bluelectric

If my passport says "refused in accordance with INA section 217" does this mean that I was under immigration proceedings?

I was trying to enter under vwp but was refused entry at the airport and they used my return ticket to send me back home.

So for question 16 when asked if I was under immigration proceedings on the I-130, do I answer yes or no?

Also, when asked if I have ever been in the USA, do I put yes or no? Because I didn't actually get to leave the airport.

Thanks for any help

bluelectric

please somebody help

Noorah101

Hi blueelectric, Welcome to BE.

Just be patient. You posted in the middle of the night when most people on this forum were sleeping. I'm sure someone will come along to help sometime today.

Best Wishes,
Rene

crg

Section 217 means you were refused under the visa waiver program. That is not considered to be under immigration proceedings. That's a NO.

I'd put YES to the question about being in the US, and add "Refused entry under the Visa Waiver Program" and list the date. Also, you probably already have an alien number, so you should list that number on the forms when they ask for it. It should have been written in your passport, and on the copies of documents they gave you when you were refused.

What else was written in the passport?

Folinskyinla

Hi:

OK, you were not in "removal," "exclusion/deportation" "recission" or "judicial proceedings."

bluelectric

thanks everyone for all of your very helpful responses.

crg14624 I did not get any paperwork but I do have the a number that you're talking about. Other than that I don't really have anything written down other than the date, place, officer and various letters and numbers that I can't really make out.

Thanks again everyone for being supportive, this incident really shook me up.

meauxna

The 'various letters and numbers' are the part that tell what happened to you.

bluelectric

Hey meauxna,

is there a way I can find out what it says about me based on those letters/numbers? I know what happened to me but I felt like they misconstrued a lot of things that day and made everything worse than it really was so I would be curious to know.

thanks!

meauxna

Yes, if you have the letters and numbers, the exact code for the denial can be looked up. The INA is posted at uscis.gov
If you post it here, it may be something common that others have posted about and can comment on.

Folinskyinla

Immigration and Nationality Act of 1952, as amended. Often referred to as the "INA" or "The Act."

Sometimes, reference is made to the codified version which is found at title 8 of the United States Code. The code numbers are different -- e.g. INA section 245 is 8 USC section 1255. FWIW, the regulations are keyed to the ACT numbers. For example, the regulations for INA section 245 are found at 8 CFR part 245.

crg

Does it say 212(a)(6)(C), 212(a)(7)(A)(i)(I), 6C1, or 7A1 anywhere?

They should have given you a copy of the statement they took.

bluelectric

I think it says something like

212(a)(2)(A)(i)(I)

I can't tell if it's a (7) or (2). It's written with very sloppy hand writting.

Would you happen to know what that means?

jeffreyhy

b,

It's a section of the INA.

Google the string both ways - with a '2' and with a '7' - and see which section seems to be the one that's applicable to you.

Regards, JEff

ian-mstm

I'm guessing it's a 7... unless there's something else we don't know about!

Ian

Folinskyinla

Hi:

(2) is about your criminal record.
(7) is about general eligibility.

(7) is "spitting on the sidewalk" and (2) is you "you have problems."