Denied Entry

[K1waiting 0]

Hey,

I was hoping someone might be able to help with a little information. I was vising my (now fiance, K1 petitioner) in the US. I'm from the UK. I sepnt 89 days in the US, then went to Canada with a view to returning to the US for a month before going home to the UK. To make sure this was ok we called USCIS and were told that this would be fine (incorrectly informed it seems, as this was not ok).

Upon trying to re-enter the US, I was denied under section 217.4(A)(1).

(a) Determinations of excludability and inadmissibility . (Redesignated as (a) effective 4/1/97, previously (b); 62 FR 10312 )

(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 appli cant for admission under section 217 of the Act and 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 8 CFR 208.2©(1) and ©(2) . (Paragraph (a)(1) revised effective 11/28/09; 74 FR 55725 ) (Paragraph (a)(1) revised effective 4/1/97; 62 FR 10312 )

Could anyone please explain what impact, if any, this will have on our K1 visa application. I'm guessing it will be fine, but would like to make sure.

Thanks very much

[Ryan H 3,812]

Could anyone please explain what impact, if any, this will have on our K1 visa application. I'm guessing it will be fine, but would like to make sure.

Other than possibly being questioned about it at the K1 interview, it will not have any bearing on your application.

[Adil & Jeanne 296]

Doesn't make sense at all. From UK, you don't have to apply for visitor visa.

You fill out paperwork just as I do to go to UK. There must be more to this.

Hey,

I was hoping someone might be able to help with a little information. I was vising my (now fiance, K1 petitioner) in the US. I'm from the UK. I sepnt 89 days in the US, then went to Canada with a view to returning to the US for a month before going home to the UK. To make sure this was ok we called USCIS and were told that this would be fine (incorrectly informed it seems, as this was not ok).

Upon trying to re-enter the US, I was denied under section 217.4(A)(1).

(a) Determinations of excludability and inadmissibility . (Redesignated as (a) effective 4/1/97, previously (b); 62 FR 10312 )

(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 appli cant for admission under section 217 of the Act and 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 8 CFR 208.2©(1) and ©(2) . (Paragraph (a)(1) revised effective 11/28/09; 74 FR 55725 ) (Paragraph (a)(1) revised effective 4/1/97; 62 FR 10312 )

Could anyone please explain what impact, if any, this will have on our K1 visa application. I'm guessing it will be fine, but would like to make sure.

Thanks very much

[K1waiting 0]

Ok thanks very much.

Just to clarify with a little more info. It was a over a year ago and I was in a bit of a panic about the whole thing so my recollection of the the specifics is a bit blurred, but I'm pretty sure I was denied because I didn't have a return ticked with me, and as I didn't want to take all my things from the US to Canada and back with me, I'd only brought cash and a couple of changes of clothes. My wallet, bank cards and the remainder of my clothes were left in the US.

Some of my answers to the question from the CBP officers probably didn't help in hindsight. For example when asked where my things were, I told them all my things were in the US, my reason being that they would see this as a reason to let me in, whereas looking back it would have seemed like I'd left them there with the intention of staying! A bit careless really!

Anyway I was told I could return to the US after being granted a B2, but that I would now be ineligible to travel under the VWP, no ban or anything.

Glad it wont affect the K1 app

[K1waiting 0]

Doesn't make sense at all. From UK, you don't have to apply for visitor visa.

You fill out paperwork just as I do to go to UK. There must be more to this.

I was originally travelling under the VWP, I was denied when attempting to re-enter the US.

[Sean86 31]

Doesn't make sense at all. From UK, you don't have to apply for visitor visa.

You fill out paperwork just as I do to go to UK. There must be more to this.

You cannot LEGALLY stay in USA for more than 90 days under VWP ( assuming thats what he came as) and US law counts days spent in mexico and canada within these 90 days and thats the reason they denied him entry.

[Harsh_77 718]

When u called USCIS to check if u can travel to Canada or not, did u inform them u were applying for K1?

I m assuming u were in US on VWP- under ordinary circumstances it would had been ok, but on your return entry CBP officer got back u have applied for K1 and he was not satisfied that u would return to ur home country to finish your K1 process.

U had already spent 89 days out of 90 days allowed on VWP in US.

During your K1 interview you could be questioned over your attempt to outsmart the system.

Other than getting grilled there should not be any adverse effect on your case.

[K1waiting 0]

When u called USCIS to check if u can travel to Canada or not, did u inform them u were applying for K1?

I m assuming u were in US on VWP- under ordinary circumstances it would had been ok, but on your return entry CBP officer got back u have applied for K1 and he was not satisfied that u would return to ur home country to finish your K1 process.

U had already spent 89 days out of 90 days allowed on VWP in US.

During your K1 interview you could be questioned over your attempt to outsmart the system.

Other than getting grilled there should not be any adverse effect on your case.

No, this about a year ago, we only applied for the K1 at the start of June this year and at the time we were just friends. We only decided to start the K1 process after I was back in the UK and my fiance came over to visit.

[Sean86 31]

When u called USCIS to check if u can travel to Canada or not, did u inform them u were applying for K1?

I m assuming u were in US on VWP- under ordinary circumstances it would had been ok, but on your return entry CBP officer got back u have applied for K1 and he was not satisfied that u would return to ur home country to finish your K1 process.

U had already spent 89 days out of 90 days allowed on VWP in US.

During your K1 interview you could be questioned over your attempt to outsmart the system.

Other than getting grilled there should not be any adverse effect on your case.

It wont have any effect on your petition. Just explain you didn't realize that days spent in canada and mexico counted towards your 90 days allowed. I have heard a lot of people make this mistake and assume that they can spend 89 days in US and go to canada or Mexico for few days and come back for another set of 90 days. THIS IS NOT ALLOWED,

You must leave the mainland North America to be considered for VWP entry again.

[canadian_wife 1,823]

Nope, no impact on the K-1. Of course you'll disclose it when asked

I was denied entry twice, it was a non-issue.

I was asked about it and the lady laughed and said "wanted to visit him eh?" I said "of course"

We shared a laugh and she moved on.

Good luck

[Fandango 1,439]

Just for clarification, the departure to Canada could be seen as merely a way to circumvent the 90 day rule, which goes against the intent of the VWP.

[K1waiting 0]

Ok thanks for all the replies all, put my mind at rest

We thought it would be best to just be totally up front with the K1 process, so we even put a paragraph about me being denied in our Question 18 (how we met) answer.

thanks again.

[Channah&Aaron 51]

; I was denied entry too (May 2010) and was afraid that this might effect our K1. (I'm still traumatised LOL)

But people told me that I shouldn't worry about it, as long if you don't have a 3/10/life time ban on your plate.

The reason they didn't let me in, was because they thought I wanted to stay here- as I couldn't prove strong ties to my home country. And I had some paint samples in my suit case because Aaron was about to move and I'd like to do home decorating as I was convinced I'm going to live with him after all this immigration.

However, the Officer told me that I should go back home and apply for B2 Visa. And after 2 months I had my interview and passed!! THANK GOD!!

I flew back 3 times after in the same year, with no problems. Although you ALWAYS go to secondary inspection as B2 has been given because of specific reasons. They ask me some questions every time I go to the US (I am in the US now for 4 months ) and never ever had a problem of entering the US with my B2 Visa.

It won't effect your Visa if you don't have a ban above your head. I have my NOA2 and my interview comes up very soon. They might ask me and you some questions, but they won't deny you because of that.

Good luck & don't worry!!

[Casprd 167]

Doesn't make sense at all. From UK, you don't have to apply for visitor visa.

You fill out paperwork just as I do to go to UK. There must be more to this.

Actually makes perfect sense as under the VWP you are only allowed a 90 day stay and an exit to and re-entry from Canada or Mexico does not reset the clock.

[K1waiting 0]

Thanks Channah & Aaron, and yes, I only found out after I got back home to the UK that Canada and Mexico don't reset the 90 days. The person I spoke to at USCIS before I left for Canada must have been new as he gave me incorrect information in saying that it would.