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Would a Preclearance Airport Reduce Risk? [split topic]

By JD2 in Tourist Visas

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JD2 Explorer

JD2   55

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My wife's CR-1 is pending at NVC.  If she wants to visit me on her B1/B2 for a week, would departing from a preclearance airport reduce risk at all?  My lawyer said to avoid coming to the US unless absolutely necessary because CBP may suspect she wants to adjust status.  And, instead of allowing someone to withdraw and fly back, CBP could do expedited removal which would mean a ban and a waiver.  We have no intentions of adjusting status not only because of the law but also we travel frequently for various reasons and can't wait for advanced parole.  My real question is, if she's completely honest and leaves from a preclearance airport, is there any risk of a ban?  She's from India which I know is a high fraud country.

Edited by TBoneTX
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TBoneTX Grand Master

TBoneTX   43,413

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Filed: Citizen (apr) Country: Ecuador
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The above was split from a moribund thread in this forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Timona Experienced

Timona   3,969

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Filed: Citizen (apr) Country: Kenya
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1 hour ago, JD2 said:

My wife's CR-1 is pending at NVC.  If she wants to visit me on her B1/B2 for a week, would departing from a preclearance airport reduce risk at all?  My lawyer said to avoid coming to the US unless absolutely necessary because CBP may suspect she wants to adjust status.  And, instead of allowing someone to withdraw and fly back, CBP could do expedited removal which would mean a ban and a waiver.  We have no intentions of adjusting status not only because of the law but also we travel frequently for various reasons and can't wait for advanced parole.  My real question is, if she's completely honest and leaves from a preclearance airport, is there any risk of a ban?  She's from India which I know is a high fraud country.

 

No.

If she's cleared, she's been granted entry

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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JD2 Explorer

JD2   55

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1 minute ago, Timona said:

 

No.

If she's cleared, she's been granted entry

I'm asking if she's completely honest and at a preclearance airport CBP doesn't believe her and thinks she will adjust status, is there any risk of expedited removal or a ban or will they just not let her board?  Thanks

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Timona Experienced

Timona   3,969

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20 minutes ago, JD2 said:

I'm asking if she's completely honest and at a preclearance airport CBP doesn't believe her and thinks she will adjust status, is there any risk of expedited removal or a ban or will they just not let her board?  Thanks

 

She's not on US soil. So I don't think expedited removal applies here. 

 

She'll just get denied admission and boarding. It will be noted on the system, I believe. If that happens, I belive her B-2 is gone

Edited by Timona

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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JD2 Explorer

JD2   55

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Just now, Timona said:

 

She's not on US soil. So I don't think expedited removal applies here. 

 

She'll just get denied admission and boarding. It will be noted on the system, I believe. If that happens, I belive her B-2 is gone

As long as her CR-1 process isn't hurt at all, we're fine with that.  Thanks

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