Question about Denied Entry and DS156-PLEASE HELP!!!
Mar 6th 2003, 3:21 am
#1
Forum Regular
Thread Starter
Joined: Dec 2002
Posts: 235
Question about Denied Entry and DS156-PLEASE HELP!!!
The DS-156 form states to answer yes or no to this question:
"Have you ever been refused admission to the U.S., or been the subject of a deportation hearing, or sought to obtain or
assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful
misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or
a public secondary school after November 30, 1996 without reimbursing the school?"
The key part to this to me is "by fraud or willfill misrepresentation or other unlawful means"
Marc was denied entry to the US once, but it was certainly not us willfully misrepresenting ourselves. How should this question be answered?
(Marc was going to come stay with me a few months prior to our engagement. We didn't realize we had to provide proof that he was returning)
"Have you ever been refused admission to the U.S., or been the subject of a deportation hearing, or sought to obtain or
assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful
misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or
a public secondary school after November 30, 1996 without reimbursing the school?"
The key part to this to me is "by fraud or willfill misrepresentation or other unlawful means"
Marc was denied entry to the US once, but it was certainly not us willfully misrepresenting ourselves. How should this question be answered?
(Marc was going to come stay with me a few months prior to our engagement. We didn't realize we had to provide proof that he was returning)
Mar 6th 2003, 4:19 am
#2
jingling
Joined: Sep 2002
Posts: 18,123
Hi Jana,
We are in the same situation. Our lawyer said it should not prevent Cory from getting his visa because it was more than a year ago...so I hope the Vancouver Consulate agrees (I'm still worried).
He also recommended we write a short letter responding to item/question # __ (sorry I forgot the question number), that states he did not intend to stay for longer than the time period, etc., that he had a return trip ticket and intended to return, and that we got engaged on one of my later visits to Canada.
Everyone's situation is different, so I am just sharing what we are doing, in case it might help.
Good luck and congrats again on your recent petition approval
Juliet
We are in the same situation. Our lawyer said it should not prevent Cory from getting his visa because it was more than a year ago...so I hope the Vancouver Consulate agrees (I'm still worried).
He also recommended we write a short letter responding to item/question # __ (sorry I forgot the question number), that states he did not intend to stay for longer than the time period, etc., that he had a return trip ticket and intended to return, and that we got engaged on one of my later visits to Canada.
Everyone's situation is different, so I am just sharing what we are doing, in case it might help.
Good luck and congrats again on your recent petition approval
Juliet
Mar 6th 2003, 4:32 am
#3
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Joined: Jul 2002
Location: Tennessee
Posts: 424
I think the fact that he did enter at a later time and RETURNED to his home country and waited out the Fiance visa is proof that he was honest in his intentions... I don't think you have anything to worry about. Just explain yourself thoroughly in a letter attached... (I had about 5 attachment letters with my DS-156 including an explanation about a POE denial of entry but it was only because as a passenger with a friend I didnt have proper ID when going shopping for a few hours)
I did get my K3 visa BTW
Susie
I did get my K3 visa BTW
Susie
Mar 6th 2003, 4:55 am
#4
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Question about Denied Entry and DS156-PLEASE HELP!!!
Originally posted by Jana
The DS-156 form states to answer yes or no to this question:
"Have you ever been refused admission to the U.S., or been the subject of a deportation hearing, or sought to obtain or
assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful
misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or
a public secondary school after November 30, 1996 without reimbursing the school?"
The key part to this to me is "by fraud or willfill misrepresentation or other unlawful means"
Marc was denied entry to the US once, but it was certainly not us willfully misrepresenting ourselves. How should this question be answered?
(Marc was going to come stay with me a few months prior to our engagement. We didn't realize we had to provide proof that he was returning)
The DS-156 form states to answer yes or no to this question:
"Have you ever been refused admission to the U.S., or been the subject of a deportation hearing, or sought to obtain or
assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful
misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or
a public secondary school after November 30, 1996 without reimbursing the school?"
The key part to this to me is "by fraud or willfill misrepresentation or other unlawful means"
Marc was denied entry to the US once, but it was certainly not us willfully misrepresenting ourselves. How should this question be answered?
(Marc was going to come stay with me a few months prior to our engagement. We didn't realize we had to provide proof that he was returning)
Hi:
You have to disclose the refusal of admission. As to whether or not that causes problems -- it depends upon exactly what transpired at the POE. Without seeing the paperwork, I wouldn't even begin to tell you.
Mar 6th 2003, 5:10 am
#5
jingling
Joined: Sep 2002
Posts: 18,123
Re: Question about Denied Entry and DS156-PLEASE HELP!!!
When you say paperwork, could you clarify what kind do you mean? Cory was given a checklist of conditions that had to be met before he could be admitted to the U.S. again. They didn't ban him, they just said he had to meet those requirements to show he had sufficent ties to return (lease agreements, letter from employer, etc.) before he could me admitted to the U.S. The POE officer also said it "wasn't [in effect] for forever."
Cory doesn't have that document anymore though. Would the Consulate have access to that?
Just wondering
Juliet
Cory doesn't have that document anymore though. Would the Consulate have access to that?
Just wondering
Juliet
Originally posted by Folinskyinla
Hi:
You have to disclose the refusal of admission. As to whether or not that causes problems -- it depends upon exactly what transpired at the POE. Without seeing the paperwork, I wouldn't even begin to tell you.
Hi:
You have to disclose the refusal of admission. As to whether or not that causes problems -- it depends upon exactly what transpired at the POE. Without seeing the paperwork, I wouldn't even begin to tell you.
Mar 6th 2003, 5:45 am
#6
Forum Regular
Thread Starter
Joined: Dec 2002
Posts: 235
Re: Question about Denied Entry and DS156-PLEASE HELP!!!
Originally posted by Folinskyinla
Hi:
You have to disclose the refusal of admission. As to whether or not that causes problems -- it depends upon exactly what transpired at the POE. Without seeing the paperwork, I wouldn't even begin to tell you.
Hi:
You have to disclose the refusal of admission. As to whether or not that causes problems -- it depends upon exactly what transpired at the POE. Without seeing the paperwork, I wouldn't even begin to tell you.
Mar 6th 2003, 5:48 am
#7
jingling
Joined: Sep 2002
Posts: 18,123
Probably you would say yes, because that is the correct answer to "Have you ever been refused admission to the U.S., ...". 
If you provide an explanation, it would be to why the answer is 'yes'.
Juliet
If you provide an explanation, it would be to why the answer is 'yes'.
Juliet
Last edited by jcapulet; Mar 6th 2003 at 5:53 am.
Mar 6th 2003, 5:52 am
#8
jingling
Joined: Sep 2002
Posts: 18,123
One more thought...
That part is a little confusing though because it's hard to tell if the "is "by fraud or willfill misrepresentation or other unlawful means" pertains to the first part or the last part of the paragraph. We were told to answer "yes" but you might want to consult with an attorney about your situation.
Juliet
That part is a little confusing though because it's hard to tell if the "is "by fraud or willfill misrepresentation or other unlawful means" pertains to the first part or the last part of the paragraph. We were told to answer "yes" but you might want to consult with an attorney about your situation.
Juliet
Mar 6th 2003, 5:56 am
#9
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Joined: Jul 2002
Location: Tennessee
Posts: 424
Definitely say YES and attach a letter explaining, as long as you explain it thoroughly I dont see a problem as long as you have always been and continue to be honest
Susie
Susie
Mar 6th 2003, 7:38 am
#10
Petey's Playmate
Joined: Apr 2002
Location: Minnesota
Posts: 677
Peter had been denied entry once cause of lack of funds for the amount of time he wanted to stay in the US. So he answered yes to that question. When we got to the consulate in Vancouver they looked over that sheet with that question on & the officer asked Peter why he was denied entry & Peter told him that he was denied for lack of funds & the officer said that didnt count for that question to be answered yes. He also told Peter that you have to read these questions carfully & answer carfully cause it could bite ya on the butt.
You could leave it blank for now & then at the consulate they will ask you why you didnt check yes or no & then explain to them why you didnt cause you wasnt sure if your denial would count or not.
You could leave it blank for now & then at the consulate they will ask you why you didnt check yes or no & then explain to them why you didnt cause you wasnt sure if your denial would count or not.
