Denied entry; Are we banned?

[shogimatt 0]

My wife was denied entry on the Visa Waiver Program shortly after we got married. I posted about this previously in another thread:

http://www.visajourney.com/forums/index.php?showtopic=157577

My wife was detained alone, and so I didn't get to hear what they said to her. Given her emotional state at the time and that she isn't a native English speaker, it's no surprise that we don't have a clear understanding of what they "charged" her with, and what the consequences are.

They had her sign many papers, and didn't leave her with any copies. Is there a way to find out what happened and what it means for her visa chances?

I've been told on this forum that a denial of entry under the VWP will not influence our chances of getting other visas like the K-3 or the green card. However, my wife remembers them telling her that she couldn't come back on the VWP for the rest of her life (I seem to remember them saying that this would only last for five years, although by this point I've read so many cases that I can't trust my own memory on her case), and sometimes she thinks they told her that she could never come back on any visa at all (they never told me this). They also told her there were 7 reasons why she was being denied, ... I'm not sure if they were "serious" offenses, or if they were just dotting their i's and crossing their t's in order to send her back to Japan legally.

There is one thing that makes us worry a bit. A while ago, she tried at the embassy in Japan to get a tourist visa to visit for 6 months (oh how innocent we were). That was, of course, denied, and we forgot about it and started meeting under the VWP. When she was detained this last time while attempting to come in on the VWP to visit, she (and I) had completely forgotten about her earlier attempt to get a bona-fide tourist visa. The officers told her she had lied about not having been refused a visa before, and this was one of the strikes against her.

Thank you for reading this long post. My basic question is: can we find out somehow what the effects of her denial of entry (and her previous tourist visa refusal) are? Or is it just that denial of entry under the VWP is never a serious mark against you in the K-3/DCF process?

[YuAndDan 153]

Simple answer being denied entry as a visitor has NO affect on an immigrations visa, and NO effect at a visa interview.

A Banning happens when a person enters the USA as a visitor and OVER-STAYS the allowed period by 180 days pr more.

What they were saying is if denied entry on VWP, that in future will need a regular visa to enter the USA like an immigrant visa or visitor's visa.

MORE: http://www.cbp.gov/xp/cgov/travel/id_visa/...ure/vwp/vwp.xml

[himher 634]

It would have been wise to familiarize yourselves with the guidelines, standards, and requirements for entry.

Start here:

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

[shogimatt 0]

It would have been wise to familiarize yourselves with the guidelines, standards, and requirements for entry.

Start here:

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

You're right. Trust me, we're much more familiar now

[shogimatt 0]

It would have been wise to familiarize yourselves with the guidelines, standards, and requirements for entry.

Start here:

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

I noticed a couple of things:

( C) Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

and

( A) Certain aliens previously removed.-

(i) Arriving aliens.-Any alien who has been ordered removed under section 235(b )(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

It seems that these two apply to my wife. The first one, misrepresentation, was not intentional on her part, but I think that it's on her record.

This seems to mean that we will need to file a waiver of ineligibility. Has anyone had experience with this?

Thank you!

[canadian_wife 1,822]

Ok first, what makes you think your wife was charged with misrepresentation? Did she sign anything when she was denied entry? Did the officer say she was being charged?

Was your wife ever ordered to be removed from the Untied States?

[Gemmie 142]

I think the papers that she signed were to claim that she was withdrawing her use of the VWP... basically, if she doesn't "willingly" withdraw her "application" to use the VWP and leave the US, she can be deported and that is subject to a real ban. It's telling her that she can either leave by will, or by force.

Your wife isn't able to use the VWP again (at least not in the next 5 years) but it shouldn't have any affect on your visa. That is an immigrant visa, and overrides any waiver programme.

[pushbrk 12,895]

Simple answer being denied entry as a visitor has NO affect on an immigrations visa, and NO effect at a visa interview.

A Banning happens when a person enters the USA as a visitor and OVER-STAYS the allowed period by 180 days pr more.

What they were saying is if denied entry on VWP, that in future will need a regular visa to enter the USA like an immigrant visa or visitor's visa.

MORE: http://www.cbp.gov/xp/cgov/travel/id_visa/...ure/vwp/vwp.xml

I'd be concerned about the material misrepresentation issue. She lied when asked if she'd been denied a visa before. "I forgot" is not an excuse. I'd ask about this in the waivers forum.

[shogimatt 0]

Ok first, what makes you think your wife was charged with misrepresentation? Did she sign anything when she was denied entry? Did the officer say she was being charged?

Was your wife ever ordered to be removed from the Untied States?

My wife was never ordered to be removed from the US, aside from the denial of entry. But I assume that isn't what you mean by "ordered to be removed"?

She signed all kinds of paperwork without fully understanding them. Given that they questioned her for around 8 hours, that she isn't a native English speaker, and that I think she was terrified out of her mind, it's hard to say exactly what the charges were. They most definitely told her that she misrepresented her previous visa refusal, but I'm not sure if they also charged her with misrepresentation and made her sign a paper to that effect.

Is there a way to find out what they had her sign?

[shogimatt 0]

I'd be concerned about the material misrepresentation issue. She lied when asked if she'd been denied a visa before. "I forgot" is not an excuse. I'd ask about this in the waivers forum.

Thank you! I have posted this in the waivers forum as suggested:

http://www.visajourney.com/forums/index.php?showtopic=160801

[canadian_wife 1,822]

Being denied entry and order of removal are different. I've been denied entry but it is not an order of removal - as you have to be IN the US to be removed.

The denial of entry is trivial (at least for me) and I was granted admittance a few weeks later. If it was serious I doubt the would have let me back in.

If she lied about her previous refusal of a visa (and forgetting is not a good enough reason), then yes - you have a problem. I think you might want to consult an immigration lawyer to find out your options.

[notime4haterz 0]

This same exact thing happened to my husband when he tried to come on visa waiver. It means absolutely nothing and don't worry about it. We weren't married, but when they asked him, "Why are you coming here?" He said, "To see my fiance" and they denied him entry and sent him back home. He also had to sign a paper which was basically a list of all the questions they asked him and all his answers. So his visa waiver was voided, but that doesn't mean anything towards immigration with the K-3 visa or the I-130. All that means is that they cannot come to the US until the whole process is done and they are eithe given CR-1 or a K-3 visa.

You should anticipate being apart for a long time or you going there to visit her. She won't be able to come here until she's approved.

[Beautiful_years 0]

Seek the help of an attorney, they know how to handle such problems and i wish you goodluck and hope things are sorted out right.

[Liam and Kara 6]

My wife was denied entry on the Visa Waiver Program shortly after we got married. I posted about this previously in another thread:

http://www.visajourney.com/forums/index.php?showtopic=157577

My wife was detained alone, and so I didn't get to hear what they said to her. Given her emotional state at the time and that she isn't a native English speaker, it's no surprise that we don't have a clear understanding of what they "charged" her with, and what the consequences are.

They had her sign many papers, and didn't leave her with any copies. Is there a way to find out what happened and what it means for her visa chances?

I've been told on this forum that a denial of entry under the VWP will not influence our chances of getting other visas like the K-3 or the green card. However, my wife remembers them telling her that she couldn't come back on the VWP for the rest of her life (I seem to remember them saying that this would only last for five years, although by this point I've read so many cases that I can't trust my own memory on her case), and sometimes she thinks they told her that she could never come back on any visa at all (they never told me this). They also told her there were 7 reasons why she was being denied, ... I'm not sure if they were "serious" offenses, or if they were just dotting their i's and crossing their t's in order to send her back to Japan legally.

There is one thing that makes us worry a bit. A while ago, she tried at the embassy in Japan to get a tourist visa to visit for 6 months (oh how innocent we were). That was, of course, denied, and we forgot about it and started meeting under the VWP. When she was detained this last time while attempting to come in on the VWP to visit, she (and I) had completely forgotten about her earlier attempt to get a bona-fide tourist visa. The officers told her she had lied about not having been refused a visa before, and this was one of the strikes against her.

Thank you for reading this long post. My basic question is: can we find out somehow what the effects of her denial of entry (and her previous tourist visa refusal) are? Or is it just that denial of entry under the VWP is never a serious mark against you in the K-3/DCF process?

Hey am sorry to hear you note i was in the same boat, i had travelled to be with my Fiance in USA a few weeks ago, naively we had not read to much of VISA JOURNEY(we have now) i had planned to come over on the travel visa for 80 days and return in the new year, i was also stopped and denied entry and was told the same i would NEVER be able to enter the country under this travel visa again due to me being denied entry, they did explain to me the process of the visa i needed to apply for and that it would not effect our application, i know right now beleive me how stressful it can seem but what to do is apply for the correct visa and take it from there we did and are waiting to hear back. good luck Liam & Kara

[Marmite Lovers! 0]

The numbers they wrote in her passport where they stamped the denial will give you answers. They are a series of numbers relating to the "offenses".

A denial will NOT have a negative effect on your immigrant visa. The best one, so I here is the CR-1. K3 isn't so good. Do some reading and asking questions, before you throw $$ at a lawyer.

Good luck to you both.