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sidmando

Question regarding cancelled tourist visa

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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 by Ontarkie
removed attachment containing personal information

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

Edited by missileman

                    "What I am to be, I am now becoming"-  Benjamin Franklin     

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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 by missileman

                    "What I am to be, I am now becoming"-  Benjamin Franklin     

   :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

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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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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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?

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I 212 can be applied for anytime.

 

Unlikely a well prepared waiver would be refused.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.


“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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~~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.~~


Spoiler

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Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
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AOS X5
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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?

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New passport = new person? :rofl:


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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8 minutes ago, geowrian said:

New passport = new person? :rofl:

too bad the biometrics will match


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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