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Kaylee_B

Husband's B2 Visa Canceled at the Port of Entry... Application of Admission WithDrawn?

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My husband and I have just completed our case at the NVC for his CR-1 Visa. We sent in an expedited request for for appointment because of a medical condition that I have and and they approved it.

Now we are just anxiously awaiting for his appointment form the consulate in Ciudad Juarez. However, I am so terrified that there's a potential they could deny his visa because last year when he tried to come back to the States, he was denied entry at the port of entry at LAX and they canceled his B2 visa.

He went back to Mexico to see his family when we were in the midst of this process because the USCIS told me he had to leave if his visa was close to being expired, so he did so in July of 2014, but when we tried to come back in September 2014, CBP in airport at first questioned his intentions to enter the US, then after my husband explained them what USCIS told us and how they were in the process and he didn't realize that he couldn't leave the country and they then made him go back to Mexico and told him that he could come back once he gets his new visa.

However, they stamped "22CFR41.22(e)2" in his passport and also stamped an "Application of Admission Withdrawn" next to it.

Does anyone know what that means? Or what we should expect in his interview?

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Aspects of your post are not clear. Your husband was in the U.S. prior to July 2014 (how was he in the country and for how long?) and then left in July of 2014. But then he tried to enter again in September and denied.

What was the expiration date of the visa?

Had your husband been living and working in MX leading up to all of this?

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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You make it sound like he was living in the US and visiting Mexico?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Aspects of your post are not clear. Your husband was in the U.S. prior to July 2014 (how was he in the country and for how long?) and then left in July of 2014. But then he tried to enter again in September and denied.

What was the expiration date of the visa?

Had your husband been living and working in MX leading up to all of this?

good luck

My husband and I met when I was studying abroad in Mexico, then he came to visit me in November 2013, and we decided to get married in February 2014. We got married in the states on his B2 visa. We had no idea how the immigration process worked and we started our paperwork in March 2014 with the USCIS; however, we also had no idea if he was supposed to stay with me in the states or if he had to go back to Mexico during the process (because the 6 month allowance for his latest entry in the US was almost up) so we called the USCIS and asked them and they told him to go back, so he did. But little did we know that he couldn't come back until his CR-1 visa process was over, which is why they denied him entry at the port of LAX for more or less, having the wrong visa. His home and all of his financial assets are in Mexico. He never worked or broke any laws here in the states with his B2 visa, nor was our marriage planned out. Everything was done on a whim out of an act of passion and love and we have been trying our best to go through this process legally from the beginning. We are just nervous that what happened to him in the port of LAX last will effect his CR-1 visa approval.

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Entered in November of 2013 but left in July of 2014.

That's 8 months, not 6. Is my math wrong? Sounds like he overstayed which is probably why he was denied

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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If he entered in November and left in July that is more than 6 months and he would have voided his Visa.

If we assume you got the dates slightly wrong it sounds like he visited for 6 months, went home, tried to come back a few months later so not surprising he got the response he did.

Not the normal pattern of a visitor.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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You make it sound like he was living in the US and visiting Mexico?

He was never technically living in the US, we were trying to understand and figure out what our best options were for him in the mist of this process. He went back to Mexico before the time that they allowed him on last entry expired, not his actual visa, sorry for not being clear.

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If he entered in November and left in July that is more than 6 months and he would have voided his Visa.

If we assume you got the dates slightly wrong it sounds like he visited for 6 months, went home, tried to come back a few months later so not surprising he got the response he did.

Not the normal pattern of a visitor.

His b2 visa was for 10 years. He left and came back a couples times to see me between November 2013 and July 2014, one time in December and another time in March. He never overstayed his time they gave him, ever.

Entered in November of 2013 but left in July of 2014.

That's 8 months, not 6. Is my math wrong? Sounds like he overstayed which is probably why he was denied

good luck

His b2 visa was for 10 years. He left and came back a couples times to see me between November 2013 and July 2014, one time in December and another time in March. He never overstayed his time they gave him, ever.

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He was never technically living in the US, we were trying to understand and figure out what our best options were for him in the mist of this process. He went back to Mexico before the time that they allowed him on last entry expired, not his actual visa, sorry for not being clear.

You said he left in July. That's not leaving before allotted time is up.

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You said he left in July. That's not leaving before allotted time is up.

His b2 visa was for 10 years. He left and came back a couples times to see me between November 2013 and July 2014, one time in December and another time in March. He never overstayed his time they gave him, ever.

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So he has been making multiple entries with short periods back home, that makes more sense but is not what you originally said.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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between November 2013 and July 2014 how many days would you say he was in the U.S.

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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So he has been making multiple entries with short periods back home, that makes more sense but is not what you originally said.

Sorry if i wasn't clear, It's hard to explain every little detail of our situation. I'm mostly just seeing advice on what that code means on his visa and if it's going to negatively affect his CR-1 with the application of admission withdrawn.

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Devil can often be in the details but on the basis of what you have written so far his immigrant visa should not be impacted.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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