RB2020

New member so sorry if I've missed a previous answer.

As a retiree I have been spending a lot of time in the US with my daughter and and grandchildren, who are US citizens, using the I94W program. I was eventually returned on arrival when one immigration officer regarded me as a virtual immigrant (even though I had ESTA approval and scrupulously stayed within the time limits).

I have now (belatedly perhaps) decided to apply for immigration status through my daughter using the I 130 family route.

My question is, does the return under the non-immigrant I94 waiver program have to be disclosed on the I 130 application? The relevant question is

16. Has your relative ever been under immigration proceedings?

Answers are No / Yes________Where and When

Removal / Exclusion or Deportation / Rescission / Judicial Proceedings

I'm not sure what the response should be, and obviously don't want to jeopardise the application by either raising an unnecessary obstacle, or failing to disclose information which is required.

Any guidance would be very helpful.

ian-mstm

No. Being refused entry on the VWP is not considered a formal removal.


It should be "no".

Ian

scrubbedexpat099

Sounds like the IO had a point.

Have you looked at Medical Insurance.

meauxna

Aside from the details, have you considered everything involved with becoming a Permanent Resident?
Like Boiler mentions.. health insurance. Also taxation, pensions you've got at home, housing. You have to live a certain percentage of time in the US (majority) and that can impact things back 'home'.

It could be that you've gone over all this. We just like to ask in case you hadn't.

RB2020

Thanks Ian - that was what I hoped it would be - you are far more definite than I was!

Boiler and Meauxna - thanks for your concerns - there are certainly many issues to take into account when moving to the States, but through my family there I already have property, insurance and investments. I'm sure there will be other concerns - the current exchange rate for one, and I'll keep watching this forum for useful advice on how to adapt and survive.

ian-mstm

No worries! Hang around here for a while and you'll also pick up a thing or two!

Ian

henryh

Was anything stamped/written in your passport? Did you sign a sworn statement? Under what section of the INA were your refused entry?

Some VWP refusals do count as a formal removal - "expedited removal". This is generally the case when CBP suspect you have made "material misrepresentations" or they consider your behavior to be fraudulent. It sounds like this is not what happened with you, but it is worth checking.

RB2020

Passport stamped:

REFUSED 8 CFR 217.4(a)(1)

I did sign a sworn statement.

Inadmissible under Section 212 (a)(7)(A)(i)(I) INA.

scrubbedexpat099

What did you say in your sworn statement?

Just suddenly occurred to me you said that you had medical insurance in the US, not the sort of thing a visitor does.

RB2020

After 36 hours without sleep, just about anything! Basically confirming the amount of time spent in the US over a 3 year period, and denying that my trips made me an immigrant. We agreed to differ on that one.

Not US insurance (only available to permanent residents!). BUPA allow addition of USA cover to their policy for the period in the States.

crg

That's just totally false. A VWP refusal is never a formal removal. A VWP Refusal (section 217) and an Expedited Removal (section 235(b)) are different.

If someone misrepresents material fatcs while seeking admission under the VWP, they could be inadmissible for life but that is still not a removal order.

If someone is ordered removed it then becomes a criminal offense to seek entry without specific permission.

There are VWP removals that count as a removal, but those happen after the person is admitted into the interior of the US and then removed for a violation.

scrubbedexpat099

What Insurance?