DS-230 with a refusal at POE for the applicant.

[Lynx Scout 0]

Sooo. This is the point where my blood is starting to run cold.

Last year in 2010 I got really ill around June, and my husband tried to get into the states to get to me. Note the word tried. Because of the earlier stamps in his passport, and the fact that, yes, he was going to answer truthfully, he told them he married a US citizen. No surprise they turned him around at the gate. At the moment I don't remember what is stamped in his passport for it; likely a violation of VWP or the fact that he had a 130 in process and was an 'immigration risk'.

I guess the question is, should I try and find a lawyer now. Unfortunately neither of us are very well off; the one I did talk to briefly wanted to charge 150 an hour by phone (my shrink charged less). Does anyone have any experience or knowledge about this?

Thanks.

[Harsh_77 718]

What are you trying to do, coz turning him around at POE does not stop your i-130 it still gets processed as normal. The only thing your husband would have to face is during the interview he would be questioned about his attempt to enter on VWP.

If you have the documentation from your insurance or hospital then he can produce that during the interview and let CO know he was just trying to get to you as you were sick.

Other then that if you have specific question - someone here can tell you if you need a lawyer or not.

[Lynx Scout 0]

What are you trying to do, coz turning him around at POE does not stop your i-130 it still gets processed as normal. The only thing your husband would have to face is during the interview he would be questioned about his attempt to enter on VWP.

If you have the documentation from your insurance or hospital then he can produce that during the interview and let CO know he was just trying to get to you as you were sick.

Other then that if you have specific question - someone here can tell you if you need a lawyer or not.

Yah I guess the question is these scary codes they stamped into his passport. He still also has the letter from when he was refused entry/expedited removal.

He got: 212 a 7 a i 1

and then oddly: 217(b) (isnt that caught and deported + 10 year ban? O.o)

Sorry, this is all scaring the heck out of me. I can easily get info from the doctor from that time last year concerning my condition.

[Alex B 9]

What are you trying to do, coz turning him around at POE does not stop your i-130 it still gets processed as normal. The only thing your husband would have to face is during the interview he would be questioned about his attempt to enter on VWP.

If you have the documentation from your insurance or hospital then he can produce that during the interview and let CO know he was just trying to get to you as you were sick.

Other then that if you have specific question - someone here can tell you if you need a lawyer or not.

Agreed!

The fact you tried to enter and were honest is not illegal at all. If you lied that would be illegal, worse it would be fraud which could give you big problems.

Your husband did none of this. He was honest and in the immigration officers opinion he was at risk of staying. It's opinion, nothing more. Just always make sure he's honest.

My wife comes down to Seattle from Vancouver and she's been admitted. She always makes sure she has pay slips, mortgage statements, copy of the I-130 petition etc. She's usually complimented on how prepared she is and how she's obviously doing it the legal way. (fingers crossed because she's going to come again tomorrow night)

[Alex B 9]

Yah I guess the question is these scary codes they stamped into his passport. He still also has the letter from when he was refused entry/expedited removal.

He got: 212 a 7 a i 1

and then oddly: 217(b) (isnt that caught and deported + 10 year ban? O.o)

Sorry, this is all scaring the heck out of me. I can easily get info from the doctor from that time last year concerning my condition.

It looks to me that the immigration officer considered that he was an intending immigrant and wasn't in possession of an immigrant visa. Just strengthens my "opinion" that he just didn't present the IO with enough evidence that this was just a visit and nothing more.

Just do a google for INA 212 A 7 and you'll get some light reading to do...

He's welcome to try again, although if it's an airplane ride it could get expensive. To reduce the expense have him try to go though a pre-clearance location, like Shannon or Dublin, if in Europe. This reduces the expense if deemed inadmissible. Also make sure he has lots of evidence of continuing ties back to his home country. e.g. pay stubs, letter from employer saying when he's expected back at work, mortgage statements etc.

Remember, you're considered an immigrant until such time that you can convince an IO that you're not. He just failed to do this on the last trip. The stamp in the passport is to stop him attempting to go shopping for a more lenient border guard. He's be questioned next time, and probably at interview for the immigrant visa. Again, just be honest and state that he had insufficient evidence with him.

The advice from my lawyer was that the intending immigrant rules are only meant to apply to this trip, not future trips, so although you've indicated that he intends to be an immigrant in the future, it doesn't necessarily hold that he's an intending immigrant this time.

[Alex B 9]

and then oddly: 217(b) (isnt that caught and deported + 10 year ban? O.o)

And I keep reading, 217(b) is just saying that he doesn't get to appeal this because he attempted to enter under the VWP and if you do that you have no right of appeal.

Ok, I promise I'm done replying now!

[Lynx Scout 0]

Agreed!

The fact you tried to enter and were honest is not illegal at all. If you lied that would be illegal, worse it would be fraud which could give you big problems.

Your husband did none of this. He was honest and in the immigration officers opinion he was at risk of staying. It's opinion, nothing more. Just always make sure he's honest.

My wife comes down to Seattle from Vancouver and she's been admitted. She always makes sure she has pay slips, mortgage statements, copy of the I-130 petition etc. She's usually complimented on how prepared she is and how she's obviously doing it the legal way. (fingers crossed because she's going to come again tomorrow night)

Thanks.. I'm just sort of terrified because they stamped his passport with a deportation stamp (217.4 (b) is caught in the country already violating immigration and deported. He was expedited out which is a ©, or an (a) maybe.. but was never allowed into the country.) Its a good thing he tends to keep important papers safe as this was last year, he still has the transcripts and stuff from his conversation with the officer.

And yah the issue is he doesn't own property in the UK and is currently unemployed, sooo his family they don't consider ties compared to his wife

[kutakendra 3]

My fiance has the same refusal. He was honest. He is now awaiting interview for his K1, and we have no reason to think he will be denied. I do not doubt he will be scrutinized by the CO, but he was honest, so I can see no reason why that would stop your petition. He DID NOT ENTER. THEREFORE THERE IS NO VISA VIOLATION. (and his attempt to enter was related to you, which is one of the requirements of the visa-- proving a legitimate relationship.) Had he overstayed, then maybe you would need a lawyer. Use this sight often for your paperwork! If you have little money, remember you need about $20,000 income to sponsor him or you will need a co-sponsor.

Edited April 22, 2011 by kutakendra

[Lynx Scout 0]

My fiance has the same refusal. He was honest. He is now awaiting interview for his K1, and we have no reason to think he will be denied. I do not doubt he will be scrutinized by the CO, but he was honest, so I can see no reason why that would stop your petition. He DID NOT ENTER. THEREFORE THERE IS NO VISA VIOLATION. (and his attempt to enter was related to you, which is one of the requirements of the visa-- proving a legitimate relationship.) Had he overstayed, then maybe you would need a lawyer. Use this sight often for your paperwork! If you have little money, remember you need about $20,000 income to sponsor him or you will need a co-sponsor.

Apparently he overstayed the last time - for all of 4 days, which was accidental (we counted wrong). I'm not thinking that will be an issue though from what I've seen - it just excludes you from ever using the VWP again (which is what the officer told him - no more VWP, you now need a valid visa.)

And yeah, my income is over 20k - it's the self-support in the city thing that makes it hard plus my medical bills That and lots of plane tickets sort of make a dent on saving

[Lynx Scout 0]

And I keep reading, 217(b) is just saying that he doesn't get to appeal this because he attempted to enter under the VWP and if you do that you have no right of appeal.

Ok, I promise I'm done replying now!

LOL no, you saved me from a heart attack! I was reading around but I'm a biologist, not law minded at ALL, so it just turns my brain to jam.. thank you!!

Edit: and he didnt try I again I just flew to the UK - as I have all the 'ties' paperwork and can prove I have property in the US/income/will not be a burden on England.

Edited April 22, 2011 by Lynx Scout

[Alex B 9]

Apparently he overstayed the last time - for all of 4 days, which was accidental (we counted wrong). I'm not thinking that will be an issue though from what I've seen - it just excludes you from ever using the VWP again (which is what the officer told him - no more VWP, you now need a valid visa.)

And yeah, my income is over 20k - it's the self-support in the city thing that makes it hard plus my medical bills That and lots of plane tickets sort of make a dent on saving

OK, so maybe I'm not done replying!

Now I'm not a lawyer, I need to preface this next bit...

The penalties for overstay are 180 days to 1 year - 3 year ban, 1 year plu - 10 year ban.

If he overstayed by 4 days then he's not going to be subject to a ban but he won't be able to use the VWP. This will come up on the DS-230 and he must answer truthfully and he should expect to be questioned on it at interview.

Back to the trips to see you. In short, no chance, I'm afraid. He'll have to apply for a visa but based on what others have said they won't issue a B-2 visa if there's an I-130/I-129F pending and he has no other way of entering. He's also not going to be able to show sufficient ties to the UK. Remember, you're also a tie of him to the US. They're going to consider that unemployed and renting vs. wife just isn't going to work.

Sorry to be the bringer of bad news (my opinion, of course)

[Lynx Scout 0]

Sorry to be the bringer of bad news (my opinion, of course)

Its ok

This happened last June. Instead, I went to England last year. But yeah. No seeing each other till this is all over unless I fly to England, that I knew of last year -- or we both go to Canada...

It's been almost 4 months now.. I won't be greedy, other people have waited longer, and these days it's thankgod for the internet (though that doesn't generate a whole lot of these 'letters' and 'phone bills' they speak of bringing to the interview, so we're going to likely have to get creative to prove our consistent daily contact, I supect..

Edited April 22, 2011 by Lynx Scout

[Casprd 167]

ran across this explanation

In layman's terms, 212(a)(7)(A)(i)(I) means immigrant not in possession of an immigrant visa. Every applicant for admission to the U.S. is considered to be an immigrant unless and until he can establish entitlement to a nonimmigrant visa classification.

As others have said it isn't a big issue and if you include the evidence of your illness and correspondence with your fiance about it then it is easily explainale. Shouldn't cause any issues with your petition or interview.

[Harsh_77 718]

Apparently he overstayed the last time - for all of 4 days, which was accidental (we counted wrong). I'm not thinking that will be an issue though from what I've seen - it just excludes you from ever using the VWP again (which is what the officer told him - no more VWP, you now need a valid visa.)

And yeah, my income is over 20k - it's the self-support in the city thing that makes it hard plus my medical bills That and lots of plane tickets sort of make a dent on saving

I am assuming he was trying to enter on VWP - officer saw he had overstayed his VWP last time and he was not admissible on the VWP anymore and thats what the refusal stamp is stamped on his passport.

[amykathleen2005 441]

Simple he broke the simple rules of VWP (don't overstay) the first time. Therefore he couldn't use it. That's all. No harm done to your immigration paperwork.