Denied entry

[mish30 0]

Hey

I got a b-2 visa in 2007 and I have entered the US twice since then and gone back within the normal time limits. However, I got married to a permanent resident and have a US citizen child (17 mnths now). On my third visit (july 2009) I was questioned and "allowed to withdraw my application for entry", told to come back ona k3 and my visa was revoked.

The problem is that I want to do a medical residency program in the US and I want to join the Kaplan program for step 1 and step 2 starting January in NJ. (My husband stays in Wa).What are my chances on getting an I20 and in turn a visa?

[Otto 83]

May depend on what the official reason for being denied entry and your B2 visa revoked was.

[Dakine 26]

Hey

I got a b-2 visa in 2007 and I have entered the US twice since then and gone back within the normal time limits. However, I got married to a permanent resident and have a US citizen child (17 mnths now). On my third visit (july 2009) I was questioned and "allowed to withdraw my application for entry", told to come back ona k3 and my visa was revoked.

The problem is that I want to do a medical residency program in the US and I want to join the Kaplan program for step 1 and step 2 starting January in NJ. (My husband stays in Wa).What are my chances on getting an I20 and in turn a visa?

It's very difficult for me to comprehend why USCIS clamps down on people that have entry visas and all of the sudden when they marry deny them to enter. Who would be dumb enough to go illegal when they have a excellent chance of ending up with being a LPR or US citizen.

To me things just don't add upp.

You'd think USCIS would want people who may be a US citizen to start getting adjusted and end up being a productive person and an addition to our country.

[daboyz 36]

Hey

I got a b-2 visa in 2007 and I have entered the US twice since then and gone back within the normal time limits. However, I got married to a permanent resident and have a US citizen child (17 mnths now). On my third visit (july 2009) I was questioned and "allowed to withdraw my application for entry", told to come back ona k3 and my visa was revoked.

The problem is that I want to do a medical residency program in the US and I want to join the Kaplan program for step 1 and step 2 starting January in NJ. (My husband stays in Wa).What are my chances on getting an I20 and in turn a visa?

It's very difficult for me to comprehend why USCIS clamps down on people that have entry visas and all of the sudden when they marry deny them to enter. Who would be dumb enough to go illegal when they have a excellent chance of ending up with being a LPR or US citizen.

To me things just don't add upp.

You'd think USCIS would want people who may be a US citizen to start getting adjusted and end up being a productive person and an addition to our country.

They probably have some script they use like telemarketers. "If B-2 visa holder tries to enter with spousal visa pending, deny entry" Gotta love the govt.

[JimVaPhuong 4,863]

Hey

I got a b-2 visa in 2007 and I have entered the US twice since then and gone back within the normal time limits. However, I got married to a permanent resident and have a US citizen child (17 mnths now). On my third visit (july 2009) I was questioned and "allowed to withdraw my application for entry", told to come back ona k3 and my visa was revoked.

The problem is that I want to do a medical residency program in the US and I want to join the Kaplan program for step 1 and step 2 starting January in NJ. (My husband stays in Wa).What are my chances on getting an I20 and in turn a visa?

It's very difficult for me to comprehend why USCIS clamps down on people that have entry visas and all of the sudden when they marry deny them to enter. Who would be dumb enough to go illegal when they have a excellent chance of ending up with being a LPR or US citizen.

To me things just don't add upp.

You'd think USCIS would want people who may be a US citizen to start getting adjusted and end up being a productive person and an addition to our country.

In this case, it isn't USCIS. It's CBP. They're both part of the Department of Homeland Security, but they're more closely associated with ICE than USCIS. This means their job is enforcement - not immigration adjudication. If they think someone might be using a visa for a reason other than the one for which it was issued then it's their job to turn them back. It's not their job to determine if that person would qualify for a visa for the purpose which they believe the person is trying to enter. If someone has a non-immigrant visa, and they believe that person intends to immigrate, then they're supposed to turn them away and tell them to get an immigrant visa.

In this case, someone who is married to an LPR, has a US citizen child, and wants to do their medical residency in the US shows up at a port of entry with a tourist visa. I think they did the right thing turning her away.

mish30, it would have been illegal for you to work or attend school in the US on a B2 visa. If you have already been accepted by a university and can get a SEVIS I-20, then go for it. Otherwise, have your LPR husband file an I-130 for a family preference 2, and be prepared to wait about 5 years. You are not eligible for a K3 - your husband is not a US citizen.

[baron555 934]

Hey

I got a b-2 visa in 2007 and I have entered the US twice since then and gone back within the normal time limits. However, I got married to a permanent resident and have a US citizen child (17 mnths now). On my third visit (july 2009) I was questioned and "allowed to withdraw my application for entry", told to come back ona k3 and my visa was revoked.

The problem is that I want to do a medical residency program in the US and I want to join the Kaplan program for step 1 and step 2 starting January in NJ. (My husband stays in Wa).What are my chances on getting an I20 and in turn a visa?

It's very difficult for me to comprehend why USCIS clamps down on people that have entry visas and all of the sudden when they marry deny them to enter. Who would be dumb enough to go illegal when they have a excellent chance of ending up with being a LPR or US citizen.

To me things just don't add upp.

You'd think USCIS would want people who may be a US citizen to start getting adjusted and end up being a productive person and an addition to our country.

I think it makes perfect sense to me. Prior to marriage, your entry on the B-2 was valid and such. Then you got married. Of course the assumption is that you would want to be with your spouse, on a permanent basis. You can't do that on a B-2. The K-3 or the CR-1 is the way to go.

You will need to follow that process to its end before you make any other plans. Sorry but in retrospect, this scenario should have been planned for.

You'll be fine, just follow the next logical proces, K-3 or CR-1.

[Vijay 0]

The main problem is that the person has shown immigration intent by marrying a LPR or a US citizen and the B2 visa is tourist visa. This is why she was turned back and tourist visa revoked. I think the only option that remains is to do consular processing from the home country.

Hey

I got a b-2 visa in 2007 and I have entered the US twice since then and gone back within the normal time limits. However, I got married to a permanent resident and have a US citizen child (17 mnths now). On my third visit (july 2009) I was questioned and "allowed to withdraw my application for entry", told to come back ona k3 and my visa was revoked.

The problem is that I want to do a medical residency program in the US and I want to join the Kaplan program for step 1 and step 2 starting January in NJ. (My husband stays in Wa).What are my chances on getting an I20 and in turn a visa?

It's very difficult for me to comprehend why USCIS clamps down on people that have entry visas and all of the sudden when they marry deny them to enter. Who would be dumb enough to go illegal when they have a excellent chance of ending up with being a LPR or US citizen.

To me things just don't add upp.

You'd think USCIS would want people who may be a US citizen to start getting adjusted and end up being a productive person and an addition to our country.

In this case, it isn't USCIS. It's CBP. They're both part of the Department of Homeland Security, but they're more closely associated with ICE than USCIS. This means their job is enforcement - not immigration adjudication. If they think someone might be using a visa for a reason other than the one for which it was issued then it's their job to turn them back. It's not their job to determine if that person would qualify for a visa for the purpose which they believe the person is trying to enter. If someone has a non-immigrant visa, and they believe that person intends to immigrate, then they're supposed to turn them away and tell them to get an immigrant visa.

In this case, someone who is married to an LPR, has a US citizen child, and wants to do their medical residency in the US shows up at a port of entry with a tourist visa. I think they did the right thing turning her away.

mish30, it would have been illegal for you to work or attend school in the US on a B2 visa. If you have already been accepted by a university and can get a SEVIS I-20, then go for it. Otherwise, have your LPR husband file an I-130 for a family preference 2, and be prepared to wait about 5 years. You are not eligible for a K3 - your husband is not a US citizen.

[justashooter 430]

The main problem is that the person has shown immigration intent by marrying a LPR or a US citizen and the B2 visa is tourist visa. This is why she was turned back and tourist visa revoked. I think the only option that remains is to do consular processing from the home country.

and all this time i thought that B2 visas were for entering the US to give birth so that you can have US citizenship for your child. boy was i wrong.

[Ban Hammer 13,403]

The main problem is that the person has shown immigration intent by marrying a LPR or a US citizen and the B2 visa is tourist visa. This is why she was turned back and tourist visa revoked. I think the only option that remains is to do consular processing from the home country.

and all this time i thought that B2 visas were for entering the US to give birth so that you can have US citizenship for your child. boy was i wrong.

http://www.visajourney.com/forums/index.php?showtopic=207663

[JimVaPhuong 4,863]

The main problem is that the person has shown immigration intent by marrying a LPR or a US citizen and the B2 visa is tourist visa. This is why she was turned back and tourist visa revoked. I think the only option that remains is to do consular processing from the home country.

and all this time i thought that B2 visas were for entering the US to give birth so that you can have US citizenship for your child. boy was i wrong.

I discovered something that really blew me away a few weeks ago. I know that most people are aware that a child born in the US can acquire US citizenship by birth, but I was amazed to find out that a very large number of people in California actually thought that child automatically conveyed US citizenship or other legal immigration status to their parents. Apparently, they heard the term "anchor baby", and just presumed this meant having a baby in the US gave rights to the parents. What was just as interesting was that immigrants, especially illegal immigrants, knew that this wasn't true. It was mostly native born citizens who thought it was true.

[Ed+Cindy 1]

Hey

I got a b-2 visa in 2007 and I have entered the US twice since then and gone back within the normal time limits. However, I got married to a permanent resident and have a US citizen child (17 mnths now). On my third visit (july 2009) I was questioned and "allowed to withdraw my application for entry", told to come back ona k3 and my visa was revoked.

The problem is that I want to do a medical residency program in the US and I want to join the Kaplan program for step 1 and step 2 starting January in NJ. (My husband stays in Wa).What are my chances on getting an I20 and in turn a visa?

You may be admitted on another non-tourist visa, even if its not a K or CR/IR visa.

My wife was denied entry (when she was my girlfriend) on a B1/B2 visa. We were told by CBP (via a congressman's inquiry) that she could enter on an H1B. Of course we had the K-1 one, so she never pursued any kind of employment based visa.

I think any kind of visa that gives you more status than a visitor should work, but its still up to CBP.

Edited July 31, 2009 by Ed+Cindy

[Redneck-NOVA 1]

The main problem is that the person has shown immigration intent by marrying a LPR or a US citizen and the B2 visa is tourist visa. This is why she was turned back and tourist visa revoked. I think the only option that remains is to do consular processing from the home country.

and all this time i thought that B2 visas were for entering the US to give birth so that you can have US citizenship for your child. boy was i wrong.

This is all easily fixable. All you need to do is to pass a law that a child born in the US only becomes a US citizen if he is born to a US citizen parent or LPR (at least one). Then maybe even illegals will stop breeding like there is no tomorrow and have their kids drain budget to help obama furhter bankrupt the economy. But then government would have to pull their collective head out of their collective #### and this is a ) too much effort for the govt and b ) they seem to like having it there....

Edited July 31, 2009 by Redneck-NOVA

[Chica Yeyé 41]

To the OP: you will need to indeed apply for a K-3 visa, or a CR-1. Entering with a B2 visa with intent to study (or of course live permanently in the US) is fraud. and check out what your options are. what country are you from? I think it might be possible for you to obtain your visa on time.

The main problem is that the person has shown immigration intent by marrying a LPR or a US citizen and the B2 visa is tourist visa. This is why she was turned back and tourist visa revoked. I think the only option that remains is to do consular processing from the home country.

and all this time i thought that B2 visas were for entering the US to give birth so that you can have US citizenship for your child. boy was i wrong.

This is all easily fixable. All you need to do is to pass a law that a child born in the US only becomes a US citizen if he is born to a US citizen parent or LPR (at least one). Then maybe even illegals will stop breeding like there is no tomorrow and have their kids drain budget to help obama furhter bankrupt the economy. But then government would have to pull their collective head out of their collective #### and this is a ) too much effort for the govt and b ) they seem to like having it there....

Not contributing at all to answer the OP's questions. Ewok set the law a couple of weeks back: comments like the above have no place in the upper forums. VJ sheesh.

[William33 110]

Let's keep the off topic comments in OT. Last warning.

[Frenchwife 1]

I don't know what is the B2 visa.

But I have been entering with Visa waiver with my K2 application pending

and it makes sense as long as I show ties (house, work etc) that demonstrate that i don't plan to stay

with B2 visa aan you still have those ties ?

Edited July 31, 2009 by Frenchwife