Denied entry - need advice urgently

S

S.Evs

Registered Users (C)
Denied entry and new B2 Visa


Hello everyone,

I'm hoping to get some good advice on my case. I am 21 year old female Dutch citizen, living in the Netherlands. I usually travel under the Visa Waiver Programme and it has never given me trouble before. In 2007, I did an intership in Florida under a J1 visa. No troubles either.

In January 2009 I applied for a visa to stay for 6 months. I was sent back home with the request to provide more information, like bank statements and my current enrollment letter of college. I was also given a letter saying what I needed to bring with a quote on the bottom saying: "If you fail to take action within one year of the ... decision, your application will expire".

My situation changed and I decided to just go for 3 months to see my friends. I did not return to the Embassy because I figured my application would just expire and I can travel under the VWP. Nor did the embassy contact me about anything not matching up on my record or what might have been wrong. No warning not to travel.

On April 19th 2009, I flew to Orlando, FL on my Visa Waiver Programme to stay for 3 months, the allowed time for the VWP. Everything seemed to be fine talking to the first POE officer, until he put my passport aside and told me I needed to go through secondary screening.

At first, one of the officers looked at my passport and asked me: "How did you ever get into the US before? Is this even you?" After this, they told me that I was denied a visa before and repeatedly asked me why I filled out "No" on my I94 question 'ever been denied a visa?'. I told them I was not aware of being denied because they told me to come back, that's why I didn't say yes. I had no clue.

After being interrogated and treated disrespectfully, comments made and questions asked which had nothing to do with my case, I had to go back home. First after a couple of questions they said I was denied, and then followed the useless questions and comments. I was put back on the plane home, allowed to call my friend whom I was visiting only for 2 minutes. My parents had no idea where I was and were needless to say very concerned.

Now, I have spend a lot of money on my ticket traveling there which was a waste. I was told I could come back but I had to get a visa. So that is exactly what I did.

I went to the Embassy and I was told that in the system at the POE I was denied, without any explanation. Therefore they could not have known whether I was denied because I was an intending immigrant, or simply because I needed to provide more information. The latter means that I was technically NOT denied, correct? So the officer asked me a couple of questions which I answered, and told me he issued my visa and I would receive it in a couple of days. NO questions about my paperwork, he didn't need to see a thing. No bank statements, nothing. I was issued a 10!! year B1/B2 visa. 10 years, without questions, not 1 year/2/3/5, 10 years, I think it's weird. And my previous visa of my internship was expired (which caused no problems before anyways) and stamped: "Cancelled without prejudice".

Now my questions:

- I am traveling to Orlando again on June 2 2009, for 2.5 months until I go back to college. What can I expect at POE? Will I be denied entry again, will they have any reason for this or should I not be concerned?

- I was not treated properly and honestly, I'm traumatized by it and already scared of what to come. Is it likely that I will get a secondary screening again?

- I spent a lot of money on my ticket. I want to claim someone for my losses because I feel that technically I was not denied and even if I were, I had no knowledge on this.

I feel like there was a mistake between the embassy and the system at the POE. Who should I claim for this and who's mistake is it? And also, claim for the way they treated me at POE. Who do I go about this, who is to blame if I can?

- Are there any immigration lawyers amongst you? Should I pass this case on to a lawyer or what should I do?

I appreciate all the advice and insights given,

Thank you in advance.
 
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Ah, jammer S.Evs. These things happen though. Did you ask the US consulate in Amsterdam as to who you can complain to, and if you can get your money back from the State Department in some way? Did you have travel insurance? That may cover the cost of the ticket. I don't know if you have other options, because, unfortunately, IOs are have the authority to deny you entry into the US if they have suspicions. But, I don't think you'll have a problem at the POE next time, apart form being asked a TONNE of questions. Succes met je aankomende reis.
 
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You're acting like you did nothing wrong! You "assumed" something, and that is your problem. In America they have a saying, when you "assume" something, you risk making a "*** of u and me."

No one is going to give you money back for a ticket, contact a lawyer if you want, but after he charges you $300.00 a page to write some *explicit* letter or two hundred dollars a hour to conduct research or make telephones call, any gain you might have made will be wiped out in attorney fees.
 
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dafortycal said:
You're acting like you did nothing wrong! You "assumed" something, and that is your problem. In America they have a saying, when you "assume" something, you risk making a "*** of u and me."

No one is going to give you money back for a ticket, contact a lawyer if you want, but after he charges you $300.00 a page to write some bullshit letter or two hundred dollars a hour to conduct research or make telephones call, any gain you might have made will be wiped out in attorney fees.
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Chill!
 
dafortycal said:
You're acting like you did nothing wrong! You "assumed" something, and that is your problem. In America they have a saying, when you "assume" something, you risk making a "*** of u and me."

No one is going to give you money back for a ticket, contact a lawyer if you want, but after he charges you $300.00 a page to write some bullshit letter or two hundred dollars a hour to conduct research or make telephones call, any gain you might have made will be wiped out in attorney fees.
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I am here looking for some advice, not for you to be an ***hole to me, thanks. It was already a very traumatizing experience.

I received a letter that my application will expire if not taken action. There was no additional information in their system, nothing, my application was not denied, even verified by the Consular Officer. So how is that assuming?

I'm not sure if you are American or not, but apparently CBP officials need to treat people as if they are not human at all, make comments that are not acceptable and make you cry. Why is that? I have traveled quite a bit and never have I met such nasty officers as I did in America. Now, to make sure this doesn't happen to anyone else, I would like to put a claim on them so people learn how to communicate with others respectfully.

If they had informed me to tell me I was denied a visa which I wasn't, I would have never made a 14 hour trip as I am not the type of person to break the law.

Now, if someone has been through a similar experience or has some useful advice (thanks to people who already responded), I would really appreciate it.
 
Please maintain forum decorum

dafortycal,
The language of your post is unacceptable.
Please be careful in future.
Thanks




dafortycal said:
You're acting like you did nothing wrong! You "assumed" something, and that is your problem. In America they have a saying, when you "assume" something, you risk making a "*** of u and me."

No one is going to give you money back for a ticket, contact a lawyer if you want, but after he charges you $300.00 a page to write some bullshit letter or two hundred dollars a hour to conduct research or make telephones call, any gain you might have made will be wiped out in attorney fees.
Click to expand...
 
dafortycal said:
You're acting like you did nothing wrong! You "assumed" something, and that is your problem. In America they have a saying, when you "assume" something, you risk making a "*** of u and me."

No one is going to give you money back for a ticket, contact a lawyer if you want, but after he charges you $300.00 a page to write some *explicit* letter or two hundred dollars a hour to conduct research or make telephones call, any gain you might have made will be wiped out in attorney fees.
Click to expand...

Please refrain from this type of posting. Poster was here for advice not criticism nor to be judged.
 
Daforty, at the top of the page it states:

NOTE: Please do not post any negative comments or remarks about any person or organization.

People are here to ask advice. In your case you were implying as you said that the OP is a drama queen. This in itself is considered a 'negative comment'. You also used an explicit term which I edited. Keep it civil please.
 
Thank you, Moderator. It's just sad that I'm looking for some kind of advice but my topic gets kind of ruined. Just looking for some kind of solution, guys.
 
Life doesn't always have a solution. You asked for advice, and I gave it to you. The U.S Government isn't going to give you one dollar or one Euro. As a former U.S Immigration Officer, i can tell you that the government always wins, and they rarely admit their mistakes, and if they did, somehow 51% of the problem was your fault.
 
I am sorry to hear about your experience S.Evs. Most of the IOs are polite and courteous some however are not. I have met both kinds during my stay in the US.

Having a visa gives you much better chance at the airport. That means your case was reviewed at the consular office and you have been found to meet criteria for a temporary entry to the US.

Nevertheless, having a visa stamp in your passport is not a 100% guarantee of admission, so try to collect as much information/documentation as possible about your denial at POE. Did you withdraw your application for entry? Do you have a copy of the form you signed?

I am not a lawyer - just trying to help.
 
I'm a relatively new member on the board and can tell from some of the posts I read this user "dafortycal" has some serious, unresolved issues. His behavior pattern is almost the same in every forum. I think the guy has some deeply rooted isuses. That being said ... the OP, I have to say that you share some blame in this matter bec you failed to do your homework. You started a process, then abadon it and sought new means to that end. It's extremely unlikely, damn near impossible, that you would be given any refund from the part of the US Gov't. After all, one of the rights of the POE officers is the right to refuse/deny entry to anyone they deem suspicious for whatever reason.

Now, will you be denied entry again?
No one can say for sure. Chances are you will not, however, do expect to show some documentation or other materials related to your initial denial. Again, as already noted, the POE officers do have the right to deny you entry, however, this is not likely in your case.
 
So_Special said:
I'm a relatively new member on the board and can tell from some of the posts I read this user "dafortycal" has some serious, unresolved issues. His behavior pattern is almost the same in every forum. I think the guy has some deeply rooted isuses. That being said ... the OP, I have to say that you share some blame in this matter bec you failed to do your homework. You started a process, then abadon it and sought new means to that end. It's extremely unlikely, damn near impossible, that you would be given any refund from the part of the US Gov't. After all, one of the rights of the POE officers is the right to refuse/deny entry to anyone they deem suspicious for whatever reason.

Now, will you be denied entry again?
No one can say for sure. Chances are you will not, however, do expect to show some documentation or other materials related to your initial denial. Again, as already noted, the POE officers do have the right to deny you entry, however, this is not likely in your case.
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Thank you, So Special. I do realize that POE officers always have the last say over refusal or denial of entry, that's just the way it is. But what when you honestly felt like something went wrong with the application?

When I went back to the Embassy to tell them what happened, they asked me a couple of questions, told me it was stated that I was denied but the request of the paperwork was not put in. Therefore it was thought that I was seeking a way to stay in the US, while I was not. I even asked the officer, should I fill out on the I94 that I was denied a visa? And he said, no. I think something went wrong there, documented that I was denied, but I wasn't.

Anyways, he gave me a 10 year B2 visa without having seen any of my paperwork. It only took 5 minutes.

Now, I haven't received any paperwork of my denial. Nothing was given me when I left the US, only this envelope with "Refused", no forms whatsoever. What forms do I need to bring aside from my bank statements and such (in case they ask)?

Thank you again :)
 
Dafortycal, I and dont think anyone else here is implying you are a bad person. You just have a very negative and demeaning attitude. People come to the site because things aren't going well or they have questions and are already all antsied up. No point making them feel worse and/or calling them names (I'm referring to another thread with the chinese lady being deported, you called her a whore).

In any event, S.Evs, there's no way to confirm that the two systems used by the two agencies talk to each efficiently. If you know how gov't computers work, you know agencies dont share information well with each other. This is to say, just because you are told there is no info about your denial at the Embassy doesnt mean you should act based on what that. When you get to your POE, rest assured, with 99.9% accuracy, that your prior "denied/refused entry" details will be there in full glory. So, when you complete your I-94, you MUST answer YES to "Have you previously been denied entry to the US? (however the question is phrase). You know for a fact that you were. Simply because you were told there was no papertrail means nothing.

If you don't answer that question accurately and honestly then you risk being sent back again and your visa revoked.
 
Again, thank you very much.

The question "Have you ever been denied entry to the US?" is to be answered with yes, because I was.

But what about the question: "Have you ever been denied a visa?" The consular officer doubtingly said no, but in the systems at POE it said that I was, but technically I was not, if you know what I mean. So if I answer "No", and they say this: "well here in the system it said YES" and I try to explain myself (not technically denied, had to come back, show them the paper that said my application will expire if I don't take action, come back any time, you're not denied) and what the embassy told me (put "no" on that question), it will get confusing again. But when I say "Yes, been denied a visa" while I was technically not, what then?
 
Ok, the layperson advice I can offer you is to do the following: leave that question blank and when the POE officer reviews your I-94 and asked about it then you explain the situation and allow him/her to determine how it should be completed. Some officers will have no problem with that. This way it wont appear you tried anything "funny".

The other thing I see is that your abandonment of the original application could have amounted to a denial as far as POE computers are concerned. What do you think about that suggestion?
 
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