Will I be Denied Entry at US POE?

[Waleed Yazdani 0]

Hi guys, 

 

My situation: In 1998, when I was 6 years old my parents overstayed in the US by 1.5 years. My father had been sponsored for H1 but the case went into pending then it became difficult for my father to sustain the family so he came back with us without any decision on the H1 status. I'm now doing my MBA from a prestigious institution and every year we are invited to spend 2 weeks at the Silicon Valley. Recently though, I applied for a B1/B2 visa (with a group of other people from my class) and it got rejected as the Visa Officer thought I had been deported (everyone else who applied got the visa). I was given a 214(b) slip. I applied again after 2 weeks and this time my interview was a good 15 minutes long. The VO approved my visa but advised me that immigration would cause me a lot of problems. He said that i should take as many documents along with me as i could to strengthen my case when the immigration people take me for secondary questioning. My concerns:

 

1) In my Visa application I only mentioned a 10 day stay at the Silicon Valley because that was the initial plan. I did not mention any other city as part of my travel itinerary because I had no plans then. But once I got the visa, friends and family in the US became stubborn that I should meet them before returning to my country. So i've now planned to spend 2 days in LAX and 2 days in ORD to meet them. Will the immigration create an issue over this addition to my original plans? My main purpose for the trip is the 10 day module. If that had not been happening I would never have applied for a Visa to begin with. 

2) Is the overstay that I had as a child something on which the immigration people can deny me entry into the US? My understanding is that as a minor, the period overstayed is not accrued as unlawful. 

 

I must add that I am working in wonderful company and I am also in the middle of the best MBA program in the country and that I am married as well. There is absolutely no reason for me to overstay in the US. I must come back as soon as my leave ends from my company. 

 

Question:

How much of a chance do I have to be denied entry and sent back to my country? It's a scary thought but I wanted to see what others say about this!

 

Thanks

 

[EandH0904 1,184]

I guess you will just have to wait and find out. I would have stuck to the 10 day Silicon Valley trip you were approved for on the application, adding extra stuff afterwards sounds like an undue risk but I guess you will see soon. 

 

Good  luck! 

[canadian_wife 1,791]

You are concerned about the CBP at the Port of Entry yet you want to change your stay (as opposed to what you told the consular officier) AT the POE.

 

What does your visa say?  Is it single entry?  Multi entry?  Is your stay limited?

 

Good luck 

[Dashinka 23,252]

I agree, changing your plans now may look like red flags at the POE.  I would stick to the original plan and if your family wants to visit with you have them come to the area you are staying.  At least the relative in the LA area will be fairly close by.

 

Good Luck!

[BritGirl88 43]

I'm having trouble understanding why visiting other cities would present an issue for him. His explanation as to why he added other cities to his itinerary makes perfect sense and he has a lot of strong ties back in his home country. 

 

I think you will be fine. If you planned to overstay your visa, you could do that from your original point of entry. I don't see how being in another city would make you more likely to do that, you'd still in the US. As long as you have plans to leave and can prove that, you should be fine.

Edited June 21, 2017 by BritGirl88

[Pinkrlion 2,607]

Because of ur overstay, CBP will interview u at POE so make sure u have all ur documents in order. It is an issue that he made changes. U should have waited and returned as u stated and then make another trip. 

[BritGirl88 43]

I think it is an assumption that the changes will present an issue. 

 

He is not going from a 10 day stay to a 3 month stay. I can't see how an additional 4 days (assuming it's in addition to the original 10 day stay) is going to get him denied. His explanation makes perfect sense, he has strong ties back in his country and his overstay was as a child and did not accrue unlawful presence and so it cannot be held against him.

 

When they issued the visa, did they tell you were not allowed to visit a city or state outside of your POE or spend any additional time in the US outside of what you originally planned? Is there anywhere citied on any documentation that says the same?

 

 

[Hypnos 6,576]

Since minors do not accrue unlawful presence I doubt any of this will be an issue.

[geowrian 22,335]

7 hours ago, BritGirl88 said:

He is not going from a 10 day stay to a 3 month stay. I can't see how an additional 4 days (assuming it's in addition to the original 10 day stay) is going to get him denied. His explanation makes perfect sense, he has strong ties back in his country and his overstay was as a child and did not accrue unlawful presence and so it cannot be held against him.

there is no guaranteed that the change of plans will get him denied. I think it probably won't be an issue. But it might be an issue. While OP doesn't sound like they are intending to do anything unlawful, CBP doesn't know him and has to work on the data available to them. He told the CO about a specific trip as the purpose of getting the visa, and shortly afterward changed plans, which may raise some eyebrows. Anyway, it probably won't be an issue, but it is an extra risk.

 

The overstay didn't accrue unlawful presence and therefore doesn't occur any kind of ban. However, that doesn't mean it cannot be a consideration prior to entry. How long ago it was, how old he was at the time, etc. can be considered if they believe he is likely to overstay again or not. I doubt it would be an issue if it was years ago (as it sounds like it was), but they may look more closely at his case to ensure everything is in order.

[ConOfficer 167]

I've given a lot of visas to people to have been turned around at the border. Always because they acknowledge to CBP that their intent was to work in the U.S. I've never seen one my applicants get turned around because they changed slightly their purpose of travel. It's a ten year visa, the expectation is that you'll use it for different reasons and different purposes. 

 

Sounds like the first officer you spoke to didn;t really want to assess your situation and take a risk in giving you a visa. so they just refused you 214b. When in doubt keep em out. 

Edited June 22, 2017 by ConOfficer

[Jawaree 717]

You are going to the conference right? stick with that at CBP CHANGE NOTHING if you go spend a

day or 2 in another state with family or friends it should not be a problem as long as you depart as

you should. Do not confuse & create red flags with CBP upon arrival

Edited June 22, 2017 by Jawaree