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Advice for sister denied US entry yesterday

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Hi everyone, hoping I can get some advice for my devastated sister.

Yesterday, she was denied entry to the U.S.. She was coming, with her boyfriend, to spend a week on vacation.(they're both mid-twenties) It would be her boyfriend's first ever time in the U.S. and they were both so excited, they'd planned for months and saved all their money to come.They planned to stay with me (I'm a legal permanent resident) for the entire trip.

After she was pulled into secondary, the officers explained that she had an overstay on her record (30days) and that they were denying her but her boyfriend could go if he wanted to. He didn't want to leave her but she basically forced him to come so that he could still TRY to enjoy the vacation that they both planned for and so at least some of their money would not go to waste. But she is DEVASTATED and is wondering if she should try to apply for a tourist visa tomorrow and maybe, if she's approved she can try to catch some of the last days of the vacation with him.

Some background:

My sister was in college in the US a few years ago but in her sophomore year, our family experienced some financial difficulties after my father died and we could no longer pay her tuition so the school let her go. It so happened that during that same time my other sister was about to give birth in a few weeks (here in atlanta) so when my sister (the sister in question) decided to stay here until the baby was born and then go home. She ended up overstaying for thirty days.

It's been two years since the overstay and all this time my sister has been home (in the Bahamas), working and applying for scholarships in order to get back into school. Last year, she decided to apply for a tourist visa in order to attend our brother's football game (he plays college football) . She was denied the visa not because of the overstay but because they said, due to her age, and the fact that she lived with my mom, she didn't have enough ties to her home country so she couldn't go. Then, earlier this year, that same brother (who is her twin by the way) was graduating and she really wanted to come so she decided that since she was denied the visa months before, she would just try to travel on her police record (Bahamains don't really need visas, we can travel on a clean police record in most cases). When she got to the border, there were NO problems, no talk of her overstay nothing, she was allowed to come through. She was able to attend the graduation and stayed for a little over a week before returning home.

So, it's months later and after having that positive experience at the border she was feeling great and thinking that she could travel with her boyfriend and enjoy a vacation together but this time she was stopped at the border. The officers told her that the last time she travelled, whoever processed her just didn't catch it and that's why she was allowed through. They told her she was no longer able to travel on her police record but try to get a visa before travelling next time. So like I said, she's devastated, her boyfriend is now here with me but he can't enjoy himself because he's devastated and I am devastated.

My question is, is it advisable for her to try again at the visa office? She has a job (although it is for my family's company), she has a bank account, she does live with my mom though so she owns no property (I mean she's 23!) Most of her family is in the Bahamas except for me and our brother who is about to start grad school. She is a good person and only wanted a week with her boyfriend since they are both on vacation. She begged and pleaded with the officers, showed them her itinerary...all that.

What can she do to show further ties to the Bahamas? Should she even try for the visa? What are her options? Does it look bad that she just tried to enter the US yesterday and is now applying for a visa so soon? Or that she just applied for a visa last year and was denied?

Any help would be appreciated.


I'm the Beneficiarydancin5hr.gif

Sept 7th, 2013 = K1 Visa Application Submitted

Sept 18th, 2013 = NOA 1 via e-mail - Case Accepted and Routed to Texas Service Center

Sept 27th 2013= Received NOA1 hard copy

Oct 5th-12th 2013 = Had an AMAZING week together and now back to waiting...ClockWatch2.gif

February 12th 2014 = Five month mark passed. Service request ordered. They said in 27days we should have an answer.

March 15th 2014 = ALIEN REGISTRATION NUMBER CHANGED! FINALLY! dancin5hr.gif

May 31st-June 11th 2014 -Spent a Beautiful week and a half together and got a huge surprise on the day before she left. :D

June 10th 2014 = PETITION APPROVED!!! Hallelujah! :dance:

August 8th 2014 = Medical. Results: Passed

September 23rd 2014= INTERVIEW: APPROVED! so happy!!!!!!!

September 25-28th 2014 = System Error prevents VISA from being issued. :cry:

September 29th 2014= VISA in hand :dancing:

September30th 2014= Entered the USA :thumbs:
December 22nd 2014=MARRIED :)

March 18th 2015 = Filed AOS

April 3rd 2015 = Received NOA1 hard copies

June 20th 2015 = Received EAD/AP card in mail :)

July 28th 2015 = Received Notice of Potential Interview waiver :mellow:

Feb 29th 2016= FINALLY! RECEIVED MY GREENCARD! :dancing:

January 26th, 2018: Filed I-751 Removal of Conditions 

Feb 2nd 2018: Received NOA1

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She can certainly apply for a tourist visa. However, in my eyes, it looks like she is desperate to come to the US, which she obviously is. The reasons to go to the US are not relevant.

I'm sorry this happened, but the overstay should not have been ignored the last time. It sounds like she was rightfully denied, even if it was a surprise. I know it is devastating. I've been denied entry twice, it is not an easy experience.

You ask about ties, then talk about applying immediately. Can she really produce additional ties in such a short amount of time? She can try for an employment letter that states her expected return date, does she own a car? Does she have any events coming up? I once used a medical appointment card as a 'tie' as it showed I fully intended to stay in Canada.

Good luck


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


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February 13, 2009 - NVC case number assigned
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Citizenship

April 29, 2013 - NOA1 for petition received

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Waited...

September 29, 2015 - sent letter to senator.

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Getting a tourist visa does not negate the fact that she overstayed 30 days. A tourist visa does not guarantee entry to the US. The overstay would come into question just the same as when she tried to come here using her police record. And there is a good chance she could be denied entry again just the same.

She can try to apply for the visa, but it will not improve her chances of being able to enter the US.

Edited by Zedayn

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No downside applying, seems a long shot.


“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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Getting a tourist visa does not negate the fact that she overstayed 30 days. A tourist visa does not guarantee entry to the US. The overstay would come into question just the same as when she tried to come here using her police record. And there is a good chance she could be denied entry again just the same.

She can try to apply for the visa, but it will not improve her chances of being able to enter the US.

Thanks for the reply, but if the visa will not improve her chances of being able to enter the US then why did the CBP officers tell her to get a visa and she would be able to travel? They said at the border, "you're not banned or anything but because of your overstay, we're denying you entry and you've lost the privilege of traveling with just the police record, just get your visa and then you can travel. "


I'm the Beneficiarydancin5hr.gif

Sept 7th, 2013 = K1 Visa Application Submitted

Sept 18th, 2013 = NOA 1 via e-mail - Case Accepted and Routed to Texas Service Center

Sept 27th 2013= Received NOA1 hard copy

Oct 5th-12th 2013 = Had an AMAZING week together and now back to waiting...ClockWatch2.gif

February 12th 2014 = Five month mark passed. Service request ordered. They said in 27days we should have an answer.

March 15th 2014 = ALIEN REGISTRATION NUMBER CHANGED! FINALLY! dancin5hr.gif

May 31st-June 11th 2014 -Spent a Beautiful week and a half together and got a huge surprise on the day before she left. :D

June 10th 2014 = PETITION APPROVED!!! Hallelujah! :dance:

August 8th 2014 = Medical. Results: Passed

September 23rd 2014= INTERVIEW: APPROVED! so happy!!!!!!!

September 25-28th 2014 = System Error prevents VISA from being issued. :cry:

September 29th 2014= VISA in hand :dancing:

September30th 2014= Entered the USA :thumbs:
December 22nd 2014=MARRIED :)

March 18th 2015 = Filed AOS

April 3rd 2015 = Received NOA1 hard copies

June 20th 2015 = Received EAD/AP card in mail :)

July 28th 2015 = Received Notice of Potential Interview waiver :mellow:

Feb 29th 2016= FINALLY! RECEIVED MY GREENCARD! :dancing:

January 26th, 2018: Filed I-751 Removal of Conditions 

Feb 2nd 2018: Received NOA1

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She can certainly try but she was rightfully denied and could possibly be out $165 usd for the visa attempt.

Yep, you're right, this is what we're afraid of because this has happened before. Sigh. I just feel so bad for her.


I'm the Beneficiarydancin5hr.gif

Sept 7th, 2013 = K1 Visa Application Submitted

Sept 18th, 2013 = NOA 1 via e-mail - Case Accepted and Routed to Texas Service Center

Sept 27th 2013= Received NOA1 hard copy

Oct 5th-12th 2013 = Had an AMAZING week together and now back to waiting...ClockWatch2.gif

February 12th 2014 = Five month mark passed. Service request ordered. They said in 27days we should have an answer.

March 15th 2014 = ALIEN REGISTRATION NUMBER CHANGED! FINALLY! dancin5hr.gif

May 31st-June 11th 2014 -Spent a Beautiful week and a half together and got a huge surprise on the day before she left. :D

June 10th 2014 = PETITION APPROVED!!! Hallelujah! :dance:

August 8th 2014 = Medical. Results: Passed

September 23rd 2014= INTERVIEW: APPROVED! so happy!!!!!!!

September 25-28th 2014 = System Error prevents VISA from being issued. :cry:

September 29th 2014= VISA in hand :dancing:

September30th 2014= Entered the USA :thumbs:
December 22nd 2014=MARRIED :)

March 18th 2015 = Filed AOS

April 3rd 2015 = Received NOA1 hard copies

June 20th 2015 = Received EAD/AP card in mail :)

July 28th 2015 = Received Notice of Potential Interview waiver :mellow:

Feb 29th 2016= FINALLY! RECEIVED MY GREENCARD! :dancing:

January 26th, 2018: Filed I-751 Removal of Conditions 

Feb 2nd 2018: Received NOA1

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She can certainly apply for a tourist visa. However, in my eyes, it looks like she is desperate to come to the US, which she obviously is. The reasons to go to the US are not relevant.

I'm sorry this happened, but the overstay should not have been ignored the last time. It sounds like she was rightfully denied, even if it was a surprise. I know it is devastating. I've been denied entry twice, it is not an easy experience.

You ask about ties, then talk about applying immediately. Can she really produce additional ties in such a short amount of time? She can try for an employment letter that states her expected return date, does she own a car? Does she have any events coming up? I once used a medical appointment card as a 'tie' as it showed I fully intended to stay in Canada.

Good luck

You said you were denied entry twice? How did you eventually overcome this? That medical card was a good idea.. did it work? Yeah, I realize it sounds like she's desperate. She just wanted to experience this vacation with her boyfriend who's never been here . I know it sounds flimsy to most but when you're that age and you plan and save and work hard and save some more for something, to see it all go down the drain is really heartbreaking. I think she's made up her mind to try applying again but I'm worried she will be wasting more money. but if she doesn't try she will always wonder, "what if?"

Last time she applied she did not produce a job letter, this time she will, she is getting one from her boss today. She is involved in many community events so she is thinking of talking about those. For instance she's vital in the youth programme at church, maybe she can get the chairman to write a letter as well? I don't know.


I'm the Beneficiarydancin5hr.gif

Sept 7th, 2013 = K1 Visa Application Submitted

Sept 18th, 2013 = NOA 1 via e-mail - Case Accepted and Routed to Texas Service Center

Sept 27th 2013= Received NOA1 hard copy

Oct 5th-12th 2013 = Had an AMAZING week together and now back to waiting...ClockWatch2.gif

February 12th 2014 = Five month mark passed. Service request ordered. They said in 27days we should have an answer.

March 15th 2014 = ALIEN REGISTRATION NUMBER CHANGED! FINALLY! dancin5hr.gif

May 31st-June 11th 2014 -Spent a Beautiful week and a half together and got a huge surprise on the day before she left. :D

June 10th 2014 = PETITION APPROVED!!! Hallelujah! :dance:

August 8th 2014 = Medical. Results: Passed

September 23rd 2014= INTERVIEW: APPROVED! so happy!!!!!!!

September 25-28th 2014 = System Error prevents VISA from being issued. :cry:

September 29th 2014= VISA in hand :dancing:

September30th 2014= Entered the USA :thumbs:
December 22nd 2014=MARRIED :)

March 18th 2015 = Filed AOS

April 3rd 2015 = Received NOA1 hard copies

June 20th 2015 = Received EAD/AP card in mail :)

July 28th 2015 = Received Notice of Potential Interview waiver :mellow:

Feb 29th 2016= FINALLY! RECEIVED MY GREENCARD! :dancing:

January 26th, 2018: Filed I-751 Removal of Conditions 

Feb 2nd 2018: Received NOA1

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Thanks for the reply, but if the visa will not improve her chances of being able to enter the US then why did the CBP officers tell her to get a visa and she would be able to travel? They said at the border, "you're not banned or anything but because of your overstay, we're denying you entry and you've lost the privilege of traveling with just the police record, just get your visa and then you can travel. "

Pretty much anyone can apply for a B2 visitor visa, whether they get one or not is another issue.

They would have told her if she wants to visit she will need a Visa, not up to them if she is issued one. If she gets one the chances of any subsequent issue for a short trip are slim.

As a general comment, the visa is decided on the basis of the application, sometimes other paperwork will be looked at but that is very rare.


“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 said you were denied entry twice? How did you eventually overcome this?

Canadians do not need visas. I was denied entry twice, then arrived at the border with heaps of ties to Canada and was given entry, but limited. I simply took advantage of the easy travel relationships that Canada has with the US, it sounds like she did the same thing.

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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why? the approve my travel document and i have advance parole cardwhy they gave to me if i cannot use?

Basically you're taking a chance. You could get back in no problem, but because you've overstated so long it's possible that you get an officer upon re entry that will enforce a 10 year ban that you'd incur from overstay. Not worth the risk to me.

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The INA 212 overstay bars do not apply to someone with a pending I-485 and a valid Advance Parole document, per Matter of Arrabally.


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