Entry Denied into the US

[Alfiatkinz 4]

Just now, Mike E said:

Interesting.  So it’s either combination something to with your country of origin, your DS-160 and I-130, or misunderstanding about your ability to adjust status on an F3 category.  A B-1/B-2 visa appointment would get closure. 

I am waiting for my F3 Visa interview; will check with the lawyer to see what is the best approach.

Thanks,

Just now, Mike E said:

Interesting.  So it’s either combination something to with your country of origin, your DS-160 and I-130, or misunderstanding about your ability to adjust status on an F3 category.  A B-1/B-2 visa appointment would get closure. 

 

[Canada21 19]

4 minutes ago, Mike E said:

Interesting.  So it’s either combination something to with your country of origin, your DS-160 and I-130, or misunderstanding about your ability to adjust status on an F3 category.  A B-1/B-2 visa appointment would get closure. 

I feel like if it was something to due with adjusting status he will at least get a chance to be interviewed by the CBP officer and get asked about ties etc. He was not even allowed to processed to that 

[Alfiatkinz 4]

26 minutes ago, Canada21 said:

I feel like if it was something to due with adjusting status he will at least get a chance to be interviewed by the CBP officer and get asked about ties etc. He was not even allowed to processed to that 

That's what I am thinking too.

[Mike E 11,740]

1 hour ago, Canada21 said:

I feel like if it was something to due with adjusting status he will at least get a chance to be interviewed by the CBP officer and get asked about ties etc. He was not even allowed to processed to that 

Not if the evidence was conclusive.  

44 minutes ago, Alfiatkinz said:

That's what I am thinking too.

Have you visited Iran since immigrating to Canada?

[Alfiatkinz 4]

5 minutes ago, Mike E said:

Not if the evidence was conclusive.  

Have you visited Iran since immigrating to Canada?

I did, couple of times but not since 2018

[SusieQQQ 11,586]

Pretty obvious to me why entry was denied. Final action date for F3 has been stuck at Nov 2008 for months and even when it moves to December (OP’s PD) there is a massive backlog for interviews. By contrast, table B dates for filing (F3 current to AUg09)is able to be used for adjustment of status which means that OP would be eligible to file for adjustment of status as soon as he entered the US. Looks like they saw huge risk of OP cutting the line to adjust vs waiting many many months still for a visa interview. Hardly seems fair when you look at all the other people on VJ who get to the buck the system and doesn’t sound like that is what OP had planned anyway, but he is paying for others who abuse tourist entry to cut the line.

Edited March 18, 2022 by SusieQQQ

[Canada21 19]

4 minutes ago, SusieQQQ said:

Pretty obvious to me why entry was denied. Final action date for F3 has been stuck at Nov 2008 for months and even when it moves to December (OP’s PD) there is a massive backlog for interviews. By contrast, table B dates for filing (F3 current to AUg09)is able to be used for adjustment of status which means that OP would be eligible to file for adjustment of status as soon as he entered the US. Looks like they saw huge risk of OP cutting the line to adjust vs waiting many many months still for a visa interview. Hardly seems fair when you look at all the other people on VJ who get to the buck the system and doesn’t sound like that is what OP had planned anyway, but he is paying for others who abuse tourist entry to cut the line.

But here is my question. There are many Canadian citizens who visit daily while waiting their I-130 to process. Also he never made it to the CBP officers to check his intentions and ties. That is the point that I wonder about

[SusieQQQ 11,586]

1 minute ago, Canada21 said:

But here is my question. There are many Canadian citizens who visit daily while waiting their I-130 to process. Also he never made it to the CBP officers to check his intentions and ties. That is the point that I wonder about

He is not “waiting for his i130 to process”. He is able to adjust status as soon as he sets foot in the US as his PD is current for adjustment (even if not for a visa interview outside the US yet). Totally different context.

[Boiler 45,657]

I doubt that DoS does that sort of joined up thinking

[Canada21 19]

Just now, SusieQQQ said:

He is not “waiting for his i130 to process”. He is able to adjust status as soon as he sets foot in the US as his PD is current for adjustment (even if not for a visa interview outside the US yet). Totally different context.

Why are not spouses dealt the same way then and returned back outright and found inadmissible? They are still allowed to visit despite being able to adjust as long as they satisfy the CBP they are not planning to do so. Am I missing something?

[Alfiatkinz 4]

1 hour ago, Canada21 said:

But here is my question. There are many Canadian citizens who visit daily while waiting their I-130 to process. Also he never made it to the CBP officers to check his intentions and ties. That is the point that I wonder about

That's my point ! i didn't even had a chance to talk to the officer; how he assessed my ties to Canada are weak enough to not come back?

[Crazy Cat 41,978]

1 minute ago, Alfiatkinz said:

That's my point ! i didn't even had a chance to talk to the officer; how he assessed my ties to Canada are weak enough to not come back?

I think there is something else going on.....You and we just haven't figured it out yet. 

[Alfiatkinz 4]

2 minutes ago, Crazy Cat said:

I think there is something else going on.....You and we just haven't figured it out yet. 

I agree

[SusieQQQ 11,586]

1 hour ago, Alfiatkinz said:

I agree

So, have you contacted the embassy as advised? Given that you say you have traveled many times before it’s almost certainly not a security issue related to being from Iran,  and no, they don’t give everyone a chance to explain themselves in a interview. 
 

 

5 hours ago, Alfiatkinz said:

I did, couple of times but not since 2018

And you weren’t able to adjust then, but you are now. In any case if you find out the reason from the embassy, do let us know.

[Mike E 11,740]

3 hours ago, SusieQQQ said:

 Looks like they saw huge risk of OP cutting the line to adjust vs waiting many many months still for a visa interview. Hardly seems fair when you look at all the other people on VJ who get to the buck the system and doesn’t sound like that is what OP had planned anyway, but he is paying for others who abuse tourist entry to cut the line.

If I am  DQed and just waiting  on a consular interview, am I going to

 

A- visit and adjust status, wait 1-2 years for that to play  out, and   wait at least a year for EAD and AP or

 

B-  wait for my consular interview, where I get a visa that once used gives me LPR status
 

?

 

I would do B.  

 

You might be right, and if you are right, the explanation  isn’t logical. 

Edited March 19, 2022 by Mike E