POE

[Gosia & John 0]

quick question, does anyone know if they can deny your entrance after you arrive at the POE?

[magdasal 19]

Yes, of course they can.

It's doubtful they would do it if all of the papers and visa are in order though.

[Gosia & John 0]

If you have all the paper work they required you to have than there should be no problems?

Thanks for the quick response

[magdasal 19]

Yes, should be no problem...I'm not sure what the context of the question here is though. They have to power to deny any non-citizen entry for virtually any reason they want...but not likely, if everything looks valid to them.

[Done--Really 331]

Maybe you can tell us why you asked the question--what is making you nervous ??

[Gosia & John 0]

one of my friend's sister immigrated to the US through canada and they never got checked at the POE. she got married to her fiancee and is filing her i-130 sometime this month. she is turning 18 either next month or in july. they contacted a lawyer and he told them it's best if she leaves before her 18th birthday so she doesnt get the 3 or 10 year bar on re entry. the problem is shes scared they will be asking about her parents (which are still in the us) and will have problems at the interview and POE if she passes the interview.

so this question was basically for my friend's sister. Any advice i can give her? What do you think about this situation she's in?

[magdasal 19]

Ok, the question makes sense now...hopefully, some of the Canadian regulars who have experience with Canada/US POE can chime in...I have no experience with this type of issue.

[Gosia & John 0]

yeah it's a messed up situation. hopefully someone can help

[Done--Really 331]

There isn't enough information here--it sounds like she entered illegally--is that true?? And if it is, has she ever left, or said differently, is there just one illegal entrance. And since she is married, she can most likely AOS here, but if she leaves before she is 18 to avoid the 3/10 year bars, then that option goes out the window. This could be very simple or very complex, so the decision has to be made very carefully.

[canadian_wife 1,823]

When did she enter? They USED to just waive people through if crossing at a land bridge, but that hasn't been the case for years and years

Where did she cross? When?

Good luck

[Gosia & John 0]

i'm not sure where she crossed it, but it was the canada-USA border. she was 10 and it happened in 2003.

she never left u.s and is planning on leaving now before she turns 18 in a month. and they aready applied for the i-130.

their lawyer said she has to go back and get a visa with the i-130 since she didnt get inspected at the POE and never had an actual visa to the US.

yes magical, she entered illegally with her parents

[canadian_wife 1,823]

Ah yes, then the smart thing would be to leave (obviously) before she turns 18 and begins accuring unlawful presence

Is there a USC who will petition a visa for her?

Are you absolutly sure she does not have a claim to US citizenship? You might want to press her (or her parents) for more information

but to answer your question, yes they can deny you at the POE with a immigrant or non-immigrant K visa. Recently it happened to 2 Canadians. 1 the CBP told the man he was not eligible for the immigrant visa and refused him to enter, the other was denied entrance on her K-1 visa

good luck

[Krikit 1,164]

i'm not sure where she crossed it, but it was the canada-USA border. she was 10 and it happened intheir lawyer said she has to go back and get a visa with the i-130 since she didnt get inspected at the POE and never had an actual visa to the US.

I am guessing they are not Canadian, then? Because Canadians don't require visas to enter the US. Unless they swam across, or entered without going through a POE, she/they would have definitely been inspected. If the lawyer isn't aware of the basics for Canadians, I'd be contacting one who does.

[canadian_wife 1,823]

I am guessing they are not Canadian, then? Because Canadians don't require visas to enter the US. Unless they swam across, or entered without going through a POE, she/they would have definitely been inspected. If the lawyer isn't aware of the basics for Canadians, I'd be contacting one who does.

Good point, I assumed they were not Canadian

[Gosia & John 0]

no she's not canadian. she flew to canada from poland and crossed the border without inspection. her husband is a USC.

so even if she gets a visa from the us embassy in warsaw she can still get denied at the POE right?