VWP Enrty Denial

[chapelashelle 0]

I was denied entry to the US, in, US immigration Dublin, and sent home. I would not advise anyone to travel through Dublin. I have been reading, that if you have been denied entry, it may take a further 12 weeks after the interview for them to investigate the nature of the refusal. The officer did give me a sheet of paper with a code on it section 212(a) (7) It may help to move things along, i don't know? I had never overstayed my visa or done anything wrong, they just thought i was spending too much time there and not enough in the UK.

If you get a reusal of entry, you loose your right to use the VWP again and it is virtually impossible to get a B1, then too.

Has anyone out there been in the same situation as me, and if so, can they tell me if we have a very long wait ahead. Our application is in the NVC now.

Cheers.

[zyggy 9]

I was denied entry to the US, in, US immigration Dublin, and sent home. I would not advise anyone to travel through Dublin. I have been reading, that if you have been denied entry, it may take a further 12 weeks after the interview for them to investigate the nature of the refusal. The officer did give me a sheet of paper with a code on it section 212(a) (7) It may help to move things along, i don't know? I had never overstayed my visa or done anything wrong, they just thought i was spending too much time there and not enough in the UK.

If you get a reusal of entry, you loose your right to use the VWP again and it is virtually impossible to get a B1, then too.

Has anyone out there been in the same situation as me, and if so, can they tell me if we have a very long wait ahead. Our application is in the NVC now.

Cheers.

INA 212 a 7 is the portion of the INA that states that they believe that you have immigrant intent and therefore could not enter the US without an immigrant visa... there is no inadmissibility associated with it and therefore no waiver required... just your right to enter the US on VWP has been revoked...

The K-1 takes care of that... it should not result in any delay in getting a K-1 since that is the purpose of it... be sure that you declare your denial on the DS-156..

Edited March 29, 2007 by zyggy

[rebeccajo 14]

We were never personally in this situation, but I've know members who have been.

Sometimes it adds time to the processing, sometimes not, and if it does it's nearly impossible to tell how long.

A couple of times I have seem beneficiaries called into the consulate PRIOR to the interview for a set of prints so an investigation can be done.

I would say 12 weeks at the OUTSIDE. Probably less.

[TracyTN 237]

This is why the use of the VWP needs to be done judiciously in the time leading up to sending in a petition. A few months at least between entries is a good idea.

As was said, just make sure to list the denial when asked on forms (I'm sure you would anyway). Delay wise? Who knows?

Off topic: your NOA2 was 2 days after ours - wonder if we'll have interviews around the same time?

[Lisax 0]

oooh, I went through there, the officers there seem really nasty, like they're in a real bloody bad mood all the time, I almost got denied entry through there, seems like many people do for some reason, but this lady immigration officer looked at me like a was a dirty smelly criminal, with her nose up in the air looking down at me. When I went through there I had only been to visit my finace about 4-5 weeks previous to that trip I was going on and I wanted to go see my fiance and fill out all the K1 paperwork together, get all the information, etc, but this wasn't a good enough reason, she was like why do you need to do it together, I was like umm, cos we want to, it's like what the hell is wrong with that? it's so bloody ironic, you can't travel over and see each other too much otherwise immigration think your ganna stay in the US and not go back but when you have to submit evidence about your relationship you have to show that you've been together, want to be together, actually in a relationship, but whatever, anyways, I had to be interviewed by another officer, I had to wait like half an hour to see one, she seemed "ok" and she asked me about 50 questions, why am I going over there? why else??? duh, what job do you do? who paid for your plane ticket? do you have a return ticket?, etc etc etc etc, oh man, I had traveled many times before this trip and I had every intention of going back, I had done many times before, but she finally said next time make sure you have a letter from your employer to show when you'll be coming back, then she finally stamped my passport and let me through and that wasn't the end of it, they f**ked up my luggage and when I arrived in Boston, US, it wasn't there, Airlingus never put my suitcase on the plane from Ireland a word of warning to everyone, DON"T EVER TRAVEL THROUGH IRELAND, thats just my opinion.

Sorry I can't be of much help for situation chapelashelle, but I can kinda sympathize, I hope someone out there can help you with your question. I just wanted to let other people know as well of what hell it is to go through Ireland.

[rebeccajo 14]

My husband went through the Dublin POE just fine. Anecdotally on VJ it's been reported as a very friendly POE, with of course the occasional exception.

[pervez 4]

I was denied entry to the US, in, US immigration Dublin, and sent home. I would not advise anyone to travel through Dublin. I have been reading, that if you have been denied entry, it may take a further 12 weeks after the interview for them to investigate the nature of the refusal. The officer did give me a sheet of paper with a code on it section 212(a) (7) It may help to move things along, i don't know? I had never overstayed my visa or done anything wrong, they just thought i was spending too much time there and not enough in the UK.

If you get a reusal of entry, you loose your right to use the VWP again and it is virtually impossible to get a B1, then too.

Has anyone out there been in the same situation as me, and if so, can they tell me if we have a very long wait ahead. Our application is in the NVC now.

Cheers.

That is horrible. Some Immigration officials can be a b***h. I went to the US 2 in 2005 and 6 times last year. Staying 7-13 days each time, basically all vacations and days off from school I could possibly get (and extending them by a day or two each way).

Only on one occation the immigration officer was in a bi**hy mood and send me aside for further inspection. Otherwise everything went fine. After that though I carried a letter from my employer and school saying that I was their employee/student on subsequent trips, but never came to needing it.

[pervez 4]

My mother was harassed a lot by an immigration officer, on her second trip within last year going with my dad(he's over there frequently for work).

She gat harassed by a a foul female officer at San Francisco, aparently of the mindset that the US is heaven on earth and that all foreigners coming in have a desire to stay there permanently.

Later that year on another trip she also got harassed at immigration and then it held my parents up for an extra hour while they were dealing with getting the officers to get her through. (The immigration officer steadfastly proclaimed that our country was not a member of the Visa Waiver Program, maybe immigration officers should get better manuals)

It is therefor not surprising that my father would wish being able to avoid having to go to the US if his work didn't require it of him every once in a while.

[JODO 2]

I just figured out VWP means Visa Waiver Program , I was wondering what it was. I'm sorry Chapelashelle,but why does that affect his visa status?

Edited March 29, 2007 by JODO

[Andy 2]

It should always be noted that since US immigration rules require that every person seeking to enter the US to visit are assumed to be intent on remaining, it is the responsibility of the individual to be able to demonstrate otherwise is requested. Patterns of previous visits which show longer periods or repeated periods of stay in the US previously, and thus less time in the UK tend to make immigration officials suspicious about exactly where the individuals main ties are to. In the event further visits are planned or intended, it is always wise to have some evidence of value to help show that even if a lot of time has been spent in the US previously, there strong remaining ties to the home country. A letter from personnel at work confirming your vacation dates is a great piece of evidence to have, demonstrating as it does that you have employment which is on-going and what your return date would be. A mortgage payment book showing up to date monthly payments is also helpful.

However, if by action or implication there appears any risk that you will not leave or intend not to, denial is automatic.

It's also not surprising to hear reports of 'bad attitude' at Dublin - those who get denied entry and not usually minded to be full of praise for the choice or treatment, and may well not have been adequately prepared to demonstrate their non-immigrant intent and thus received less than pleasing handling by officials.

[TimsDaisy 0]

We went through the same thing - except my fiance (then-boyfriend) entered in San Francisco. Getting bumped in Dublin would've been better than 2, back-to-back, 10+ hour flights.

From what I've gathered here and through a consultation with an attorney and some others, the denial and lack of VWP privileges should not affect your K1 process because the bases for admittance under each (VWP and K1) are completely different.

For my own mental health, I am not assuming nor predicting that our prior troubles will screw up this process because it's hard enough to exist from day to day on my own.

It's a ####### situation I wouldn't wish on anyone - but I think your K1 should move along fine. You've already made it out of Dept of Homeland Security. State should be alright.

[rebeccajo 14]

We went through the same thing - except my fiance (then-boyfriend) entered in San Francisco. Getting bumped in Dublin would've been better than 2, back-to-back, 10+ hour flights.

From what I've gathered here and through a consultation with an attorney and some others, the denial and lack of VWP privileges should not affect your K1 process because the bases for admittance under each (VWP and K1) are completely different.

For my own mental health, I am not assuming nor predicting that our prior troubles will screw up this process because it's hard enough to exist from day to day on my own.

It's a ####### situation I wouldn't wish on anyone - but I think your K1 should move along fine. You've already made it out of Dept of Homeland Security. State should be alright.

Boldened the part of the post I'd like to talk about.

When you file I129F, you are requesting permission of the State Department (through DHS/USCIS) to interview your loved one for a visa. Only USCIS approves petitions - only DOS approves visas.

The evidence on VJ is that USCIS is not difficult to satisfy. Fill out the forms properly, send in the correct proof the petitioners citizenship, send in proof you are free to marry, and send in adequate proof you've met in the last two years - and boom - you are good to go.

The evidence on VJ is that DOS will determine the proof of the pudding. Up to the point of consular transfer of the file, very little information has been gathered on the beneficiary. Now the beneficiary must provide proof of country of birth, proof they are legally free of marriage from any jurisdictions they were previously married in, and produce a clean police record for any country they have lived in. Here is where the beneficiary will be interivewed face-to-face by a consular official in an attempt to glean the true intent of the beneficiaries desire to live in the US.

I once read here that nearly any warm body can obtain an I129F approval for a visa interview. It takes a bit more effort to obtain the visa.

[chapelashelle 0]

I was denied entry to the US, in, US immigration Dublin, and sent home. I would not advise anyone to travel through Dublin. I have been reading, that if you have been denied entry, it may take a further 12 weeks after the interview for them to investigate the nature of the refusal. The officer did give me a sheet of paper with a code on it section 212(a) (7) It may help to move things along, i don't know? I had never overstayed my visa or done anything wrong, they just thought i was spending too much time there and not enough in the UK.

If you get a reusal of entry, you loose your right to use the VWP again and it is virtually impossible to get a B1, then too.

Has anyone out there been in the same situation as me, and if so, can they tell me if we have a very long wait ahead. Our application is in the NVC now.

Cheers.

INA 212 a 7 is the portion of the INA that states that they believe that you have immigrant intent and therefore could not enter the US without an immigrant visa... there is no inadmissibility associated with it and therefore no waiver required... just your right to enter the US on VWP has been revoked...

The K-1 takes care of that... it should not result in any delay in getting a K-1 since that is the purpose of it... be sure that you declare your denial on the DS-156..

Thanks for that.

[aitian 0]

I've never heard of a big city Dublin in the US. Just out of curiosity, where is it? I Googled it and only found a city in Ohio, definitely not a point of entry and a small community in California, also probably not a point of entry. Is there an airport named Dublin or something? Or did Bush invade Ireland for their black gold (Guinness)?

[TracyTN 237]

Um, Dublin, IRELAND?

There's a US immigration desk there so you can clear US immigration before landing on US soil (where you would still have to go through customs).