Fiance' Turned away

[carslo 0]

Here is a well written in clear language article on overstays which lead to action on the part of the USA.

http://www.tindallfoster.com/ExportedSite/...atus%5B1%5D.pdf

As to the mention that visits to the USA are accummulative towards a ban; the articles states

"Note that days in unlawful presense must be consecctive; multiple periods of unlawful presense, each not exceeding 180 days and seperated by departure from the United States, are not aggregated for the purpose of three- and ten-year bands."

Maybe this will help.

Carlso

[goldenheart 0]

thanks guys, I get get a hold of a laywer today, they told me I should be fine on moving on with either the k-1 or k-1 visa's that he is ban from entering until he has a visa, etc.... Any one know how long the k-3 or k-1 takes for Toronto/Colorado? Thanks again guys.

You should check with another lawyer. It has been my experience that even if you have the correct visa, the visa only allow you to travel to the Port of Entry and it is under the jurisdiction of the U.S. Custom and Border Patrol to grant you entry into the US. Furthermore, what are the consequences for signing a withdrawal letter?

Also, keep in mind that the Custom Border Patrol Officers believed that your fiance should not enter into the U.S. because.... in other words getting a visa will not correct this issue. It appears they are concern with the amount of time he spent in the USA previously.

[emt103c 10]

The border patrol allowed him to withdraw his application, which means there is no ineligibility for them to deny him entry once he has a visa. (They did not do an expedited removal so he won't need an I-212)

They did not do an expedited removal, because he did not technically have a ban, having an overstay of less than 180 days and having entered legally i.e. with inspection( he won't need an I-601.)

However, he had the potential of violating immigration status again, so without a visa he cannot enter again so they denied his entry.

However, as the consulate does their investigation, they will make notes to the CBP letting them know that there are no legal grounds of exclusion, and they will--if the information we've been given here is correct--issue the visa without a waiver, since there are no grounds in the INA for him to be excluded.

You are correct that the border patrol has final decision over entry, however they do not just deny people without cause. In this case, the Immigrant Visa, and the notations made by the consulate, will remove the reasons that CBP originally denied entry.

[new orleans bound 0]

If we got married would it effect us applying for a k-3?

Same effect. You first need to determine if there was an overstay of more than 180 days. If there was, any visa will be denied during the ban period. Waivers of inadmissibility can be granted for hardship, but not until after the visa application has been denied. If the overstay was less than 180 days a waiver should not be required and the visa may be granted.

John and Marlene- it's not necessarily true--if one's overstay is less than 180 days. I had an overstay of less than 180 days and it triggered a ban of 3 years. ANd even with a hardship application, I still didn't get approved till the three years were up. I'm going on 43 months and still no visa. Montreal says I've been approved but no documentation. Still pending.....