does my case on denied entry to u.s will affect my k3??pls help!

[shella 0]

good day to all!!!i just wanna ask if my case will affect my k3 petiton to my husband..ive been in the staes 3 times already for a tourist visa..never overstayed on al visits..the last time i got denied and they cancelled my visa too.that was feb of 2004.they put something on my passport like 212 etc.now i got married last month to a us citizen and he was petitiopning me under k3.i just wanted to know if that will affect something during my interview?or should i file waiver?if yes when do i have too.also the ban they told me is for 5 years.does it mean i can not enter us for 5 years even as a spouse visa or only for a tourist visa.pls help me to understand this.im thanking all in advance!god bless us!

[desperate_heart 0]

Dear Shella,

What you mean by deny? Did they refuse you to entry and they sent you back home? Would you please give more details about what happened at the time when you are entering USA?

[twellspeak 0]

The best advice I can give you is to hire a good immigration lawyer.

Definitely need some more information here, there must have been some problem if you received a 5 year ban. From what you posted, I would say that you will probably be denied and will have to file a waiver. Check the waiver section of this site for more information on that process.

Edited July 31, 2006 by twellspeak

[zyggy 9]

That depends why you were sent back...

Was there a notation made in your passport or was anything given to you at the POE... If so, we need to know what that is...

[Yodrak 7]

Zyggy,

She wrote in her post that a notation was made in her passport referring to INA 212?

Yodrak

That depends why you were sent back...

Was there a notation made in your passport or was anything given to you at the POE... If so, we need to know what that is...

[zyggy 9]

That depends why you were sent back...

Was there a notation made in your passport or was anything given to you at the POE... If so, we need to know what that is...

Yes.. but INA 212 what?

[shella 0]

That depends why you were sent back...

Was there a notation made in your passport or was anything given to you at the POE... If so, we need to know what that is...

Yes.. but INA 212 what?

hello!thank you all for replying to me...im so touched and happy..yes i was denied to enter us the last time i went there in u.s...the notation they put in my pass port are these 212(a)(7)(A)(i)(I).. ireally dont know what that means and they cancelled my visa.it was a multiple visa and suppose to be it will expire on year 2011.i never oversatayed in all visits..the immigration officer told me i am ban for 5 years.now i just dont know if that includes when you enter there as a spouse and not in a tourist visa anymore..do you thinks guys that there will be a problem on my interview for that...pls give some advices.....thanks a lot again and im thanking agin in advance.god bless us all!

[aussiewench 9]

Found this.

According to INA §212(a)(7)(A)(i), any immigrant who, at the time of application for admission:

1. who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations, or

2. whose visa has been issued without compliance with the provisions of the Immigration and Nationality Act,

[shella 0]

Found this.

According to INA §212(a)(7)(A)(i), any immigrant who, at the time of application for admission:

1. who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations, or

2. whose visa has been issued without compliance with the provisions of the Immigration and Nationality Act,

hi ausiewench,

when i went there all my documents are still valid.my passport and my visa.really dont know what happened.all they do is trying to ask me over and over agin if i worked there and its like they wanted me to admit even if i dont work there...they cancelled my visa and cant do anything about it...just wanted to know if i have to file a waiver when do i have to do it?was it now or how will i know if i need to.coz my husband already filed a for I-130...can we file the waiver at the same time?if not?how.pls help me on this to understand it...thanks agin.you guys are all helping me a lot!

[Married_my_love 0]

just wanted to know if i have to file a waiver when do i have to do it?was it now or how will i know if i need to.coz my husband already filed a for I-130...can we file the waiver at the same time?if not?how.pls help me on this to understand it...thanks agin.you guys are all helping me a lot!

Your I-130 will be approved, but when you get to the Embassy, that is where the ConOff will decide whether you can/can't get visa. At most embassies you can submit the waiver same day. The waiver would need to be submitted after the denial though, not before.