Denied Entry to USA
Denied Entry to USA
Reasons for Denied Entry to USA
Most foreign nationals who are denied entry to the US are those attempting to enter as tourists with B1/B2 visas or through the VWP Visa Waiver Program. In order for tourists to gain entry to the US, they must establish to CBP, the Immigration Officer, that their trip is for tourist purposes and that he or she intends to return home before their authorized period of stay which is typically 6 months for B1/B2 visa holders or 90 days for VWP entrants.
212(a)(7)(A) Documentation Requirement for Immigrants
If CBP believes that the foreign national, who requests a temporary entry, but believes that the foreign national truly intends to stay permanently, he may deny their entry pursuant to 212a7A and require them to obtain an immigrant visa before attempting reentry.
212(a)(6)(C)(i) Misrepresentation
If CBP believes that the foreign national made a material misrepresentation in order to attempt entry, such as stating that the applicant intends to visit Disney when they actually intend to work for a specific company, he may deny their entry pursuant to 212a6Ci.
212(a)(9)(B) Unlawful Presence
If CBP believes that the foreign national was previously in the United States illegally for a period of more than 180 days, he may deny their entry pursuant to 212a9B.
A complete list of reasons why a foreign national can be denied entry can be found here. INA 212 Inadmissibility.
What Happens When Denied Entry to USA
If you are denied entry to the US, CBP will normally give you an opportunity to withdraw your application for admission. If you withdraw your application for admission or if CBP orders your removal, you will be placed order oath and CBP will complete a record of incident. If this occurs, be sure to obtain a copy of this record. CBP will then place you on the next available flight with the airline to your home country (or car or boat depending on your method of entry).
Options to Address Denied Entry
After you have been denied entry, you will have three options to attempt a reentry. First, if you believe that CBP had no valid basis to refuse your entry (e.g. They accused you of misrepresentation but you made none) then you can challenge the denial of entry with CBP or provide evidence that the denial was made incorrectly. Second, if CBP denied your entry because they want you to enter as an immigrant rather than a nonimmigrant, you can obtain an immigrant visa. Third, if your entry was denied and the ground of inadmissibility does apply (e.g. you previously overstayed more than 180 days) then you can apply for a waiver of inadmissibility and then reenter.
In: Denied Entry, Inadmissibility, Inadmissibility Waiver · Tagged with: Denied Entry, Inadmissibility, Inadmissibility Waiver
on July 9, 2012 at 6:25 am
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My husband had applied for DV Lottery visa and been denies
under dection 212(a)(6) (c)(1) and 212(a)(2)(a)(1)
so it means he can never visit the usa ? is there any chance to apply for waiver of the ineligibility
please advise
khushboo
on August 5, 2012 at 2:42 am
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Is there any way to find out what section you were refused under 11yrs ago? I was refused under the vwp..the main reasonI believe was because Id travelled over 2 previous times in the same year and must have looked like I had immigrant intent,however I was just a stupid teenager chasing tail..
Im asking because I would like to go visit again,and I have to apply for a b2 visa now apparently. A question on the forms asks if I have been deported or refused admission for trying to gain entry fraudulently… And 212(a) means yes… 214(b) apparently just means they saw no means to support my trip. Im more than happy to select ‘yes’ if they did write 212(a),as I don’t want to be accused of lying on my application…however,iftit was 214,there’s no point writing yes and risk a denial.
on August 26, 2013 at 7:57 am
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To whom it may concern I want you to know that I never over stayed beyond the I94 form I stayed in USA between
1 and 3 months also my visa is legal it’s a b1b2 visa
I still have 4 years to use the visa because it’s a five years visa
I never broke the law I used to visit a disabled family and helped them with food and money — their pain medication
is very extensive — they use oxycodone
so I don’t think I have a problem reentering the USA
sincerely
-Charles Haddad
on August 26, 2013 at 8:05 am
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To whom it may concern — I never overstayed the period of time stated — my tourist visa is legal since 2006 every summer
I visit the USA for vacation and I buy a laptop music cd’s and dvd’s movies In the USA I helped a disabled family who were on the pain medication oxycodone when I bring food from walmart they feel happy also mike told me if they don’t have money for food and are broke they live on oatmill until
the next amount of money will be ready at the bank!!
I was always legal in USA and never had any problems
in few ays I am visiting California please wish me a nice trip
on November 30, 2013 at 11:35 am
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How do I submit an appeal?
“if you believe that CBP had no valid basis to refuse your entry (e.g. They accused you of misrepresentation but you made none) then you can challenge the denial of entry with CBP or provide evidence that the denial was made incorrectly.”
on February 22, 2014 at 10:44 am
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Good luck entering more than one time with your new visa.. Some of these agents are granted to be judge jury and executioner.. Especially Houston Texas. Even If you hire an expensive lawyer, the detaining officer will not call your attorneys to represent you. They will and have denied you the legal right.. You can even call your consulate office of your country and have them call too, yet the officer is just to busy to reply back.. You get tossed in a holding facility with crappy food, loud noise throughout the place, oh and your screwed about calling out unless somebody pays for a calling card that’s charging you 12 cents a min plus fees.. You don’t have a choice, the holding facility makes the contract with the vendor, they get a commission and stick it to the family member.. By the time you’ve gotten the runaround its better to just sign the waiver an have them ship you back
Spent your money in another country, this one just isn’t worth it.
on May 6, 2014 at 8:44 am
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Dear officer
I was always legal in the US I never violated the form 194
on May 18, 2014 at 6:58 am
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to whom it may concern I am not staying at Michael reed brooks house I decided to stay in a mote
on May 18, 2014 at 6:59 am
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to whom it may concern I am not staying at Michael reed brooks house I decided to stay in a motel
on May 18, 2014 at 7:27 am
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I decided not to help the brooks family financially I am staying in a motel and will invest money there the charge of the motel in one month is around 850 dollars
so I will invest and spend money in Bentonville Arkansas
-Charles
on May 18, 2014 at 7:48 am
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to whom it may concern I am not helping anyone financially I am staying in a motel in Bentonville the charge for 1 month at the motel is around 875 I will invest money in Bentonville
-Charles
on May 18, 2014 at 12:21 pm
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To whom it may concern
I changed my mind I am at Arkansas extended suburban motel in Bentonville 1 month holiday
sincerely
-Charles
on May 18, 2014 at 12:22 pm
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To whom it may concern
I changed my mind I am staying at Arkansas extended suburban motel in Bentonville 1 month holiday
sincerely
-Charles
on May 18, 2014 at 12:50 pm
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I know what’s going on now it’s better for me to stay in a motel I will have more privacy
I decided to forget about Michael Reed Brooks
I don’t know if they have a bad record but I was thinking that I was helping a family financially
-Charles
on August 17, 2016 at 8:37 am
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Sir, Should i answer yes to the ds 160 question ‘Have you ever been refused a US visa, been refused admission to the US, or withdrawn your application at the point of entry?’i was denied for tourist visa on 1999 and applying again next month,Does this question mean have i been refused,denied for a a visa during my interview before?
on August 17, 2016 at 6:11 pm
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Sir, Should i answer yes to the ds 160 question ‘Have you ever been refused a US visa, been refused admission to the US, or withdrawn your application at the point of entry?’i was denied for tourist visa on 1999 and applying again next month,Does this question mean have i been refused,denied for a a visa during my interview before?