USA Entry denial on POE for Immigrants

[Life is short 8]

Did US Border Control officers ever denied an Immigrant to go into the USA knowing that the immigrant has a valid visa (not expired)?

or it is just a normal interview? 

can they deny entry or will approval be the only result of the interview?

 

[Lemonslice 4,553]

Yes, it happens.  Recent example is a fiancé who stated he didn't plan to get married (...) - other situations: people getting married in foreign country before trying to enter on a fiancé visa; criminal record, etc. 

[KULtoATL 1,551]

4 minutes ago, Lemonslice said:

Yes, it happens.  Recent example is a fiancé who stated he didn't plan to get married (...) - other situations: people getting married in foreign country before trying to enter on a fiancé visa; criminal record, etc. 

I remember the guy who was very flippant at answering the CBP officer which got him denied entry and the thread ran pages wrong. That was kinda crazy.

[geowrian 22,335]

Yes, people have been denied entry by CBP with an unexpired immigrant visa. It's very far from the norm, but does happen.

• The visa could have been revoked.
• The visa could have had a mistake (i.e. name doesn't match the passport).
• Missing or damaged sealed envelope.
• The officer could find you ineligible for various other reasons, such as
  • Criminal history / activity
  • Misrepresentation when interviewed with the officer
  • If entering on a visa that requires you to be single, if they uncover a reason to suspect that you may now be married, then they can deny you.

Basically, CBP has broad authority at POE. The only people guaranteed entry are USCs.

Edited August 22, 2017 by geowrian

[Life is short 8]

5 hours ago, Lemonslice said:

Yes, it happens.  Recent example is a fiancé who stated he didn't plan to get married (...) - other situations: people getting married in foreign country before trying to enter on a fiancé visa; criminal record, etc. 

Thank you. I wonder for those on Fiancee visa, how being married before arriving to USA will lead to denial, maybe because the USCIS asks them to marry within two months after arrival to US, still not convenient for these poor couples who want to start their life together.

 

Would criminal records affect US Border Control Officers decision even if it was approved during Consulate interview or the Waiver?

 

[Life is short 8]

5 hours ago, KULtoATL said:

I remember the guy who was very flippant at answering the CBP officer which got him denied entry and the thread ran pages wrong. That was kinda crazy.

I don't know about that thread, but I am pretty sure that flippant answer is a good reason for denial since it violates the law which states that fiancee visa applicant should marry the petitioner within two months of arrival to US.

 

I feel sorry for his fiancee.

[Life is short 8]

5 hours ago, geowrian said:

Yes, people have been denied entry by CBP with an unexpired immigrant visa. It's very far from the norm, but does happen.

• The visa could have been revoked.
• The visa could have had a mistake (i.e. name doesn't match the passport).
• Missing or damaged sealed envelope.
• The officer could find you ineligible for various other reasons, such as
  • Criminal history / activity
  • Misrepresentation when interviewed with the officer
  • If entering on a visa that requires you to be single, if they uncover a reason to suspect that you may now be married, then they can deny you.

Basically, CBP has broad authority at POE. The only people guaranteed entry are USCs.

That was very helpful, thanks for the addition which included information I didn't know before 

 

I agree that only US Citizens are the only guaranteed to enter the US. Is it normal to revoke a visa? why?

 

Can such mistakes (i.e misspelling of name on Visa, or Visa number has a typo and wrong number) be corrected easily and the applicant try to visit the US again after that? how can it be corrected?

 

Would criminal records affect US Border Control Officers decision even if it was approved during Consulate interview or approved through a Waiver?

 

I am new to this and seek your help

 

[Penguin_ie 5,985]

Criminal issues you have a waiver for will not affect entry, but if there is anything you did not declare, or that happened/ you were sentnced for after the visa was granted then yes,

 

Yes, mistakes on the visa can cause issues, even small ones. I remember someone on here who got denied because the visa said Steve and the passport Steven,

 

While these things do happen, denial at the port of entry are rare.  What exactly are you worried about?

[Life is short 8]

13 minutes ago, Penguin_ie said:

Criminal issues you have a waiver for will not affect entry, but if there is anything you did not declare, or that happened/ you were sentnced for after the visa was granted then yes,

 

Yes, mistakes on the visa can cause issues, even small ones. I remember someone on here who got denied because the visa said Steve and the passport Steven,

 

While these things do happen, denial at the port of entry are rare.  What exactly are you worried about?

Thanks for your comment , that was more than enough and answered my question thoroughly  

I am not worried but as the USCIS mentioned on their website that Visa doesn't give its holder the right to enter US as there are several parties that decide the entry, this includes: USCIS approves petition, Consulate Officer approves Visa Issuing, POE Consular approves Entry.  an applicant needs to go through all these steps (or gates) and pass in order to live with spouse in the US. I wish things were more simpler than that without the need to wait for long time.

 

 

 

 

[geowrian 22,335]

5 hours ago, Life is short said:

I agree that only US Citizens are the only guaranteed to enter the US. Is it normal to revoke a visa? why?

It's not "normal", but it's not unheard of either. They only do so if they discover a reason why you are not eligible to use the visa.

 

5 hours ago, Life is short said:

Can such mistakes (i.e misspelling of name on Visa, or Visa number has a typo and wrong number) be corrected easily and the applicant try to visit the US again after that? how can it be corrected?

How "easy" it is depends on the embassy and individual you get a hold of. But you can contact the embassy to request that they fix the issue and issue a new visa.

 

5 hours ago, Life is short said:

Would criminal records affect US Border Control Officers decision even if it was approved during Consulate interview or approved through a Waiver?

As noted above, only if it was not disclosed or it occurred after approval.

[NigeriaorBust 4,087]

  With fiancé iva holders who marry before entering the US.  Even if they make it in and have a US marriage , if it is discovered later they where married at entry , all benefits including the green card can be revoked.  If you are holding a wedding out of the US  , you have to use to spousal visa. 

[TheSkywalkers 143]

13 hours ago, Life is short said:

Did US Border Control officers ever denied an Immigrant to go into the USA knowing that the immigrant has a valid visa (not expired)?

or it is just a normal interview? 

can they deny entry or will approval be the only result of the interview?

 

yes they have the authority to deny entry to anyone who wishes to enter the US. there was one incident where a K1 visa holder was denied entry bec when he was asked whether he has plans of marrying the sponsor, he answered "Maybe or maybe not.". Even if it was just a joke from his end, you do not make jokes with an IO or a US Border Control Officer. If they see anything that suggests you're not there to follow your visa's purpose, you are not going to be allowed to come and enter the US.

[MrHanky 1,377]

7 hours ago, Life is short said:

Thank you. I wonder for those on Fiancee visa, how being married before arriving to USA will lead to denial, maybe because the USCIS asks them to marry within two months after arrival to US, still not convenient for these poor couples who want to start their life together.

 

Would criminal records affect US Border Control Officers decision even if it was approved during Consulate interview or the Waiver?

 

That's visa fraud

[Jhonny 472]

40 minutes ago, TheSkywalkers said:

yes they have the authority to deny entry to anyone who wishes to enter the US. there was one incident where a K1 visa holder was denied entry bec when he was asked whether he has plans of marrying the sponsor, he answered "Maybe or maybe not.". Even if it was just a joke from his end, you do not make jokes with an IO or a US Border Control Officer. If they see anything that suggests you're not there to follow your visa's purpose, you are not going to be allowed to come and enter the US.

Who will be thinking, first in make a joke with something that serious as that, and second be joking with a US Border Control Officer!!!!

You have to show respect, and manners to the officer, be correctly dressed ...

So many things.... i was astonished when I read this!!! Really!

[Roel 7,191]

8 hours ago, Life is short said:

Thank you. I wonder for those on Fiancee visa, how being married before arriving to USA will lead to denial, maybe because the USCIS asks them to marry within two months after arrival to US, still not convenient for these poor couples who want to start their life together.

 

It will lead to denial because it's a visa fraud. Fiancee visa means that you HAVE TO (it's not optional) marry in the USA - within 90 days of arrival. If you marry in some other country, after you receive the fiancee visa then that wedding makes the visa invalid. Some people might get lucky and somehow slip through the border while married on this visa, but during the adjustment of status they will probably be denied their green card. Since USCIS isn't that stupid and will know that the couple married outside of the USA.