What happens to your marriage AOS if you are denied of entry with AP at POE

[wowcheesestick 2]

See title. Will the AOS be automatically rejected? If not, what happens then? We obviously can’t go to the interview if my spouse is not in the USA due to denial of re-entry. 

[Lemonslice 4,550]

10 minutes ago, wowcheesestick said:

See title. Will the AOS be automatically rejected? If not, what happens then? We obviously can’t go to the interview if my spouse is not in the USA due to denial of re-entry. 

Is this a real or hypothetical question? Why would they be refused entry?

[Roel 7,191]

49 minutes ago, wowcheesestick said:

See title. Will the AOS be automatically rejected? If not, what happens then? We obviously can’t go to the interview if my spouse is not in the USA due to denial of re-entry. 

Yes. AoS will be denied. 

Thought its unusual to be denied entry on AP. Someone would really need to screw up to be denied. 

[Going through 5,668]

The odds of entry being denied with a valid AP are quite slim, unless more to the story.

[Boiler 43,422]

You need to be in country to AOS.

[lummo 61]

7 hours ago, wowcheesestick said:

See title. Will the AOS be automatically rejected? If not, what happens then? We obviously can’t go to the interview if my spouse is not in the USA due to denial of re-entry. 

Is this a hypothetical? Which country is your spouse from (for context)? Canada?

[debbiedoo 2,339]

its really rare to be denied re-entry with AP.

 

really rare.

 

 

unless you DID something to cause it.

[FluffyBalls 52]

A CBP officer on another forum said in his decades of experience, he has yet to see someone on AP be denied. 

 

I mean, on what grounds can they possibly deny you? Even if they suspect your AOS is fraud, it's up to USCIS decide, not CBP. Unless you do something totally outrageous like try to smuggle in drugs.

 

You have a better chance of incurring trouble by losing your AP card abroad or getting an airline employee that won't let you board because they're not familiar with AP.

[wowcheesestick 2]

16 hours ago, Roel said:

Yes. AoS will be denied. 

Thought its unusual to be denied entry on AP. Someone would really need to screw up to be denied. 

It’s a hypothetical question. If this is the case then wouldn’t CBP be the one deciding AOS in this case. Isn’t this wrong? 

[wowcheesestick 2]

8 hours ago, debbiedoo said:

its really rare to be denied re-entry with AP.

 

really rare.

 

 

unless you DID something to cause it.

 It’s a hypothetical question. If AP denied. Then is AOS automatically rejected. If so isn’t the CBP over reaching?  Given the current climate. Wouldn’t it be easy for the current administration to use this as a loop hole to reject immigrants who have traveled abroad while in AOS 

Edited December 26, 2018 by wowcheesestick

[geowrian 22,335]

19 minutes ago, wowcheesestick said:

It’s a hypothetical question. If this is the case then wouldn’t CBP be the one deciding AOS in this case. Isn’t this wrong? 

They won't be deciding it, but they certainly would be impacting the final decision.

 

19 minutes ago, wowcheesestick said:

 It’s a hypothetical question. If AP denied. Then is AOS automatically rejected. If so isn’t the CBP over reaching?  Given the current climate. Wouldn’t it be easy for the current administration to use this as a loop hole to reject immigrants who have traveled abroad while in AOS 

By what basis does AP guarantee entry into the US? Only USCs are guaranteed entry.

CBP has no say on the I-485, nor to determine the validity of a marriage.

They won't deny entry unless there is a cause (i.e. criminal activity at the border or while abroad).

[wowcheesestick 2]

2 hours ago, geowrian said:

They won't be deciding it, but they certainly would be impacting the final decision.

 

By what basis does AP guarantee entry into the US? Only USCs are guaranteed entry.

CBP has no say on the I-485, nor to determine the validity of a marriage.

They won't deny entry unless there is a cause (i.e. criminal activity at the border or while abroad).

the entry with an AP is solely on the discretion of the officer. say the officer denies entry for whatever reason Does this mean all the effort for AOS is wasted? 

 

i understand  its rare but it’s still wrong that CBP has the power to ruin someone’s chance purely on based on their “discretion” 

 

 

Edited December 26, 2018 by wowcheesestick

[geowrian 22,335]

7 minutes ago, wowcheesestick said:

the entry with an AP is solely on the discretion of the officer. say the officer denies entry for whatever reason Does this mean all the effort for AOS is wasted? 

 

i understand  its rare but it’s still wrong that CBP has the power to ruin someone’s chance purely on based on their “discretion”

Beyond rare...I'm not aware of any instance of it actually occurring (unless the individual became inadmissible).

But realize by that logic you're also in jeopardy even once you,have a green card. Keep in mind your AOS application could be denied based on discretion as well.

At some point you just need to to stop worrying and let the process play out.

[Going through 5,668]

6 hours ago, wowcheesestick said:

the entry with an AP is solely on the discretion of the officer. say the officer denies entry for whatever reason Does this mean all the effort for AOS is wasted? 

 

i understand  its rare but it’s still wrong that CBP has the power to ruin someone’s chance purely on based on their “discretion” 

 

 

Likely the only way CBP is going to deny someone re-entry with a valid AP is if that person committed a criminal offense that made them inadmissable and the officer became aware of it.  

 

If you think about it, the IO has the same power based on discretion at the end of all evidence submitted.

 

It's normal for this process to be nerve-wracking every step of the way...just don't let worrying about every little step completely consume you.   She has a valid AP, she should be fine. (I only say "should" because as you know there's no guarantee of re-entry into the US unless one is a USC)

[Unlockable 7,306]

9 hours ago, wowcheesestick said:

the entry with an AP is solely on the discretion of the officer. say the officer denies entry for whatever reason Does this mean all the effort for AOS is wasted? 

 

i understand  its rare but it’s still wrong that CBP has the power to ruin someone’s chance purely on based on their “discretion” 

 

 

You are basing this solely from the, very unlikely, situation that the CBP officer is denying entry for no valid reason.

 

For example, what if a person was caught trying to enter the US with drugs, or weapons, or went to a terrorist recruitment camp? The denial would be justified. The reason it is so extremely rare that a person is denied entry with AP is because CBP's don't just randomly deny people and "ruin someone's chance". If a person is denied, it is usually because they did something extremely suspicious that led to it.

 

So as long as someone doesn't do something stupid, like the examples I gave above, there is no reason to be denied entry.