Passport notation 8 cfr 217.4(a)(1)

[colin2496 0]

I have recently had an IR-1 turned down because the notation that I had put in my passport in Feb this year 8 CFR 217.4(a)(1)even though when I was refused entry to the USA the POE Officer said there would be no problem when I made the application to London later in the year.

This situation occured on a visit to the USA via land entry from Canada without proof of return ticket the Officier simply assumed I would stay in the USA.

Any thoughts please?

[canadian_wife 1,791]

(a) Determinations of inadmissibility. (1) An alien who applies for admission under the provisions of section 217 of the Act, who is determined by an immigration officer not to be eligible for admission under that section or to be inadmissible to the United States under one or more of the grounds of inadmissibility listed in section 212 of the Act (other than for lack of a visa), or who is in possession of and presents fraudulent or counterfeit travel documents, will be refused admission into the United States and removed. Such refusal and removal shall be made at the level of the port director or officer-in-charge, or an officer acting in that capacity, and shall be effected without referral of the alien to an immigration judge for further inquiry, examination, or hearing, except that an alien who presents himself or herself as an applicant for admission under section 217 of the Act, who applies for asylum in the United States must be issued a Form I–863, Notice of Referral to Immigration Judge, for a proceeding in accordance with §208.2(b)(1) and (2) of this chapter.

Which one of the listed items applied to you when you entered from Canada? Were you in possession of fraudulant documents?

What was the grounds for denial? You must have received some documentation

Good luck

[colin2496 0]

(a) Determinations of inadmissibility. (1) An alien who applies for admission under the provisions of section 217 of the Act, who is determined by an immigration officer not to be eligible for admission under that section or to be inadmissible to the United States under one or more of the grounds of inadmissibility listed in section 212 of the Act (other than for lack of a visa), or who is in possession of and presents fraudulent or counterfeit travel documents, will be refused admission into the United States and removed. Such refusal and removal shall be made at the level of the port director or officer-in-charge, or an officer acting in that capacity, and shall be effected without referral of the alien to an immigration judge for further inquiry, examination, or hearing, except that an alien who presents himself or herself as an applicant for admission under section 217 of the Act, who applies for asylum in the United States must be issued a Form I–863, Notice of Referral to Immigration Judge, for a proceeding in accordance with §208.2(b)(1) and (2) of this chapter.

Which one of the listed items applied to you when you entered from Canada? Were you in possession of fraudulant documents?

What was the grounds for denial? You must have received some documentation

Good luck

I entered with a valid UK passport, the grounds for denial were as I stated in the post (although I failed to make it clear that I am married to A USC) because we came in via land I had no return ticket and they ASSUMED I would stay illegally. They took a statement and finger prints from me, and told me I could not have a copy of the statement which I asked for, then told me to return to Canada. I still had a valid work permit for Canada so off we went. The only proof I have of the incident is the notation in my passport.

[canadian_wife 1,791]

SO again, my question is...what did the denial say? What documentation did you get of the denial? If you didn't get any, get on the phone with the consulate and find out

GOod luck

[colin2496 0]

SO again, my question is...what did the denial say? What documentation did you get of the denial? If you didn't get any, get on the phone with the consulate and find out

GOod luck

Denial from London was that due to the serverity of the incident at the border I would need a wavier, they gave me the 601 papers and said I would now have to leave the Embassy, no further action would be taken on my case until the 601 and hardship form were recieved. I received no official refusal from the embassy.

Edited September 19, 2010 by colin2496

[canadian_wife 1,791]

I guess I'm having trouble finding the 'severity' of a denial of entry due to presumed immigrant intent because I was denied entry twice for the same reason and it wasn't an issue

What happened that was so severe?

[LotofPatience 65]

Denial from London was that due to the serverity of the incident at the border I would need a wavier, they gave me the 601 papers and said I would now have to leave the Embassy, no further action would be taken on my case until the 601 and hardship form were recieved. I received no official refusal from the embassy.

If you got 601, file I-601 with the U.S Embassy in your country with a fee of $545 to overcome this situation immediately.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bb515f56ff55d010VgnVCM10000048f3d6a1RCRD

Loto

[colin2496 0]

I guess I'm having trouble finding the 'severity' of a denial of entry due to presumed immigrant intent because I was denied entry twice for the same reason and it wasn't an issue

What happened that was so severe?

Ok i can't give you anymore info on the severity of the incident it is what i've said and nothing more. It all seemed very low key at the boarder and now I can't get my IR-1! Should I now just get A solicitor on the case?

[canadian_wife 1,791]

If you were given the option of filing an I601 waiver, find a lawyer and get on that

Good luck

[colin2496 0]

If you were given the option of filing an I601 waiver, find a lawyer and get on that

Good luck

Ok thanks i'll look into that.

[colin2496 0]

Ok thanks i'll look into that.

Found A solicitor a Mr Steven Heller in Brighton England and now he is working on the case and says that he may be able to send a letter to the Embassy and get them to reconsider the decission, after he has obtained the records from the CBP to fully establish what the embassy are basing the inadmissibility on.

Thanks to all

[Matt n Shannon 3]

My wife has that same stamp when she attempted to cross the border. Canadian wife did your passport get stamped too?

[canadian_wife 1,791]

No, both times I was denied there was no stamp in my passport. This makes me think that this is more than just a simple denial issue

Op- keep us posted, I'm interested in the conclusion of this and your story can help others

Good luck

[Matt n Shannon 3]

I wonder how long between the time he was denied and he applied there was. So far it seems things are processing smoothly for us. I think by now we would of gotten the Denial IF there was going to be one.

[colin2496 0]

I wonder how long between the time he was denied and he applied there was. So far it seems things are processing smoothly for us. I think by now we would of gotten the Denial IF there was going to be one.

Attempted entry was 31/01/2010 and I-130 was filed in London on the 23/02/2010 if it is more than a simple denial I have no idea why but I'll find out when the CBP records arrive.