entry denial stamp

Old Apr 8th 2013, 6:59 pm
  #31  
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Default Re: entry denial stamp

Originally Posted by raf rose
yes we were trying for COS but it all has got really messed up ... i am afraid of the stamp on my passport, i dont how its gnna effect my future travels to US or even applying any visa to US... at the moment really dont understand what to do...
How could you perform a COS? You were not in the US on a non-immigrant visa, you were in on the visa waiver program. You had no status to change from. Since your Hubby is not a USC he is not able to sponsor you which would have been the only scenario where it is possible to AOS from VWP.

Therefore you were just applying for a visa, you were not changing your status at all. B-2 is the perfect visa for people that are cohabiting with another non-immigrant in the US, however you need to demonstrate that there is no intent on remaining in the US by proving ties to another country to qualify for this visa. Your hubby being in the US in E-2 status does not help you in that regard at all, as most people tend to remain in the US for as long as possible (potentially forever) as the E-2 (whilst the visa from hell) is a large investment.

Therefore you are required to go back and apply again on the esta website (based on your recent application denial) and this (from past posts on BE) is most likely going to be denied for an indeterminate amount of time. Some report around 6 months to a year before they are successful again, some quicker and just recently one post was over a year and still denied.

Now as your Hubby is in the US in E-2 status, you as his spouse should be eligible to also apply for the same status. see here

http://www.uscis.gov/portal/site/usc...00b92ca60aRCRD
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Old Apr 8th 2013, 7:02 pm
  #32  
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Default Re: entry denial stamp

Originally Posted by Michael
I suspect that shouldn't have any effect when applying for a derivative E2 visa since you didn't enter the US illegally or overstay.
exactly, we were very honest from the very begining telling them all along that my husband is there.. on the airport too i was very honest and supportive.. but i think sometime being honest dosnt help and create more probs..
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Old Apr 8th 2013, 7:15 pm
  #33  
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Default Re: entry denial stamp

OK, as long as you understand that at present travelling to the US is a non-starter.

She has been denied entry. As a result, she can never use ESTA again.
Ive learnt to distrust what a poster says to start with, she may have been afforded to opportunity to withdraw her petition to enter rather than be denied and have simply not understood. After what she has now wrote, I agree with the above,
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Old Apr 8th 2013, 7:16 pm
  #34  
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Default Re: entry denial stamp

Lying would only make it worse.
Looks like your denial was based on not satisfying the criteria of the VWP. The good news:. You were not removed from the US.
You will of course have to disclose this when applying for the E-2 visa.


On a side note, the B-2 refusal rate in VWP countries is actually quite high. Great Britain: 20%. China: 8.5%.

http://www.travel.state.gov/pdf/refusalratelanguage.pdf
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Old Apr 8th 2013, 7:22 pm
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Default Re: entry denial stamp

what you ppl suggest when shud i apply E2, shud i wait for sometime if yes how long!!!!!!!
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Old Apr 8th 2013, 7:24 pm
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Default Re: entry denial stamp

There is no reason for you to wait to apply for the E2, when you have the paperwork together you can get started.
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Old Apr 8th 2013, 7:26 pm
  #37  
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Default Re: entry denial stamp

Originally Posted by raf rose
what you ppl suggest when shud i apply E2, shud i wait for sometime if yes how long!!!!!!!
Get your paperwork in order and apply ASAP.
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Old Apr 8th 2013, 7:28 pm
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Default Re: entry denial stamp

Originally Posted by jxv73
Lying would only make it worse.
Looks like your denial was based on not satisfying the criteria of the VWP. The good news:. You were not removed from the US.
You will of course have to disclose this when applying for the E-2 visa.


On a side note, the B-2 refusal rate in VWP countries is actually quite high. Great Britain: 20%. China: 8.5%.

http://www.travel.state.gov/pdf/refusalratelanguage.pdf
That is B1/B2 visas for business and pleasure. I suspect B2 visas for visitors are much higher in visa waiver program countries.

Last edited by Michael; Apr 8th 2013 at 7:30 pm.
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Old Apr 8th 2013, 7:28 pm
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Default Re: entry denial stamp

Originally Posted by civilservant
There is no reason for you to wait to apply for the E2, when you have the paperwork together you can get started.
Originally Posted by DavidLemon
Get your paperwork in order and apply ASAP.
+1
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Old Apr 8th 2013, 7:33 pm
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Default Re: entry denial stamp

Yes she does have a status to change from - WT, visitor for pleasure admitted without visa under the VWP.

The correct reason why she could not change status is because that the rules of the VWP explicitly do not permit it. It's a quid pro quo of the VWP - one doen't need a visa, but one also doesn't get some of the benefits of having a visa. A person in B-2 status can apply to change status, a person in WT status cannot.

Regards, JEff

Originally Posted by DavidLemon
How could you perform a COS? You were not in the US on a non-immigrant visa, you were in on the visa waiver program. You had no status to change from.

Last edited by jeffreyhy; Apr 8th 2013 at 7:52 pm.
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Old Apr 8th 2013, 7:46 pm
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Default Re: entry denial stamp

Note that the link you reference offers an explanation for the seemingly high refusal rate - VWP travelers are not included in the calculation of refusal rate, but "such travelers would in all likelihood have been issued visas had they applied." If VWP travelers were included as successful B-visa applicants, the refusal rate would be lower.

Regards, JEff


Originally Posted by jxv73
On a side note, the B-2 refusal rate in VWP countries is actually quite high. Great Britain: 20%. China: 8.5%.

http://www.travel.state.gov/pdf/refusalratelanguage.pdf
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Old Apr 8th 2013, 7:58 pm
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Default Re: entry denial stamp

Originally Posted by jeffreyhy
Yes she does have a status to change from - WT, visitor for pleasure admitted without visa under the VWP.

The correct reason why she could not change status is because that the rules of the VWP explicitly do not permit it. It's a quid pro quo of the VWP - one doen't need a visa, but one also doesn't get some of the benefits of having a visa. A person in W-2 status can apply to change status, a person in WT status cannot.

Regards, JEff
Semantics.... UCSIS does not allow people to change their status when in on WT or WB, thus my statement was correct she had no status to change from. I could have said from an immigration stand point, but never really felt the need to do so as we are in an immigration forum. Next time i will clarify it a little better for the more pedantic of readers
What does ones wages and tax witholdings have to do with this post

Last edited by DavidLemon; Apr 8th 2013 at 8:11 pm.
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Old Apr 8th 2013, 8:01 pm
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Default Re: entry denial stamp

Originally Posted by civilservant
There is no reason for you to wait to apply for the E2, when you have the paperwork together you can get started.
do we have to prove that my husband have invested more then $250000 or are going to invest? does my husband need any specific amount of money in his bank acc to be able to get his spouse approved as a dependent on his visa?
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Old Apr 8th 2013, 8:02 pm
  #44  
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Default Re: entry denial stamp

Indeed. But I think most odn't realize that, if they don't use the VWP, they have a non-trivial risk of getting refused.
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Old Apr 8th 2013, 8:10 pm
  #45  
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Default Re: entry denial stamp

No, it's not semantics. WT and WB are immigration statuses. You will find them listed in nonimmigrant class of admission tables. The fact that a change of status from WT or WB is not allowed does not change that. (And it's not USCIS that doesn't allow it, it's the INA that doesn't allow it. USCIS is simply implementing the law, properly in this case.)

Originally Posted by DavidLemon
Semantics.... UCSIS does not allow people to change their status when in on WT or WB, thus my statement was correct she had no status to change from.
You've got me with this one. Yes, from an immigration stand point. We are discussing immigration status and, repeating myself, WT and WB are immigration statuses.
Originally Posted by DavidLemon
I could have said from an immigration stand point, but never really felt the need to do so as we are in an immigration forum. Next time i will clarify it a little better for the more pedantic of readers
Good question, what makes you ask it?
Originally Posted by DavidLemon
What does ones tax witholdings have to do with this post


Regards, JEff

Last edited by jeffreyhy; Apr 8th 2013 at 8:16 pm.
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