VWP denial... next step (complicated)
Apr 5th 2006, 9:02 am
#16
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: VWP denial... next step (complicated)
Originally Posted by eiman
I apologise again for all the confusion I have caused.
I know very little about the VWP and visitor's visa, never had to deal with those, so I'll leave that issue for other folks to comment on.
My fiance and I did a K-1 visa for him (not from the UK, though), so later on if you have any questions regarding the K-1 paperwork, feel free to ask.
Good luck on the 25th.
Rene
Apr 5th 2006, 9:03 am
#17
American Expat
Joined: Jan 2004
Posts: 7,598
Re: VWP denial... next step (complicated)
Originally Posted by eiman
I have just logged on and can see that their has been alot of confusion and I apologise to all the members for this, I truely do.
What I have written on this post is the current course of events, I have had a girlfriend in the States for about a year and she became my fiance at the end of last year. Since I was refused entry last month, we decided the best way for us to be together was to get married. So hence, my fiance has submitted the I-129f for the K1 fiance visa. I apologise in the previous thread the truth wasnt told, I just wanted to see what the process would be if I was married. I apologise again for the confusion.
To answer some questions, I WAS told at the embassy in 2004 that she will put a mark on my passport so I wouldnt have any problems at POE, I HONESTLY didnt think I was refused a visa and hence on subsequent visits on the waiver stated that I hadn't been refused a visa, this is where problem lies in my last visit,
My embassy stamp says "application recieved" with a scribbled letter next to it, I specifically asked the lady at the embassy if I will have problems using the waiver, and she said she will mark my passport so I wouldnt have any problems.
And I was deported, I think thats the correct word, they decided to reject my waiver on the basis that I had lied on the form, I spent the night under supervison at LAX and flew me back to LHR the following day.
I feel very hard done by, I was furious, with my in-laws waiting outside the aerport. Probably worst moment of my life.
Anyways, I am hopefully planning my wedding for november 2006 (8months away) but will listen to advice that I shouldnt put any deposits down yet.
I have an appointment on the 25th April for an interview for visitors visa, according to your threads, I shouldnt even consider it, but I honestly think I am justified to explain my situation to the embassy.
I apologise again for all the confusion I have caused.
What I have written on this post is the current course of events, I have had a girlfriend in the States for about a year and she became my fiance at the end of last year. Since I was refused entry last month, we decided the best way for us to be together was to get married. So hence, my fiance has submitted the I-129f for the K1 fiance visa. I apologise in the previous thread the truth wasnt told, I just wanted to see what the process would be if I was married. I apologise again for the confusion.
To answer some questions, I WAS told at the embassy in 2004 that she will put a mark on my passport so I wouldnt have any problems at POE, I HONESTLY didnt think I was refused a visa and hence on subsequent visits on the waiver stated that I hadn't been refused a visa, this is where problem lies in my last visit,
My embassy stamp says "application recieved" with a scribbled letter next to it, I specifically asked the lady at the embassy if I will have problems using the waiver, and she said she will mark my passport so I wouldnt have any problems.
And I was deported, I think thats the correct word, they decided to reject my waiver on the basis that I had lied on the form, I spent the night under supervison at LAX and flew me back to LHR the following day.
I feel very hard done by, I was furious, with my in-laws waiting outside the aerport. Probably worst moment of my life.
Anyways, I am hopefully planning my wedding for november 2006 (8months away) but will listen to advice that I shouldnt put any deposits down yet.
I have an appointment on the 25th April for an interview for visitors visa, according to your threads, I shouldnt even consider it, but I honestly think I am justified to explain my situation to the embassy.
I apologise again for all the confusion I have caused.
BTW: You weren't deported. You were refused entry under section 217 of the INA. Deported isn't often used anymore but the closest thing would be when someone is arrested within the US, not upon arrival, and removed from the US.
Apr 5th 2006, 9:07 am
#18
Account Closed
Joined: Mar 2004
Posts: 2
Re: VWP denial... next step (complicated)
Originally Posted by crg14624
.
BTW: You weren't deported. You were refused entry under section 217 of the INA. Deported isn't often used anymore but the closest thing would be when someone is arrested within the US, not upon arrival, and removed from the US.
BTW: You weren't deported. You were refused entry under section 217 of the INA. Deported isn't often used anymore but the closest thing would be when someone is arrested within the US, not upon arrival, and removed from the US.
Apr 5th 2006, 9:09 am
#19
Just Joined
Thread Starter
Joined: Mar 2006
Posts: 15
Re: VWP denial... next step (complicated)
Originally Posted by Boiler
1. Being refused a B2 is not the problem in itself, it sounds like you misunderstood what she said to you.
2. The Embassy do not determine who gets let in, the Port of Entry do. Think of the VWP or B as an application document.
3. Whilst you may have been given a soft refusal for the B, you were still refused a visa and that is where the BIG issue is. What did they stamp your passport with when you were turned back?
4. If you had ticked the right box, you would probably have been OK, I did and I was. Pretty much guarantees a trip to Secondary but you ended up there anyway in a much worse situation.
5. If you have applied, you might as well go. If you are not sure if you have a ban, that will be one way to find out. Your call.
2. The Embassy do not determine who gets let in, the Port of Entry do. Think of the VWP or B as an application document.
3. Whilst you may have been given a soft refusal for the B, you were still refused a visa and that is where the BIG issue is. What did they stamp your passport with when you were turned back?
4. If you had ticked the right box, you would probably have been OK, I did and I was. Pretty much guarantees a trip to Secondary but you ended up there anyway in a much worse situation.
5. If you have applied, you might as well go. If you are not sure if you have a ban, that will be one way to find out. Your call.
I appreciate the response, I was told in LAX that my waiver had been rejected and that for me to enter, I need to obtain a visa from the embassy. The superior officer even told me that whoever is refused a visa at the embassy, can not use the waiver, but reading some threads, I dont think he knew what he was talking about.
My passport isnt at hand for me to look at, but it has the end of the green waiver stapled, with my case number and an auth number handwritten next to it.
Apr 5th 2006, 9:13 am
#20
Account Closed
Joined: Mar 2004
Posts: 2
Re: VWP denial... next step (complicated)
Originally Posted by eiman
I appreciate the response, I was told in LAX that my waiver had been rejected and that for me to enter, I need to obtain a visa from the embassy. The superior officer even told me that whoever is refused a visa at the embassy, can not use the waiver, but reading some threads, I dont think he knew what he was talking about.
My passport isnt at hand for me to look at, but it has the end of the green waiver stapled, with my case number and an auth number handwritten next to it.
My passport isnt at hand for me to look at, but it has the end of the green waiver stapled, with my case number and an auth number handwritten next to it.
Refused a Visa
While travelers who have been refused a visa under the provisions of Section 221(g) or 214(b) of the Immigration and Nationality Act are not ineligible to travel visa under the Visa Waiver Program, they will be questioned by an immigration official at the U. S. port of entry regarding the refusal by the Embassy or Consulate.
The traveler should carry with him or her evidence of his or her intention to depart the United States at the end of the visit. This is generally satisfied by furnishing evidence of strong social and economic ties to the traveler's 's place of permanent residence. There is no set form that this should take as each person's circumstances differ.
If the immigration officer is not satisfied that the traveler meets the qualifications for nonimmigrant status, the traveler will be denied entry.
Apr 5th 2006, 9:13 am
#21
American Expat
Joined: Jan 2004
Posts: 7,598
Re: VWP denial... next step (complicated)
Originally Posted by Boiler
So no waiver issues?
Apr 5th 2006, 9:19 am
#22
Account Closed
Joined: Mar 2004
Posts: 2
Re: VWP denial... next step (complicated)
Originally Posted by crg14624
I highly doubt that he needs a waiver of inadmissibility unless there is more to the story. Having a visa denied at the consulate for failure to prove nonimmigrant intent a ground of inadmissibility, so lying on the visa waiver form isn't usually a material fact. If the visa was denied for criminal reasons etc, then lying about being previously denied would be a material fact and also make someone inadmissible for fraud. He essentially shot is credibility, but didn't really commit fraud. However, if he denied seeking entry to work, previous unauthorized employment, or an overstay on the visa waiver program, then that would be a material fact and would be considered immigration fraud and require a waiver.
