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  • denied entry at port despite valid visa

    hi ..i know someone who was denied entry despite havin a valid tourist visa . only fault the INS officer could highlight was this guys frequent visits to the US on a multi entry tourist visa . however he had never overstayed on any of his visits .he had stayed a total of nine months in a year on three different visits but never overstayed on what was stamped on his I-94. Does this refusal mean he is ineligible for a GC forever and can he appeal against this as he has commited no offence . please help.

  • #2
    hi ..i know someone who was denied entry despite havin a valid tourist visa . only fault the INS officer could highlight was this guys frequent visits to the US on a multi entry tourist visa . however he had never overstayed on any of his visits .he had stayed a total of nine months in a year on three different visits but never overstayed on what was stamped on his I-94. Does this refusal mean he is ineligible for a GC forever and can he appeal against this as he has commited no offence . please help.

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    • #3
      someone please advise ...its urgent ..his visa was cancelled at port and he will have to travel back ..is this normal ..? did it happen with anyone else ?

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      • #4
        aman,
        I think he/she has to go to the consulate in his/her home country and appeal.

        I hope someone on this board will give you a better suggestion.

        Good luck.

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        • #5
          Each time he entered, was it at the same POE? This decision may have been precipitated by the officer's opinion that there is an intent to immigrate.

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          • #6
            This happened to my husband for repeated visits and because he was my fiance they further believed that he intended to immigrate and he was not able to enter the country without having me file a fiance visa. They also probably believe that this person is working in the country illegally due to the many visits. If he has a company or a family member here to petition for him, that would probably be best.

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            • #7
              thanks for your replies ..SWISSNUT and INDYGRL..yes swissnut he entered at the same port all the time .yes indygrl his son is becoming a US citizen very soon maybe six months and then he can petition him for a GC ..but will he have to get a waiver as he was deported under section 212(a)(7)(i) ????
              i consulted a lwyer and was told this means immigrant intent . Can his son petition him for a GC despite this deportation ? will he have to get a waiver and how do you get a waiver ? what is the procedure ? please help...

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              • #8
                HAPPY NEW YEAR 2005 TO EVERYONE ON THIS FORUM ..MAY ALL UR WISHES COME TRUE..

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                • #9
                  aman,

                  There is a difference between deportation and refusal of entry. I was under the impression your friend had been refused entry. Please clarify, so that others can answer your questions accurately.

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                  • #10
                    yes he was refused entry and sent back to his home country with his passport in custody of the airline until he landed in his home country and for no fault ..just that he visited US too often ?? is this normal ?? his B1/B2 visa was cancelled and passport stamped saying I-275 executed under section 212(a)(7)(i)..i think this is refusal of entry and deportation as well

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                    • #11
                      swissnut ,

                      please tell me does that mean he is deported ?
                      his passport says APPLICATION WITHDRAWN
                      I-275 executed
                      subject in custody of airline
                      section 212 (a)(7)(i)
                      only mistake he travelled too often ..he neverever overstayed than what was stamped on his I-94 on any of his visits .

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                      • #12
                        i guess its clear now ..my question is how will this guy go about applying for a waiver if at all its required in this case ???
                        will he be able to get a GC if his son petitions him ..please help..

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                        • #13
                          That section of the CFR deals with inadmissibility. There are some cases when the person simply loses the benefits of the VWP. In order to answer your question, I believe we need to know if he is coming in from a country under the Visa Waiver Programme. What country was he traveling from?

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                          • #14
                            Aman<

                            I have limited knowledge in this, so please continue to seek answers from others here, but it appears I am the only one at work today .

                            The B1/B2 visa can be used for occasional business matters and tourism purposes. These visas are generally much easier to secure. If your friend was traveling often, it might be that the I-275 was issued at the POE, because the immigration inspector suspected either immigrant intent or that more invasive business purposes being conducted.

                            Now it would appear to me, that if he is traveling from a country participating in the visa waiver programme, (there are about 28 countries in all) it might be that he has just lost the requisite benefits and would have to apply for a more restrictive visa in the future, like an H class. Please be sure to check this out, because I am speculating here.

                            Hope this explanation helps.

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                            • #15
                              Hi Aman,
                              in my opinion the person who was not admitted is NOT permanently barred from re-entering the U.S. or obtaining residency status in the future when the conditions for such exists and are met. All it means at this time, is just at the last entry attempt, he was not able to prove that he doesn't have 'immigrant intent' as it was pointed out to you earlier in the post (by swissnut, I believe!). These proves could include home-, business-, and property ownership , stong family and community ties in the homecountry etc.

                              In any case, there is no real significant difference of an alien being not-admitted at the port of entry, or being REMOVED from the U.S. ("deportation" is an older term that has no current implications anymore); once the alien is out of the country, for any of the ridiculous a google reasons, a bar of inadmissiablility usually (but not necessarily) starts for 3 or 5 years (or permanently) respectively. Unless, the alien can immediatly PROVE (the burden lies with the alien) that there is no immigrant intent.

                              For these purposes and to avoid these classical obstacles and hassles, any alien remaining in the U.S. for longer when 180 days should posses plenty of proof with his or her person that immigrant intent does not exist, and also I'd strongly advise to file income tax with the IRS.

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