refused at poe

[jaycali 415]

Petition = asking for permission to apply for a visa.

Visa = permission to enter a plane and apply for admission.

CBP/POE = final say on everything.

No visa guarantees entry. If the consulate decides a crime for example is not serious enough to deny a visa, the CBP may see it otherwise. It is rare though, especially for immigrant visas and K-1s due to the long process and many background checks already done by the USCIS and the consulate.

Edited March 6, 2012 by jhsm85

[canadian_wife 1,791]

They had provided all the criminal information during the process and it was discussed at the interview. The Consulate determined it was not an issue. The officer at the border decided otherwise. I'll see if I can find the link for you. Or perhaps Inky has it?

Here you go

http://www.visajourney.com/forums/topic/230871-denied-at-poe/page__hl__codybanks

Good luck

[GnBnL 50]

big brother is wattttccchiiinnngggg!! haha! they know all the dirt...so I guess if you're guilty, they'll probably refuse ya!

[Krikit 1,163]

Here you go

http://www.visajourn...__hl__codybanks

Awesome. Thank you!

[JimVaPhuong 4,863]

This is not true. having a criminal past doesnt automatically deny you a K1. What is important is they are not CIMT, which leaves a huge amount of crimes that are addmisable. Common Assualt for example, or Battery is not a CIMT. Where as common assualt with intent or deadly weapon is. just so we dont give out the wrong information to new VJ members with convictions applying for visa's.

However I had multiple convictions and one was a CIMT and still successfully obtained a K1, even without a lawyer and no I-601 waiver. So it is possible. Prior to the K1 I had had a B2 issue for 3 years with the same criminal history.

Although at POE I did used to get a grilling, and also questioned about the crimes.

Main thing is be polite and honest and you will be fine.

I think the point is that the crimes that would make you inadmissible for the purpose of getting a visa are the same crimes that would make you inadmissible at a port of entry. There aren't a separate set of laws or rules for both. Consulates generally do a much more thorough job of vetting someone to determine if they're admissible than a CBP officer does at a port of entry. This is because a consulate can take their time investigating it, whereas a CBP officer generally has a limited amount of time to investigate. I thought it odd that a consulate would clear someone and issue a visa, and a CBP officer would decide otherwise, and refuse to admit them. It would almost have to be something that happened after the visa was issued, or a clear mistake by either the consulate or the CBP.

Which brings us to...

Here you go

http://www.visajourney.com/forums/topic/230871-denied-at-poe/page__hl__codybanks

Good luck

Thanks for that! I read through the entire thread. Looks like Cody gave up on the K1, married, and filed an I-130, and then filed an I-601 at the interview. That was last June, and their timeline hasn't been updated since then. Anybody know what eventually happened?

Not enough details to know conclusively what happened, but it looks like it was probably a mistake by the CO. They shouldn't have issued the visa without first getting an I-601 waiver approved. From the way Cody described it, the CO just discussed it with their supervisor and eventually just decided to let it slide and issue the visa. CBP apparently didn't think the CO should have done that, and cancelled Cody's visa and told him to get an I-601 waiver before trying to cross the border again.

In that case, the consular officer appears to have made a discretionary decision on a matter where there should have been no discretion. Cody was inadmissible, and the consular officer doesn't have the discretion to waive that inadmissibility. Only DHS has that authority. If the CO had required Cody to submit an I-601 before issuing a visa, and USCIS would have approved the I-601, then CBP would have admitted him.

Tying this back to the OP's original question, a consular officer might issue a visa in spite of the fact that an inadmissibility exists that should have prevented the visa from being issued. If CBP discovers the inadmissibility then they can deny entry, in spite of the alien having an otherwise valid visa. I personally think this would be more likely to happen if the CBP officer thinks the consulate overstepped their authority by circumventing DHS authority to grant waivers. This is part of the power war between DHS and Department of State that Marc Ellis writes about. DHS doesn't like Department of State telling them what to do.

[codybanks 1]

I never hid anything in my K-1 visa, it went through Vermont process as well as the Consolate. They made us sit down durinng the interview, and who they contacted or discussed was not revealed to us during the interview. The CO asked me about it and I gave him all the details. He then granted me the K-1 Visa.

Now when I got to the Border, the CBP didn't even give me a chance to explain anything, he opened my file and saw the charges and had me sit for a while before putting me in confinment and after being at the port for almost 4 hrs, I was told that Montreal was wrong in issuing the Visa and also that Montreal was sorry. I got a call from Montreal a few months later asking if I was still going to the US. I told them that I was denied at the border, and the reason why the CBP denied me.

So it really is up to the CBP as to whether he/she will let you pass or not. The CBP had the same info as USCIS in Vermont and the Montreal Embbessy had.

As for updating my profile, nothing new, we are still waiting to hear from Vermont regarding our I-601.

Edited March 8, 2012 by codybanks

[JimVaPhuong 4,863]

I never hid anything in my K-1 visa, it went through Vermont process as well as the Consolate. They made us sit down durinng the interview, and who they contacted or discussed was not revealed to us during the interview. The CO asked me about it and I gave him all the details. He then granted me the K-1 Visa.

Now when I got to the Border, the CBP didn't even give me a chance to explain anything, he opened my file and saw the charges and had me sit for a while before putting me in confinment and after being at the port for almost 4 hrs, I was told that Montreal was wrong in issuing the Visa and also that Montreal was sorry. I got a call from Montreal a few months later asking if I was still going to the US. I told them that I was denied at the border, and the reason why the CBP denied me.

So it really is up to the CBP as to whether he/she will let you pass or not. The CBP had the same info as USCIS in Vermont and the Montreal Embbessy had.

As for updating my profile, nothing new, we are still waiting to hear from Vermont regarding our I-601.

Thanks for the update.

The INA says a waiver can be granted by the Attorney General, but in practice this means anyone who the Attorney General has authorized to grant the waiver. CBP officers are not granted this authority, and neither are consular officers. The CO in your case took it upon themselves, after apparently consulting with the IV section chief, to overlook the inadmissibility and issue your visa. Nobody in the consulate had the authority to do that, so the CO clearly made a mistake. The CBP officer did the right thing. CBP also doesn't have the authority to grant a waiver, and they cannot simply overlook an inadmissibility. There are many areas where a CBP officer has the authority to make a discretionary decision, and in those cases it really is "up to the CBP whether he/she will let you pass or not". When an inadmissibility has clearly been disclosed then CBP no longer has any discretion - they have to refuse admission unless the inadmissibility has been waived by someone who has the authority to waive it.

It sucks that they let it get as far as it did only to turn you down at the port of entry, but this was the CO's fault and not CBP's. The CO should have told you to submit an I-601 waiver request at the interview.

[Krikit 1,163]

Thanks for the update, Cody. I am saddened to hear that you are still waiting. I hope the process starts picking up for you.

I am going to move this thread from K-1 Process over to General Immigration Discussion.

[Gary and Alla 3,694]

I have read the customs officer can refuse to accept visa at poe I was wondering how often has this happened and what reasons could cause this ? ideas anyone

Nothing that any regular person needs to concern themself with. Are you seriously looking for reasons to worry?

But just in case, ANY person not a citizen can be refused entry into the USA. Even after she has a green card she can be refused. There, how about that?

Work on preparing for her arrival, there is very little chance anyone is going to stop her from arriving at your door, so it is best to be prepared for the most likely eventuality. For one thing there is no possible way you have enough cooking utensils. Bed, Bath and Beyond barely had enough!