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Banned from using the visa waiver to the USA

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  • Banned from using the visa waiver to the USA

    My cousin overstayed in the USA and moved to stay in Canada, her husband came to land in Canada by car. She acconpanied him thinking that she would not have to cross over to the US. Unfortuanltey, they had to do a U turn on the american side of the border.The immigration made her fill in an I94 even though she explained that she had no intention of entering the US, after 4 hours of interoogation by the US officials they refused her entry.The immigration officer then stated she could no longer enter the US on the waiver program but had to always get a visa...Is this the same as the 10 year ban..they did stamp her passport....Please advise

  • #2
    My cousin overstayed in the USA and moved to stay in Canada, her husband came to land in Canada by car. She acconpanied him thinking that she would not have to cross over to the US. Unfortuanltey, they had to do a U turn on the american side of the border.The immigration made her fill in an I94 even though she explained that she had no intention of entering the US, after 4 hours of interoogation by the US officials they refused her entry.The immigration officer then stated she could no longer enter the US on the waiver program but had to always get a visa...Is this the same as the 10 year ban..they did stamp her passport....Please advise

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    • #3
      Could u explain little more, than we will be in a postion of find out our opinion
      God is geat

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      • #4
        can you please tell me what other info u need. the immigration officer wrote in her passport 8 CRF 217.4(A) (1)_

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        • #5
          ella,
          If he wrote 8CFR217.4 (a) 1, the information relating to the Code of Federal Regulations is below:

          Sec. 217.4 Inadmissibility and deportability. (Section heading revised effective 4/1/97; 62 FR 10312)



          (a) Determinations of excludability and inadmissibility. (Redesignated as (a) effective 4/1/97, previously (b); 62 FR 10312)


          (1) An alien who applies for admission under the provisions of section 217 of the Act, who is determined by an immigration officer not to be eligible for admission under that section or to be inadmissible to the United States under one or more of the grounds of inadmissibility listed in section 212 of the Act (other than for lack of a visa), or who is in possession of and presents fraudulent or counterfeit travel documents, will be refused admission into the United States and removed. Such refusal and removal shall be made at the level of the port director or officer-in-charge, or an officer acting in that capacity, and shall be effected without referral of the alien to an immigration judge for further inquiry, examination, or hearing, except that an alien who presents himself or herself as an applicant for admission under section 217 of the Act, who applies for asylum in the United States must be issued a Form I-863, Notice of Referral to Immigration Judge, for a proceeding in accordance with § 208.2(b)(1) and (2) of this chapter. (Paragraph (a)(1) revised effective 4/1/97; 62 FR 10312)

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          • #6
            Swissnut
            In a nutshell what does that mean...I mean please explain in lame man terms,,does that mean she can never apply for a visa to the US

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            • #7
              ella,

              Simply put, under the Visa Waiver Programme, there are certain requirements for traveling across the border. Below are the specifics:

              To enter the U.S. under the VWP, travelers must:

              Be a citizen of a Visa Waiver Program country;
              have a valid passport issued by the participating country that is valid for six months beyond your intended visit;
              have a machine-readable passport (MRP);
              be seeking entry for 90 days or less, as a temporary visitor for business or pleasure.


              if entering by air or sea, have a round-trip transportation ticket issued on a carrier that has signed an agreement with the U.S. government to participate in the VWP, and arrive in the United States aboard such a carrier;
              hold a completed and signed Nonimmigrant Visa Waiver Arrival-Departure Record, Form I-94W, on which you have waived the right of review or appeal of an immigration officer's determination about admissibility, or deportation. These forms are available from participating carriers, travel agents, and at land-border ports-of-entry;
              have no visa ineligibilities.

              This means if you have been refused a visa before, have a criminal record or are ineligible for a visa you cannot travel on the Visa Waiver Program. You must apply for a visa to the U.S.

              Entry at a land-border crossing point from Canada or Mexico is permitted under the Visa Waiver Program.

              When Does a Citizen of a VWP Country Need to Apply for a Visa?

              You must apply for a visa under the following circumstances, if you:

              1. Want to work or study in the United States;
              2. have been refused a visa or admission to the U.S. before;
              3. have a criminal record; or
              4. are ineligible for a visa.

              CAVEAT: I am not an expert, nor have I participated in the Waiver Programme, so it's wise to check with others who have, or a qualified immigration attorney if you think you need to. From your description and reading about the Visa Waiver Programme details, it appears to me that the border official noted that she attempted to gain entry without proper documentation, as listed above, and therefore has been reported with one refusal. From my interpretation, it would suggest that subsequent visits will have to be done by securing a visa, now. The Visa Waiver Programme is somewhat comparable to a "special permit, without all the hassles", if you will. I do not see that she is inadmissible, though one can never know the outcome of her future visa applications with USCIS, but I think they have simply removed the benefit of the Waiver.

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              • #8
                thanks very much

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                • #9
                  your post is very confusing and vague. which explains the lack of advice. please repost with a specific detailed explanation of what exactly occured.

                  -= nav =-

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