I-130 - Refused entry into the states on previous visit

[say101 0]

As always, thankyou to all that read and respond to my questions, as inane and stupid as they appear! Like all that have been through this process, I just want it to go smoothly and end up with the right result, my wife and I together.

My question is this, I have been refused entry into the states (twice). Once because they thought I was an intended immigrant ( I wasn't) because I had spent 6 months in and out of the states on the VWP and the other for trying to catch a connecting flight in Miami to go to Lima, Peru so see the missus. (So be warned, if you need a visa to go to the states, you need one to catch a connecting flight from the states to another country. I learned the hard way).

Anyway, having been refused entry twice, is this the question 16 on the form I-130 that asks if your relative has ever been under immigration proceedings? I have put NO but upon reflection think that this should be YES. If so is it Removal, or Exclusion/Deportation?

Thanks again,

SAY

[sachinky 464]

You weren't deported/removed. You were denied entry at POE, from what I understand.

[canadian_wife 1,791]

Was anything put into your passport? Were you given any paperwork when you were turned around? You want to make sure you weren't given a expedited removal

good luck

[say101 0]

They did write in my passport. Hard to read but it looks like "VW Refusal pursuant to ?????? looks like 2120 TAI or something, then INA.

The paperwork that they gave me was a record of sworn statement in administrative proceedings from the INS. All very scary and official looking.

[canadian_wife 1,791]

You need to be more clear. INA is the Immigration Nationality Act - what are the combination of numbers and letters that follow INA because this will be the reasons for refusal.

And INS has not existed in years so unless this happened many years ago, INS does not appear on your paperwork. Please be more clear as to what it all says. The more precise you are, the better answers you will get

Good luck.

[say101 0]

You need to be more clear. INA is the Immigration Nationality Act - what are the combination of numbers and letters that follow INA because this will be the reasons for refusal.

And INS has not existed in years so unless this happened many years ago, INS does not appear on your paperwork. Please be more clear as to what it all says. The more precise you are, the better answers you will get

Good luck.

I was refused entry in Jan 2009 and given a Record of Sworn Statement (Form I-877) (which is an interrogation interview) by the US Department of Justice - Immigration and Naturalization Service. In the interview they talked about my reason for entry and the refusal reason was pursuant to section 212 (a) (7) (b) (II) of the INA which is a non-immigrant without a valid non-immigrant visa and was refused for being an intended immigrant.

In the passport I have the hand written statement "8 CFR 217.4 (a) (i) MIA 1/24/09 z (or 2)488 and the number A99939540.

Sorry for the detail but I hope it helps with the answer to the question: What do I have to declare on the form I-130 in regard to this? Was I deported/removed or what do I have to declare on the form??

Thanks again you guys and gals. You are all life-savers!

[canadian_wife 1,791]

All right, it looks like you were denied entry for having immigrant intent. This means you can no longer use the VWP to visit the US and if you do wish, you must apply for a B2 visa. However, because you have been declared an intending immigrant, any visa at this point will be very difficult to get.

Being denied entry does not need (If I remember correctly) to be declared on the I-130. However, when your case gets to NVC, the DS-230 will ask if you have ever been denied entry. YOu must answer yes and state it was because you had immigrant intent.

Good news is no removal proceedings.

Good luck.

[Moosker 7]

Yeah, you weren't "deported" you were just denied entry.

Any time I crossed the border, I had a ton of evidence proving I would return back to Canada, ie. bank statement, credit card bill, student loan, lease agreement, and a letter my boss would write me.

Try that next time, it does suck though eh?