peter1966

Hi

Can an immigration officer deny you entry when you first enter the country at the airport if you are on a K1 or K3 visa ?

Has anyone had any experience of this ?

Rete

In my seven plus years here, I've not seen anyone denied entry at the port of entry when activating a K visa. However, that does not mean that it can't and hasn't happened. To be denied entry, I'm assuming one has to be caught in a situation where the examiner has discovered something seriously wrong with the paperwork and/or the K visa beneficiary has committed an act of fraud, etc.

Rete

Folinskyinla

Hi:

I've seen it in case law on the K-1 side [K-3 is still too new]. Usually its because the petitioner has died.

Also, it pays to remember that the various ground of inadmissibility are checked at both the visa issuance stage AND at the port of entry [this is part of the long standing reason for the "double-check" part of the law -- it long pre-dates 9-11]. Lets say that a ground of inadmissibility comes up AFTER visa issuance but before departure for the US -- then, yes, it would be possible for refusal of entry. Or, lets say the alien is added to the "lookout book" lists in the interim -- same result.

Jonathan McNeil Wong

Folinskyinla wrote:
    >>Hi
    >>Can an immigration officer deny you entry when you first enter the
    >>country at the airport if you are on a K1 or K3 visa ?
    >>Has anyone had any experience of this ?
    >
    >
    > Hi:
    >
    > I've seen it in case law on the K-1 side [K-3 is still too new].
    > Usually its because the petitioner has died.
    >
    > Also, it pays to remember that the various ground of inadmissibility are
    > checked at both the visa issuance stage AND at the port of entry [this
    > is part of the long standing reason for the "double-check" part of the
    > law -- it long pre-dates 9-11]. Lets say that a ground of
    > inadmissibility comes up AFTER visa issuance but before departure for
    > the US -- then, yes, it would be possible for refusal of entry. Or,
    > lets say the alien is added to the "lookout book" lists in the interim
    > -- same result.
    >

I have a K-3 refusal on the basis that the underlying I-130 is
fraudulent. _But_ the I-130 has not officially been denied, so I am
arguing that POE cannot legally refuse admission on this basis. (I am
also pursuing Plan B.)

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

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