Impact of refused entry into the US

[bigbear631]

Hi I've sent my N400 application and indicated that 13 years ago I was refused entry into the US. This was when I was waiting for my H1-B application and traveling in and out of the US on the visa waiver program. They detained me at the airport , finger printed me and returned me back to my country of origin. The reason was that the visa waiver was not the appropriate visa for entry into the US. I was later approved for my H1B but decided not to pursue it. No documents were given to me of the detention.

I indicated that I was once detained and refused entry in the N400 application. I got my finger printing done and am scheduled for the interview. I got another letter informing that I indicated on the application that I was arrested (not exactly) and to provide certified documentation from the relevant agency (in this case the former INS) of the arrest. My question is

1. I have absolutely no documentation of the detention , should I go empty handed or should I try to write to the USICS ?
2. Is this something I should be worried about during the Interview ? Is there anything I should not voluntarily disclose ?
3. Do I need a lawyer ?

Thank you !!

BB

 

[Bobsmyth]

Is the letter you received yellow? If so, it's a generic reference as to what documents to bring.

At time you were refused, were you purposely trying to get in the US knowing that the visa you had was not the right one? Also, were you temporarily banned from future entry into the US as a result of it?

 

[bigbear631]

I wasn't aware that I could not use the visa waiver to re-enter the country esp. since I had used it succesfully 3 months earlier. What I was doing was to leave and re-enter the US every 3 months while my H1-B application was pending. I was not banned from future entry just told I needed to get a visa.

Should I not worry about the documentation requested in the yellow letter ?

 

[Bobsmyth]

I wasn't aware that I could not use the visa waiver to re-enter the country esp. since I had used it succesfully 3 months earlier. What I was doing was to leave and re-enter the US every 3 months while my H1-B application was pending. I was not banned from future entry just told I needed to get a visa.

Should I not worry about the documentation requested in the yellow letter ?

It shouldn't be an issue as it was an innocent mistake vs trying to enter illegally. Just be ready to explain to IO at interview the details. No need to worry about documentation in your case since there is none available.

 

[WBH]

I wasn't aware that I could not use the visa waiver to re-enter the country esp. since I had used it succesfully 3 months earlier. What I was doing was to leave and re-enter the US every 3 months while my H1-B application was pending. I was not banned from future entry just told I needed to get a visa.

Should I not worry about the documentation requested in the yellow letter ?

No matter what these pre-GC issues were supposedly taken care of at the time you applied for your gren card so you should put these behind. So you should not
worry too much. So as long as you are confident that USCIS already considered these factors when they grant your permanent residency you should have confidence for
your citizenship application. Sure no one is 100% that something in the past is bever to come back but you can only find out waiting for USCIS to make a decison.

Yellow letter does not mean much. If you check that Yes box, you will get that letter. But the IO may not care. the IO most likely never see that yellow letter.

 

[DreamUSA]

it should not be a problem assuming you properly disclosed this incident/arrest in I-485 /prior immigration applications.

If you never disclosed in I-485 application , then you need to consult the attorney.

 

[WBH]

it should not be a problem assuming you properly disclosed this incident/arrest in I-485 /prior immigration applications.

If you never disclosed in I-485 application , then you need to consult the attorney.

Wordings are different between I-485 and N400. On I485 it is "Have you ever been arrested,cited, charged, indicted,convicted for violation of anmy law"
If detention at aprport is not the same as arrest, he can make an arugument if he did not disclose on I485

 

[bigbear631]

Thanks you everyone for your response. I got my GC via my spouse and I don't recall if I disclosed this detention to the lawyer. In anycase I'll fly solo with the IO and keep my fingers crossed that everything works out. Thank you !!

 

[DreamUSA]

Wordings are different between I-485 and N400. On I485 it is "Have you ever been arrested,cited, charged, indicted,convicted for violation of anmy law"
If detention at aprport is not the same as arrest, he can make an arugument if he did not disclose on I485

I doubt that that will fly. I would accept your argument if this was cited and ticketed for some administative offence. He was detained/arrested by USCIS and US Customs and Border Protection and refused to entry to the United states and effectively "deported" from US.. As the result, I think OP should have also checked "Yes" to question 8 in Part 3 of I-485: "Have you ever been deported from United States or removed from United States at government expense.....?"

http://www.uscis.gov/files/form/i-485.pdf

 

[Jackolantern]

I doubt that that will fly. I would accept your argument if this was cited and ticketed for some administative offence. He was detained/arrested by USCIS and US Customs and Border Protection and refused to entry to the United states and effectively "deported" from US.. As the result, I think OP should have also checked "Yes" to question 8 in Part 3 of I-485: "Have you ever been deported from United States or removed from United States at government expense.....?"

Being refused entry is not deportation. And there is the condition "at government expense" ... if he or the airline paid for his return flight, that's not at government expense.

 

[Jackolantern]

I wasn't aware that I could not use the visa waiver to re-enter the country esp. since I had used it succesfully 3 months earlier. What I was doing was to leave and re-enter the US every 3 months while my H1-B application was pending.

Did you use the visa waiver multiple times within a year to visit the US for 2-3 months at a time? If you stay in the US too much too often with the visa waiver program, one day they're going to stop you and tell you to get a long-term visa that is appropriate for your activities, whether it is work or studies, etc.

 

[DreamUSA]

Being refused entry is not deportation. And there is the condition "at government expense" ... if he or the airline paid for his return flight, that's not at government expense.

we do not know any of that plus OP does not have any documentation to support whether he was returned to home country at gov expense.....

 

[Jackolantern]

we do not know any of that plus OP does not have any documentation to support whether he was returned to home country at gov expense.....

But if he paid for it, he would know that he paid for it.

They already granted him the H1B and GC after that incident, while having the information available to them about that incident (USCIS has easy access to CBP records). At this stage, it will be on USCIS to prove that it was at government expense, not on him to prove otherwise.

This whole thread is much ado about nothing. The OP should go to the interview and stop worrying about this incident. At most, he can prepare a short written statement explaining what happened in case it becomes an issue in the interview, and be prepared to answer questions about it. They're not going to ask for a court disposition, as they know it was never given, and they have direct access to CBP records if they need it. This is not going to stop him from getting citizenship, period.

 

[DreamUSA]

But if he paid for it, he would know that he paid for it.

They already granted him the H1B and GC after that incident, while having the information available to them about that incident (USCIS has easy access to CBP records). At this stage, it will be on USCIS to prove that it was at government expense, not on him to prove otherwise.

This whole thread is much ado about nothing. The OP should go to the interview and stop worrying about this incident. At most, he can prepare a short written statement explaining what happened in case it becomes an issue in the interview, and be prepared to answer questions about it. They're not going to ask for a court disposition, as they know it was never given, and they have direct access to CBP records if they need it. This is not going to stop him from getting citizenship, period.

well... thes are all assumnptions. OP did not disclose the fact in I-485 application....and also not clear if OP disclosed the case in H1 petition/embassy visa applications. In theory, I agree with you that in the ideal world USCIS would know this.. However, USCIS knowing is not a good defence (if any) for non-disclosure. Also there could be glitches in the system...and the databases those days (10 years ago ..) could have been not 100% integrated ...( they are NOW) .

Plus OP does not have any documentation....to support any statement... May be, passport was stamped...Refusal to entry to US...i am just guessing...

OP (Individual Seeking immigtration benefits) has an affirmative obligation to disclose all facts required by the respective form when OP files documents with the agency. The fact that USCIS may know OR should have known this does not provide any relief to the applicant's faliure to disclose the relevant fact.

Best to seek an advice from a good attorney....

 

[bigbear631]

Did you use the visa waiver multiple times within a year to visit the US for 2-3 months at a time? If you stay in the US too much too often with the visa waiver program, one day they're going to stop you and tell you to get a long-term visa that is appropriate for your activities, whether it is work or studies, etc.

That is what the INS told me and I paid for the flight back. Lawyers were dealing with both the H1B and GC application and I can't remember if disclosed this to them and if they did anything with it.

 

[Jackolantern]

That is what the INS told me and I paid for the flight back. Lawyers were dealing with both the H1B and GC application and I can't remember if disclosed this to them and if they did anything with it.

It wasn't a deportation and it wasn't at government expense, so you didn't have to disclose it on the GC application. Don't know what was asked on the H1B application though.

 

[howlongmore]

That is what the INS told me and I paid for the flight back. Lawyers were dealing with both the H1B and GC application and I can't remember if disclosed this to them and if they did anything with it.

I wouldn't worry too much about it. I think there's a rule that you cannot cumulatively use visa waiver for more than 6 months in a 12 month period. Sounds to me just like an honest mistake. The fact that you have been allowed in subsequently when all of us foreigners needed to be fingerprinted at the border patrol tells you that the incident does not have long term effect. If the IO takes a common sense approach to this, you should be fine.

 

[DreamUSA]

That is what the INS told me and I paid for the flight back. Lawyers were dealing with both the H1B and GC application and I can't remember if disclosed this to them and if they did anything with it.

You may want to find out....unless you plan to bring the same lawyers to the interview. If I were you and the incident was disclosed by the lawyers, i would ask them to give you a copy of the prior disclosure (I-485, H1, etc) ....You should remember, however, if you disclosed the incident for Visa stamp application with Embassy or State Department (usually, that question was asked... (question 38)

https://evisaforms.state.gov/ds156.asp

Have you ever been refused admission to the U.S., or been the subject of a deportation hearing or sought to obtain or assist others to obtain a visa, entry into the U.S., or any other U.S. immigration benefit by fraud or willful misrepresentation or other unlawful means? Have you attended a U.S. public elementary school on student (F) status or a public secondary school after November 30, 1996 without reimbursing the school?

Please keep in mind that those were your applications ...lawyer's preparation of application does not change the fact pattern or your eligiblity...

 

[König]

The OP was probably proposed at the border to voluntarily withdraw his admission application which he did. This does not have any negative effect on the future immigration benefits and does not result in any ban. That is my speculation, but that is what happens most of the time when someone is refused entry. In this case he had to answer "no" to question 8 in Part 3 of I-485.

 

[bigbear631]

Thank you

Thank you everyone for your advise and support. Today was my interview and I explained the circumstances of the refused entry. She told me that this did not constitute an arrest or detention. She did not seem to have any record of it but I can't be sure. She ammended my application and approved it. My Oath ceremony is scheduled for tomorrow !