"Application for Admission Withdrawn" and its effect on Spouse Visa Process

[Mavin 8]

Hi,

I am Canadian, back in April 2015 I got denied entry to U.S. as I told them the truth that I was going to visit my husband. At the time, my husband and I actually didn't know it was illegal to start my immigration paper work while i'm in U.S. (how stupid were we) but I read online that one could apply from either inside U.S. or Canada and also at the time I was pregnant with our child. My passport was stamped "Application for admission withdrawn". My husband and I immediately started the immigration process from Canada (obviously) and our I-130 was approved on October 7, 2015. *yayyyyy*

Our baby was born in September, 2015 and we would really like for her to meet some of my husband's family members in California (where my husband is from)- eventually she will get to meet them when my immigration paper work is completed but who knows how long it will take. What are the chances of me being denied again? And If i am denied, will it affect my immigration application? if yes, to what extent? like how bad? I'm looking to visit with our baby for 2 weeks then return back as I obviously need to do a police clearance here, medicals here in Canada, interview here in Canada so i definitely cannot stay in U.S. so please once again: What are the chances of me being denied again? And If i am denied, will it affect my immigration application? if yes, to what extent? like how bad?

Please advise. Thanks

Edited October 12, 2015 by Mavin

[Ryan H 3,796]

Baby will need a Consular Report of Birth Abroad (CRBA), this can be obtained anytime.

You've likely been flagged by CBP which means the chances of you being allowed admission at this juncture if you try to visit are next to nil. Being refused admission by CBP in of itself will not have an adverse effect on the immigration process.

[Mavin 8]

*bummer*

Thanks for your reply though

Our baby already obtained a Consular Report of Birth Abroad (CRBA) end of September so she has both a CRBA and a U.S. Passport.

[Florida Bear 7]

I'm pretty sure you can still visit if you meet the requirements you were given at the time you were denied. My husband was turned around at the border and given a list of things he will need to prove in order to come into the states for a visit. Return ticket, utilities etc. Also a friend of mine with US border control confirmed that as long as you have proof you're returning to Canada then you should have no problem.

You may want to contact the folks at the border and find out for sure before ruling it out.

[newacct 688]

It will not affect your immigration unless you are "removed", in which case you get a 5-year ban. If they let you withdraw admission, then you are not removed. If you are going through US entry checks in the US, it is their choice whether to offer you the option of withdrawing admission. Although I think that if you go in good faith, or you enter by land (and it's so easy to turn around), they should let you withdraw your admission. If you fly to the US by going through pre-clearance from Canada, I don't think it's possible to "remove" you when going through US entry checks in Canada, so that would probably be the safest option.