scrubbedexpat099

I know what it is, do not know how it is relevant.

Slightly odd that they did not cancel your existing visa, normally if they do not want to let you in they would give you the opportunity to withdraw your application, not doing that escalates matters and do not know why anybody would want to do that. Next stop deportation and a 5 year ban.

You certainly do not have to talk to anybody, they certainly do not have to let you in, your call.

ian-mstm

Yes... and it's freely available online.


You'd better hope he completes it fully and signs it otherwise it'll be of little use to you... and I'm not sure how much use it's going to be anyway.


You have that right anyway... with or without a G-28.


No.


You can ask... but it's not likely to do you any good.

Ian

Twinkle0927

On another forum I read a thread where a woman's boyfriend was denied entry by CBP and was told he would be on the next available flight home. The next flight was the next day and he was taken to a detention cell. He asked to make a phone call and called his girlfriend who said she would pay for a hotel because the thought of her boyfriend in a cell was too heartbreaking for her. This was promptly refused as it would mean an officer having to stay on guard outside the room all night to stop the deportee slipping away in the night or the girlfriend slipping into the hotel. They couldn't expect the hotel staff to make sure that the person didn't leave all night.

tom169

And in that case even seeing the girlfriend (like in a secure room) would be at the discretion of the staff.

marinmarie

@Boiler they denied the new visa (so the renewal of the current visa), not the current visa itself. presumably they didn't cancel the current visa because there's no reason why it should be cancelled, for whatever reason they dont think there was enough of a case for there to be a new visa issued. i could have withdrawn the application while they were trying to make up their minds but if i had i'd be in the same position as now - because it would have counted as a denial. even if i had withdrawn that application, it was only an application for a new visa,nit the current one so it should have no affect really on the current one.

there isn't really any info out there on anyone who's still working on their current visa when the renewal of it has been denied, thats why ive been concerned about it. i guess it's the same as being denied an extension to a visa.

the payment i'd have to incur to the US attorney would be a retainer so that they'd be available on the day incase they were needed and for them to supply me with the g 28 stating that i am their client and for nothing to be signed by me without speaking to them. i was just going to go through with this as a precaution, and for some peace of mind. im just not sure now if it's the right thing to do

scrubbedexpat099

I am not saying they always cancel the old visa, I think usually they do.

I do not see the point of the G 28, you do not have to say anything if you do not wish to.

ian-mstm

Basically, you'll be throwing money away! You aren't required to say or sign anything anyway... with or without an attorney!

Ian

marinmarie

i hope i am throwing money away because i hope it wont come to that!

i just wanted to prepare for the worst case. and if i were to be denied entry i would want to contest it and id rather not wait in a cell for weeks ... !

i just looked at my denial letter again and it says i was 'unqualified' for the visa. i think there's a difference between unqualified and ineligible? im assuming now they must not think the work we do falls under this visa category. if that was the case then they were wrong. well sell images to the uk press and this visa is very specific. press work cant fall under any other visa.

Noorah101

You don't seem to get what we're telling you. You most likely won't have a choice.

I wouldn't think so.

Even so, there's not much you can do about it except try applying again at some point in the future.

Rene

ian-mstm

Rene is right - if you are denied entry you really only get two choices: return home or appeal the decision and wait for a hearing in front of an immigration judge. If you choose the hearing, you'll be held in detention regardless of how long it takes... lawyer or not! IOW, having a lawyer on retainer isn't going to help you!

FWIW, most people choose to go home, because it's the lesser of two evils. If you choose to appeal, you won't give the impression that you're standing up for yourself... you'll give the impression that you're desperate to remain in the US.

It's your choice, of course... but I certainly wouldn't spend time in detention just because I thought a CBP officer made an incorrect decision. By the way, the CBP officer's job is to keep non-US citizens out of the US. That is their default position - and they have the widest-possible latitude in carrying out their duties.

From where I sit, you'd be a fool to risk the possible consequences just for a job. But perhaps your risk tolerance is much higher than mine... as may be, perhaps, the risk/reward ratio!

Ian

marinmarie

even if i end of getting another job in the future, the field i work in and specialise in now is international press coverage. i want to avoid absolutely anything that would hinder any future travel. i see being denied entry into a country as quite serious so i'd do anything i could to overturn that if it came about

materialcontroller

If you don't want to face the prospect of being denied entry, don't travel. It really is that simple. It's entirely your choice whether you accept the risk or you don't.

ian-mstm

Fair enough. Keep in mind, however, that being denied entry to the country remains on your record and you are required to declare it on any subsequent visa. It doesn't disappear off the record simply because you are subsequently allowed in. Good luck to you!

Ian

scrubbedexpat099

You are let in or you are not, those are the 2 options.