Concerns about Traveling to US with pending I-130

[blchaddy 15]

My husband is UK citizen still living overseas. We are just about to submit our I-130 petition and have one major concern about his travels to the US during this time. I know that it is up to CBP if they allow him entry. But, I’ve read that if they do deny you at PoE, they can process it as immediate removal/deportation with a 5 year ban. I know there’s a waiver for these cases, but we would like to avoid that issue altogether. So I am wondering if anyone knows the answer to this …

If he travels through Dublin (with US preclearance),  if they deny him entry here, will that sort of circumvent the whole removal/deportation with ban since he would not be in the US? Or would this still count as such?

Any advise or experience with this would be appreciated. 

[Ericka Womack 33]

Hello! My husband traveled a couple of times while we had a I-130 pending. He only had trouble one time because he stayed 6 months (pandemic) then went home and returned rather quickly. However we had a return ticket and he also had a LOE for work. Just make sure he has strong ties to his home country (job, house, etc) and a return ticket and he should be fine. 

[Chancy 6,241]

19 minutes ago, blchaddy said:

If he travels through Dublin (with US preclearance),  if they deny him entry here, will that sort of circumvent the whole removal/deportation with ban since he would not be in the US? Or would this still count as such?

 

No expedited removal from pre-clearance facility as the traveler would not be in the US.  Can't be deported if you're not in the US in the first place.  His ESTA can be revoked though.  As mentioned above, best to have evidence of strong ties to home country.

 

[blchaddy 15]

17 minutes ago, Chancy said:

 

No expedited removal from pre-clearance facility as the traveler would not be in the US.  Can't be deported if you're not in the US in the first place.  His ESTA can be revoked though.  As mentioned above, best to have evidence of strong ties to home country.

 

Thanks for the input. I wasn’t sure if they would consider preclearance as “the US” just for the sake of removals/deportations. It sounds like it will probably be in our best interest to make future plans to travel through preclearance  while the petition is pending, just to be on the safe side. 

[Wuozopo 4,293]

8 minutes ago, blchaddy said:

Thanks for the input. I wasn’t sure if they would consider preclearance as “the US” just for the sake of removals/deportations. It sounds like it will probably be in our best interest to make future plans to travel through preclearance  while the petition is pending, just to be on the safe side. 

Has he had problems visiting in the past? Is this his first visit?  How long does he want to stay? What is it that worries you where you think he will be denied? I visited the US for 10 years from the UK and was never grilled nor asked to show anything, including a return ticket.