DS 260: How to answer "Previous U.S Travel" Section When Given a 5 Year Ban

[gydhuerta 0]

Hi!

I have a few questions about the DS-260 that we are unsure how to answer 

Questions:

1. Have you ever been in the U.S? (Yes?) (Length of stay: 2 days?) (Those were the two days he was in the immigration detention center)
2. Have you ever been refused a U.S. Visa, been refused admission to the United States, or withdrawn your application for admission at the port of entry? (Yes?)

 

My husband was given a 5 year ban for an immigrant attempt back in September 2018. 

 

Thanks all!

Edited February 7, 2023 by gydhuerta
Typos

[Boiler 45,476]

Yes

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

On 2/6/2023 at 8:32 PM, gydhuerta said:

My husband was given a 5 year ban for an immigrant attempt back in September 2018. 

 

In case you haven't already done so, you might want to consult with a lawyer if an I-212 waiver might be required for your husband.

 

[Boiler 45,476]

I was assuming the plan was that the interview would be after the five years are up but no timeline etc so who knows.

[pushbrk 12,877]

2 hours ago, Chancy said:

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***

 

 

In case you haven't already done so, you might want to consult with a lawyer if an I-212 waiver might be required for your husband.

 

Ban will be up in 7 months, and the I-130 isn't filed yet.  No waiver is needed.

[Family 3,988]

Based on OP , the I-130 was already approved and they are at DS-260 stage. 
 

OP, answer yes to both questions and provide details of the 2 day in detention along with being denied admission and expedited removal. 
 

Once he gets to the interview, you will know if there are any other issues 

[gydhuerta 0]

Thanks everyone for their input. I filled out and answered "Yes" to both questions and gave a brief explanation. 

 

But a few more questions, would you all agree these is the correct way to answer the questions below? Just want validation/opinions on how to go about answering them. 

 

(Some background info, after being detained for two days he did have a hearing were he was given the 5 year ban by the judge. He has never lived in the US and that's his only illegal entry).

 

If that doesn't align with the answers I chose please let me know!

 

Answered "Yes" to being removed from the U.S. and having a removal hearing

 

Believe none of those apply to him 

Unsure if this one should be "Yes". 

 

[iwannaplay54 985]

Cant say never unlawfully present when you were ordered removed for what appears to be unlawfully present.  
 

Under what circumstances do none of these apply?  Looks like the more than 180 days if he got a 5 yr ban? At a minimum unlawfully present and ordered removed is yes.

 

Illegally entry is unlawfully present.  At least two of these are yes.

Edited February 10, 2023 by iwannaplay54

[gydhuerta 0]

On 2/10/2023 at 11:08 AM, iwannaplay54 said:

Cant say never unlawfully present when you were ordered removed for what appears to be unlawfully present.  
 

Under what circumstances do none of these apply?  Looks like the more than 180 days if he got a 5 yr ban? At a minimum unlawfully present and ordered removed is yes.

 

Illegally entry is unlawfully present.  At least two of these are yes.

Good point - I didn't catch that. I have updated the answers to the questions highlighted in yellow since he would be considered unlawfully present for his illegal entry attempt. 

 

Regarding the other comment about being unlawfully present for more than the 180 days,  I kept the answer as "No" since the only time he was in the country were those two days that he was in the detention center.

Also, what do you all think,  should the "Have you ever traveled to any countries in the past five years?" be "Yes" ? No other travel other than the illegal attempt. 

[gydhuerta 0]

On 2/9/2023 at 2:53 PM, Family said:

Based on OP , the I-130 was already approved and they are at DS-260 stage. 
 

OP, answer yes to both questions and provide details of the 2 day in detention along with being denied admission and expedited removal. 
 

Once he gets to the interview, you will know if there are any other issues 

Thank you, I did answer the questions (as shown above) and tried to provide those details. 
Do you know if there are possibilities that he will be required a I-212 waiver even if he has his interview after the 5 year ban?