Husband's B2 Visa Canceled at the Port of Entry... Application of Admission WithDrawn?

[Kaylee_B 0]

Devil can often be in the details but on the basis of what you have written so far his immigrant visa should not be impacted.

I hope so, were both so nervous!

[Starkilla09 366]

It looks like your husband overstayed by 2 months. The good news is this isn't going to impact his immigrant visa since they're 2 different categories and he didn't stay long enough to accumulate a ban. If he had overstayed for more than 6 months he would've had a 3 year ban and if for 1 year a 10 year ban. By then the immigrant visa he's seeking would've been denied as a result requiring him to have a waiver of admissibility to overcome it. Cancellation and refusal of his non-immigrant entry only negates his possibility of getting another non-immigrant visa not an immigrant one. Don't panic he should be fine.

[EM_Vandaveer 2,364]

When he was in the US and you got married, he should have just stayed and you guys could have filed for a Green Card for him (Adjustment of Status) back then without him having to leave. But that's water under the bridge...

[Boiler 43,396]

He did not overstay at all.

[divemaster19 17]

Did he stay the exact 6 months? Now I am concerned because I am scheduled to go visit my wife next week and plan to visit for 5 weeks.

I was last stateside in March and stayed for 8 days only due to work schedule.

Before that I was in the US for 3 weeks in September of 2014.

Before that I visited in 2013, 3 times staying one week at a time.

[Boiler 43,396]

OP's situation was short trips home, yours is the opposite.

[Kaylee_B 0]

It looks like your husband overstayed by 2 months. The good news is this isn't going to impact his immigrant visa since they're 2 different categories and he didn't stay long enough to accumulate a ban. If he had overstayed for more than 6 months he would've had a 3 year ban and if for 1 year a 10 year ban. By then the immigrant visa he's seeking would've been denied as a result requiring him to have a waiver of admissibility to overcome it. Cancellation and refusal of his non-immigrant entry only negates his possibility of getting another non-immigrant visa not an immigrant one. Don't panic he should be fine.

Thank you very much for the helpful advice. Your response calmed my nerves a little bit. He actually didn't overstay his time allowed. I forgot to mention in my first post that he did come and go 2 other times between November 2013 and July 2014, so he was never in the country illegally. We are just terrified that they are going to use that against him in his interview .. i hope not.

[Kaylee_B 0]

Did he stay the exact 6 months? Now I am concerned because I am scheduled to go visit my wife next week and plan to visit for 5 weeks.

I was last stateside in March and stayed for 8 days only due to work schedule.

Before that I was in the US for 3 weeks in September of 2014.

Before that I visited in 2013, 3 times staying one week at a time.

He actually didn't overstay his time allowed. I forgot to mention in my first post that he did come and go 2 other times between November 2013 and July 2014, so he was never in the country illegally. Which airport are you flying through? I hope that you won't have any issues like we did.

We are just terrified that they are going to use that against him in his interview coming up soon.. i hope not.

When he was in the US and you got married, he should have just stayed and you guys could have filed for a Green Card for him (Adjustment of Status) back then without him having to leave. But that's water under the bridge

Yeah, we wish we would of known better.

[Boiler 43,396]

Google is often your friend but it is what it is.

Edited July 3, 2015 by Boiler

[Shauneg 762]

I don't see the issue. They just didn't want him coming because they felt his chances of staying in the U.S. were high....

[Hypnos 6,576]

The fact that he was allowed to withdraw his application for admission was actually a good thing. If he had been flat-out denied entry then it's possible he could have been found inadmissible and would then need a waiver to enter.

Allowing him to withdraw his application for admission avoids this problem.

[madtownguy 164]

I thought it's obvious why they didn't let him in, you guys got married and didn't file for AOS. Sorry it's early not sure why nobody else is seeing this so maybe I'm out of it. You needed to file to adjust, if he told them you were married they wouldn't let him in on a tourist visa. Now the CR1 will be the way. Hopefully you will have a speedy process, good luck!

[jan22 2,897]

Are you sure it wasn't 22CFR 41.122(e)(2). If it was 122 instead of 22, that is just the code that gave the officer the legal authority to cancel the visa. And the (e)(2) part is the reason -- because he was excudable (according to that particular officer). This code is not a bar to future visas at all.

[JohnR! 5,495]

Based on the information provided his entry was refused because the suspected he might be coming in to adjust status, which would be considered illegal. The cancellation itself does not carry a ban nor is it prejudicial to his CR1 visa, again based on what you said. They may bring this up during his interview and he should explain to them what happened at the border, without leaving out any pertinent details. Just ask him to be truthful and objective is his account, if the subject should come up.

In short, it seems the CBP officer suspected he might have had no intention of leaving the US had he been given entry. As he has a CR process under way they want him to wait for his visa back in Mexico and then come in as an immigrant at the end of the process.

Nothing to sweat over other than the temporary separation.

Good luck!

My husband and I have just completed our case at the NVC for his CR-1 Visa. We sent in an expedited request for for appointment because of a medical condition that I have and and they approved it.

Now we are just anxiously awaiting for his appointment form the consulate in Ciudad Juarez. However, I am so terrified that there's a potential they could deny his visa because last year when he tried to come back to the States, he was denied entry at the port of entry at LAX and they canceled his B2 visa.

He went back to Mexico to see his family when we were in the midst of this process because the USCIS told me he had to leave if his visa was close to being expired, so he did so in July of 2014, but when we tried to come back in September 2014, CBP in airport at first questioned his intentions to enter the US, then after my husband explained them what USCIS told us and how they were in the process and he didn't realize that he couldn't leave the country and they then made him go back to Mexico and told him that he could come back once he gets his new visa.

However, they stamped "22CFR41.22(e)2" in his passport and also stamped an "Application of Admission Withdrawn" next to it.

Does anyone know what that means? Or what we should expect in his interview?

[Kaylee_B 0]

Are you sure it wasn't 22CFR 41.122(e)(2). If it was 122 instead of 22, that is just the code that gave the officer the legal authority to cancel the visa. And the (e)(2) part is the reason -- because he was excudable (according to that particular officer). This code is not a bar to future visas at all.

Are you sure it wasn't 22CFR 41.122(e)(2). If it was 122 instead of 22, that is just the code that gave the officer the legal authority to cancel the visa. And the (e)(2) part is the reason -- because he was excudable (according to that particular officer). This code is not a bar to future visas at all.