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AOS Questions about Previous US Entry Denial

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Hello, 

I am new and a happy to join this community with such great help. 

I have some questions about aos. They relate to some problems in my US immigration past and I hope you can help me. 

 

My Story: 

About 7 years my cousin living in US had an serious emergency. I applied and was denied a tourist visa to be with her at this time since I was still only a student and denied under not enough ties to my home country. I traveled to the USA (without visa) and was held at the Airport CBP for further inspection, hoping for some humanitarian relief. I told the CBP exactly my case at arrival and that why I wanted in, I didn't try to avoid them I new and was aware they will hold me at CBP and I needed to speak with them. I was denied entry that day and asked if I wanted immigration judge or voluntary departure (I chose second) and given a full flight back to my country. 

Fast forward and now I am in the USA with a K-1 Visa and my husband. 

This past didn't cause any problems during K-1 process and I just recently arrived last month. I was held a bit again at CBP and then released on my k-1. I have been working on AOS to not come through more problems and have some questions that relate to this past that I don't know how to answer them. Please help. Here are my questions: 

 

From I-485 on page 10:

 

Part 8. Article 14: Have you Ever been denied admission to the United States? Yes, at the CBP right? Or this doesn't count since I had no visa? 

Part 8. Article 15: Have you ever been denied a visa to the United States? Yes, tourist visa. Or is this talking only immigrant/nonimmigrant?

Part 8. Article 18: Are you presently or have you ever been in removal, exclusion, rescission, or deportation proceedings? I was held at CBP, I do not know if that is removal, exclusion, rescission or deportation prceedings

Part 8. Article 19: Have you ever been issued a final order of exclusion, deportation,  or removal? ? I voluntarily departed US and didn't seek immigration judge

Part 8. Article 20: Have you ever had a prior final order of exclusion, deportation, or removal reinstated? I do not understand this question

Part 8. Article 25: Have you ever been arrested, cited, charged, or detained for any reason by any law enforcement official (including but not limited to any U.S. immigration official or any official of the U.S. armed forces or U.S. Coast Guard? "detained" at CBP? or is not what it's called. 

From I-485 on page 13: 

Part 8. Article 70: Have you ever been excluded, deported, or removed from the United States or have you ever departed the United States on your own after having been ordered excluded, deported, or removed from the United States? I don't know how to answer these. 

 

Please, I tried to post my story as truthfully and with all details I remember so you can help me to answer these questions correctly. If you have more questions I will be happy to answer. 

Please help me how to answer these. :)

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5 minutes ago, snickers:) said:

Hello, 

I am new and a happy to join this community with such great help. 

I have some questions about aos. They relate to some problems in my US immigration past and I hope you can help me. 

 

My Story: 

About 7 years my cousin living in US had an serious emergency. I applied and was denied a tourist visa to be with her at this time since I was still only a student and denied under not enough ties to my home country. I traveled to the USA (without visa) and was held at the Airport CBP for further inspection, hoping for some humanitarian relief. I told the CBP exactly my case at arrival and that why I wanted in, I didn't try to avoid them I new and was aware they will hold me at CBP and I needed to speak with them. I was denied entry that day and asked if I wanted immigration judge or voluntary departure (I chose second) and given a full flight back to my country. 

Fast forward and now I am in the USA with a K-1 Visa and my husband. 

This past didn't cause any problems during K-1 process and I just recently arrived last month. I was held a bit again at CBP and then released on my k-1. I have been working on AOS to not come through more problems and have some questions that relate to this past that I don't know how to answer them. Please help. Here are my questions: 

 

From I-485 on page 10:

 

Part 8. Article 14: Have you Ever been denied admission to the United States? Yes, at the CBP right? Or this doesn't count since I had no visa? 

Part 8. Article 15: Have you ever been denied a visa to the United States? Yes, tourist visa. Or is this talking only immigrant/nonimmigrant?

Part 8. Article 18: Are you presently or have you ever been in removal, exclusion, rescission, or deportation proceedings? I was held at CBP, I do not know if that is removal, exclusion, rescission or deportation prceedings

Part 8. Article 19: Have you ever been issued a final order of exclusion, deportation,  or removal? ? I voluntarily departed US and didn't seek immigration judge

Part 8. Article 20: Have you ever had a prior final order of exclusion, deportation, or removal reinstated? I do not understand this question

Part 8. Article 25: Have you ever been arrested, cited, charged, or detained for any reason by any law enforcement official (including but not limited to any U.S. immigration official or any official of the U.S. armed forces or U.S. Coast Guard? "detained" at CBP? or is not what it's called. 

From I-485 on page 13: 

Part 8. Article 70: Have you ever been excluded, deported, or removed from the United States or have you ever departed the United States on your own after having been ordered excluded, deported, or removed from the United States? I don't know how to answer these. 

 

Please, I tried to post my story as truthfully and with all details I remember so you can help me to answer these questions correctly. If you have more questions I will be happy to answer. 

Please help me how to answer these. :)

Read the instructions right above that in Part 8.

It says if you pick yes or no and you are not sure of your answer, explain it in the additional info section.

It really does not matter what you pick because even if you are not sure you have to explain the situation anyways. So because you are unsure, your best bet is to pick yes or no and just tell them what happened like you told us and let them decide.

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**Duplicate post removed as per OP's request**


03639.png                  

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8 minutes ago, K1visaHopeful said:

Read the instructions right above that in Part 8.

It says if you pick yes or no and you are not sure of your answer, explain it in the additional info section.

It really does not matter what you pick because even if you are not sure you have to explain the situation anyways. So because you are unsure, your best bet is to pick yes or no and just tell them what happened like you told us and let them decide.

Thank you! Are any of these a sure no though? For example: 

Like I feel 20 doesn't pertain to me, right? 

and how about 15? Is it talking about tourist visas? 

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19 minutes ago, K1visaHopeful said:

Read the instructions right above that in Part 8.

It says if you pick yes or no and you are not sure of your answer, explain it in the additional info section.

It really does not matter what you pick because even if you are not sure you have to explain the situation anyways. So because you are unsure, your best bet is to pick yes or no and just tell them what happened like you told us and let them decide.

Or question 70... I never was accepted to USA so I don't think I was counted as deported since I was denied entry? 

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1 minute ago, snickers:) said:

Thank you! Are any of these a sure no though? For example: 

Like I feel 20 doesn't pertain to me, right? 

and how about 15? Is it talking about tourist visas? 

I think 18 through 25 are no and the rest are yes BUT I would not take the advice of anyone. 

And it really doesnt matter because you have to explain it because you are unsure. 

You cant answer anything wrong because it's what you think. And even if you do answer it "wrong" your explanation will be read by them and they will decide for them self.

I cant post the instructions here but I strongly suggest you read where I said and understand that you cant answer it wrong because you arent sure and you've explained.

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8 minutes ago, K1visaHopeful said:

I think 18 through 25 are no and the rest are yes BUT I would not take the advice of anyone. 

And it really doesnt matter because you have to explain it because you are unsure. 

You cant answer anything wrong because it's what you think. And even if you do answer it "wrong" your explanation will be read by them and they will decide for them self.

I cant post the instructions here but I strongly suggest you read where I said and understand that you cant answer it wrong because you arent sure and you've explained.

I understand. Thank you. you are very helpful to understand this. and I believe i should put "no" for 70 as well since I was never admitted? And therefore never "removed" from United States since I was only at CBP and didnt make it further? 

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It says in my documents that  I "withdrew" my application. I feel "no" is a better answer for 70 since I withdrew and was not deported I think. Is this good? 

And I will put explanation on why I was denied US entry (question 14) and they can understand I think. Or do i need explanation to all the questions? 

Edited by snickers:)

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@snickers:) if you are sure of your answer, like if you put no and you are sure of it then you don’t need to explain it. I think it’s when you are unsure of what to answer is when you need to explain. I also think that both article 14 and 15 is a yes based on your story.

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19 minutes ago, Pengunista said:

@snickers:) if you are sure of your answer, like if you put no and you are sure of it then you don’t need to explain it. I think it’s when you are unsure of what to answer is when you need to explain. I also think that both article 14 and 15 is a yes based on your story.

thank you. and do you think no for the others? 

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I suggest that you have your USC spouse help you answer the questions, since they are pretty clear and you seem to be struggling with understanding the English.  You were denied a tourist visa, and also denied entry when you tried to enter without a visa and you left voluntarily, you were not deported or removed.  They will be able to find all of this out when they look you up for the background check anyway, so just be completely honest.  They want to see if you will say no to a question that clearly should be answered yes.  Then they will catch you in a lie and that could cause problems.

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Yes to 15 and 20. No to all the others (based on those answers).


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

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2 (4/25/12) Petitions delivered to Chicago Lockbox
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13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

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