Jump to content

refused entry on visa waiver, entry waiver needed?

5 posts in this topic

Recommended Posts


I will attempt to keep this as short as possible.

Via an unfortunate misunderstanding, my wife (who was not my wife at the time) was refused in entry in Feb 2010. She attempted to enter on a the visa waiver to visit some friends. While at passport control, she asked if she was allowed to change her visa while in the states. Her reasoning for that was because she had some friends who wanted to start a non-profit organization and she thought it might be nice to help with the organization. it was not her intention to do so as she was going to the states, but she thought it would be good to ask. After several hours of questioning, the border patrol determined that her motive for entering the states was to work. Unfortunately they did miss the mark on this one (I realize they are just doing their job and sometimes they get it right and sometimes they get it wrong...just the way life can be sometimes).

As a result, I am now living in Germany to be with her as we got married in May 2011 in Germany.

In an attempt to get her approved for a visa to live in the States, I am curious to know if she is in need of a waiver to be able to enter. She was not deported or officially removed. She was simply denied entry. She lost her visa waiver privilege and was told that the only thing she needs to do in order to enter the states is simply go to the consulate and get a visitors visa or whatever visa she decides she needs in the future. She has tried to acquire a visitor visa from the consulate in London and in Berlin and both times she was denied (before we were married). Both times she had all of the supporting documents demonstrating that she had everything in place that the government required.

Is this enough information to determine if we should be filing a waiver? It seems to be that we should not need to as she was not deported or officially removed from the states and based on the what the border patrol originally told her, she is not "inadmissable".

So if anybody has any thoughts on this, I would really appreciate it.

Thank you in advance for everything!!

Share this post

Link to post
Share on other sites

No issue, is she was allowed to withdraw her application for entry.

Why was she denied subsequent Visitor Visas?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post

Link to post
Share on other sites

They will let her know at consular interview if one is needed likely not

but one never knows, unless you ask a waiver atty

Thank you all for your help

Jawaree, so I will continue with the process as planned and if they request at the interview then I will start filling a waiver out.

Thank you all again!

Share this post

Link to post
Share on other sites
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.