Question regarding cancelled tourist visa

[sidmando 15]

Hi all! I am beginning the process of applying for a spousal visa for my wife, who is a Peruvian citizen. We are trying to do the process without a lawyer, so we have some important questions we need help with.

 

Most importantly, my wife was previously in the US on a tourist visa. She came back to Peru and then tried to re-enter the US but was denied re-entry due to suspicion of working illegally. Attached is a photo of the cancelled visa on her passport. There were never any formal legal proceedings, and nothing was ever proven regarding the alleged employment. She was simply sent back to Peru and her visa was cancelled.

 

My question is this. I'm aware that deportation can create significant problems for future visa applications. But I believe technically what happened with my wife is not a deportation. Is this correct?

 

Assuming that what happened to her was NOT a deportation, does anyone know if the cancellation of her tourist visa will cause problems with the spousal visa application?

 

Lastly, some people have advised us to have her apply for a new passport (so the cancelled visa won't appear). Is this good advice? Will it make any difference if we use her current passport with the cancelled visa or apply for a new one?

Thanks so much!

 

Edited February 14, 2020 by Ontarkie
removed attachment containing personal information

[Just Paul 4,591]

10 minutes ago, sidmando said:

Lastly, some people have advised us to have her apply for a new passport (so the cancelled visa won't appear). Is this good advice? Will it make any difference if we use her current passport with the cancelled visa or apply for a new one?

LOL  A new one?  That is a waste of time and money.  The US will know the moment she applies that she had a cancelled visa.

 

Just apply for the spousal visa.

Edited February 14, 2020 by Paul & Mary

[Crazy Cat 39,151]

What is that "EXPRO" annotation?.......if that means expedited removal, she has a 5 year ban.

Edited February 14, 2020 by missileman

[sidmando 15]

missileman, yes that is correct, but it was our understanding that that only applies to her ability to enter the US as a tourist. Are you aware of whether or not it will affect her ability to be granted a spousal visa?

[Crazy Cat 39,151]

3 minutes ago, sidmando said:

missileman, yes that is correct, but it was our understanding that that only applies to her ability to enter the US as a tourist. Are you aware of whether or not it will affect her ability to be granted a spousal visa?

A ban is a ban from entering the US for any reason....until either a waiver is approved or the ban has expired.  You can apply for a spousal visa, but it will not be issued until a waiver is approved or after 5 years (if she was removed).

Edited February 14, 2020 by missileman

[sidmando 15]

missileman, understood. Thanks!

[Boiler 43,381]

She was refused admission as she was considered an intended immigrant without the appropriate visa.

 

If she was not deported but withdrew her application then it should have no future consequences to immigrate.

[Just Paul 4,591]

I guess you can do a FOIA request.   But with the 212(a)(7)(a)(i) citation I would expect it was a 5 year ban.

 

The two choices are A) apply for a waiver once after the interview if needed, ot B) move to Peru.

[sidmando 15]

1 hour ago, Paul & Mary said:

I guess you can do a FOIA request.   But with the 212(a)(7)(a)(i) citation I would expect it was a 5 year ban.

 

The two choices are A) apply for a waiver once after the interview if needed, ot B) move to Peru.

Thanks for the feedback. We are currently living together in Peru. I have my legal residency here, so the situation is not urgent. That being said, I know this is a long process, and we would like to move back to the states when possible.

I believe you are correct that she was given a 5-year ban. Do you know anything about the procedure for applying for a waiver and the likelihood that it will be granted? Also, should we go ahead and begin the visa application process anyway?

[Boiler 43,381]

I 212 can be applied for anytime.

 

Unlikely a well prepared waiver would be refused.

[Unlockable 7,306]

OK. I had to laugh at this one...

4 hours ago, sidmando said:

Lastly, some people have advised us to have her apply for a new passport (so the cancelled visa won't appear). Is this good advice? 

Do they really think that the only way to track a passport is physically??? Take a look at the passport image. It is filled with security and tracking measures including a way to scan it with a laser. A passport is tied to a person even if they lose the old one. The US government has limitless amounts of servers and computers that save passport data (and other personal data but that is a discussion for another thread). I can't believe that people think simply getting another passport will erase their travel history or identity.

[Ontarkie 13,897]

~~Edited OP to removed attachment containing personal information. Do not post anything at all with any type of personal information. VJ can be read by anyone and some with not so good intentions.~~

[SalishSea 16,736]

7 hours ago, sidmando said:

Lastly, some people have advised us to have her apply for a new passport (so the cancelled visa won't appear). Is this good advice?

Do you really think that in 2020 the USA has no way of tracking previously held passports?

[geowrian 22,335]

New passport = new person?

[Just Paul 4,591]

8 minutes ago, geowrian said:

New passport = new person?

too bad the biometrics will match