Inadmissibility back in 2008

[rolemodel29 17]

I am now in the early stage of my NVC. Now that my case is gradually getting closer to the end I got something on my mind which seem to be bothering me.

Back in 2008 I visited the US on a B1 B2 visa to visit my husband (then boyfriend). I was granted 3 months to stay and we applied for an extension but later on it was denied. My denial came because I did not give substantial evidence that I would return to my country. At the time I was of the opinion that as long as you had a request for an extension you were expected to remain in the US until you get the response. When the response came it was unfavorable and I was already 2 months and 7 days past my allotted time on my I-94. I departed to my home country. I later on returned in 2009 and 2010 and was granted permission to visit.

Back in 2011 after being married my husband and I was returning to the US and I was pulled aside and question, to later find out that I had an overstay of 2 months and 7 days back in 2008 and in a nutshell I was fingerprinted and given the chance to withdraw my application for admission. My visa was then cancelled and I was given a bunch of paperwork.. Inadmissible 212 (a)(7)(A)(i)(1). There was no ban written or stated to me.

My question to those who may have knowledge is at the time of my interview would this result in me having to do a waiver. I am aware that a waiver only comes when there are bans but I am confused. Please reassure me those of you who can.

I am prepared to answer all questions regarding this encounter. I also got all my documents along with copies to discuss this when I am at my interview.

On my DS-230 I did answer yes to the question which stated " have you ever been denied entry to any port of entry". I also submitted copies of the Letter requesting my extension, receipt of notice, denial notice, inadmissible report from Port of Entry along with a letter stating my explanation for the situation back in 2011. Ok HELP lets discuss my fellow VJ's

[trojam227 18]

You wouldn't have a ban if the overstay was under 180 days. The reasons they probably let you enter in 2009 & 2010 was because you didn't have ties to the US. In 2011 you were married to a USC and therefore a high risk for overstaying again. My understanding anyway, based on what an attorney once explained to me.

I wouldn't think you will have any problems unless you witheld information on any forms. Be upfront about it at your interview...it's forgivable if you have been honest, and it sounds like you have.

No waiver required in your case, unless there was mis-rep involved anywhere. You did the right thing on the DS-230.

[rolemodel29 17]

Trojam i appreciate your answer very much. Sometimes its good to feel reassured. Yes, there was no misrepresentation on my part and yes, I did state it all in my DS-230 up front. This will prove I am not hiding anything and I am fully aware of what happen and is willing to share it. I did not do anything wrong and have no intentions of doing anything wrong.

[trojam227 18]

Trojam i appreciate your answer very much. Sometimes its good to feel reassured. Yes, there was no misrepresentation on my part and yes, I did state it all in my DS-230 up front. This will prove I am not hiding anything and I am fully aware of what happen and is willing to share it. I did not do anything wrong and have no intentions of doing anything wrong.

Honesty is always the best policy, especially with immigration. One thing to keep in mind is that the IO will have access to the statement you gave to the border control officer when you were denied entry, so try to remember exactly what you said to them and keep your answers consistent. Only answer what they ask and keep your answers direct.

You'll do fine. Make sure to share your experience with us!

[trojam227 18]

I also wanted to point out that the §212(a)(7)(A)(i) piece of paper you were given is not an inadmissibility. You were denied entry based on Documentation Grounds of Exclusion..entirely different. By applying for a CR1 you are now asking for entry in the proper visa category for your situation and have provided them with proof of your eligibility.

Good job on taking the right route.

[rolemodel29 17]

Oh Sure I will share ...but tell me U just made me concerned. If that was not inadmissibility but Documentation grounds of Exclusion whats that. never heard of that before. What exactly happened to me there

[trojam227 18]

Oh Sure I will share ...but tell me U just made me concerned. If that was not inadmissibility but Documentation grounds of Exclusion whats that. never heard of that before. What exactly happened to me there

No, don't get worried. It is a far better situation to be in compared to inadmissibility.

People who are traveling with a passport soon to expire can get the same exclusion you did.

Inadmissibility=absolutely not allowed in unless a waiver is granted (unless the inadmissibility is temporary such as with a 3yr/10yr ban etc.).

Exclusion=not allowed in because of insufficient documentation at that given time (in simplest terms). A 212 waiver can be filed for exclusion if someone can prove that they have a valid reason for needing entry. Used a lot by student/employment visa holders. You could have applied for another Visitor's visa showing more documentation of ties to your home country, but they would have probably denied it anyway because of the overstay and husband residing in the US.

You are eligible for an immigrant visa because of your relationship to your husband and have taken a totally different path since you were turned around at POE by applying for the CR1.

[rolemodel29 17]

Ok thank you so much for taking the time to explain all this to me and on behalf of the other VJ members out there who suffered similar faith such as I did good luck to you. I hope my question help a lot of other people. Thank you Trojam

[trojam227 18]

You are so very welcome. Best wishes!

[mschana 0]

I was denied entry at POE in 2009 and stated that during my interview and on nvc paperwork and got approved at both. Traveling next week.

[rolemodel29 17]

I was denied entry at POE in 2009 and stated that during my interview and on nvc paperwork and got approved at both. Traveling next week.

Hey cool can you please for the sake of others and myself...share your story with us. Tell me what cause you to b denied entry at POE and what was discussed at your interview..can you do that for me?