 hour ago, Chancy said:

 

Were you given a chance to withdraw your application for admission?  Also, you did not mention being given a ban or being accused of misrepresentation.  If you have no ban and no record of misrepresentation, being denied entry would have no negative impact on your CR1 process.  Just be prepared to be asked about it at your visa interview as the consul officer may ask anything related to your immigration case.

 

Thanks for your response!

I unfortunately was not aware of or given the option to withdraw the application for admission. There was no mention of a ban just that my ESTA was revoked and I would need to obtain a visa if I wanted to visit in the future.

 

The misrepresentation part i'm also unsure of... it wasn't stated anywhere nor do I remember the officer explicitly saying it but he was basically saying I that I have nothing in Ireland to come home to and that I was going to try to work in the states. I tried to explain that I was taking the opportunity to visit the states while I was in-between work and that the upcoming remote positions was for when I come home after my visit but nothing I could say would convince him of that.

Definitely prepared for this to come up at the interview, afraid it would look bad and I will be denied.

 

[Chancy 6,240]

12 hours ago, Linos said:

Definitely prepared for this to come up at the interview, afraid it would look bad and I will be denied.

 

If the CBP officer did not mention a ban nor accused you of misrepresentation, then there's no need for you to worry about that incident having any negative impact on your CR1 process.  You were denied entry for being suspected of having immigrant intent.  The CR1 visa is the appropriate visa for spouses with immigrant intent.  So by pursuing a CR1 visa, you're doing exactly what CBP wanted you to do.

 

[retheem 564]

On 2/20/2021 at 6:00 AM, Linos said:

Hi all,

 

Wondering if someone could shed some light on the effects of a previously denied entry would have on obtaining a CR1 visa (if any)?

I was denied entry before we were married at POE Dublin airport under INA Section 217 R06006 which was stamped in my passport and my ESTA was revoked. It was a pretty devastating experience, that I didn't see coming. I basically was unemployed at the time and couldn't prove strong ties to Ireland. There was also a major communication breakdown between myself and the CBP officers when I was explaining that I am unemployed now but hope to have a remote position on return to Ireland (which I did end up having and still do). They jumped on the remote part and basically thought I wasn't going to return home. Nothing I could say would change their minds. I shouldn't have even tried to visit while unemployed, I guess because I never had any issues visiting the US before that scenario naively never even entered my head.

Anyway...fast forward to today, we have since married and just become documentarily qualified at the NVC. I have remote employment which I will continue in the states if I am granted a visa. I am worried as I have heard others mention the consular might require a waiver of some kind?....Can anyone confirm if this is the case?

But you never misrepresented anything, so you should be fine.