Will I be denied entry even for transit?

[fincadewes 0]

Hi, I am an italian citizen, married to a US citizen.We recently married in the us and filed an I-130 and I-129-F.I am now visiting family in south america before flying back to Italy to await the immigration papers.However I am worried that because of marrying in the US and filing the I-130 etc. while on a VWP,I will be denied entry to US on my way back to Italy.(My flight is going to Rome from Miami,and I will have a 6 hour layover in Miami) Will immigration deny me entry at Miami,sending me back to Venezuela? I have been told that I would probably be denied entry to the US if I try to come to the US, but will they still let me go back to Italy if I have to board my flight in Miami?

[canadian_wife 1,823]

Unlikely, since you clearly intend to return to your home country

good luck

[belinda63 3,039]

I would say highly unlikely. You could have filed to adjust status while you were here and you did not. You are on a layover for a flight elsewhere so you have a ticket proving you are leaving. Very, very unikely they will deny you transit.

[David & Diana R 1,005]

Hopefully you will not leave the secure area of the internationl terminal...that may help them to allow you to proceed on the Italy???

Edited August 19, 2013 by David & Zoila

[fincadewes 0]

Hopefully you will not leave the secure area of the internationl terminal...that may help them to allow you to proceed on the Italy???

My flight boards in a different area of the airport, so yes,I will have to leave the secure area and go through immigration and customs.

My ticket to Rome is sufficient proof that I do not intend to stay in the US? I hope so.I am wondering if they will want to escort me to my flight!

[David & Diana R 1,005]

My flight boards in a different area of the airport, so yes,I will have to leave the secure area and go through immigration and customs.

My ticket to Rome is sufficient proof that I do not intend to stay in the US? I hope so.I am wondering if they will want to escort me to my flight!

If I were you I would certainly try to call someone and ask for instruction on this matter. Perhaps Homeland Security?? I mean your intent seems straightforward to me. Now if you can convince the government of that I am not sure. You never know with them.

Good luck and God Speed

Aloha Ke Akua

[christeen 966]

It is Miami airport, so you Shou,d expect them to at least question you (Miami tends to be difficult as far as immigration)... However, as long as you have proof of a continuing flight or outbound ticket to Rome and a current ESTA (entering on a VWP) you will be just fine... Just explain to them what you are doing and why, show them your outbound ticket and you should be good to go without any need for escorts or drama...

[Boiler 45,670]

Who told you you would be denied entry?

I also doubt you will have an issue.

[Noel194 53]

He has to apply for approval to use ESTA. If he recieves approval through the system he should be fine. If he does need a transit visa the requirements are the same as a tourist visa. There is no "Transit Without Visa" in the USA anymore.

[christeen 966]

From a VWP country, no separate visa required, just a valid ESTA

[newacct 688]

Hopefully you will not leave the secure area of the internationl terminal...that may help them to allow you to proceed on the Italy???

There is no difference. Secure area or not is only about having to go through the security check. All people arriving in the U.S. must go through immigration and customs no matter what.