Refusal with visa question

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Gerry - 30 Jan 2009 01:33 GMT

Hi all
This is slightly off topic, and my apologies in advance, but has
anyone any info on what the procedure is if I`m refused entry to the usa
even though I have a valid visa which I`ve used many times in the past? Am
I prevented from ever entering the USA again? or do I need to re-apply for a
new visa?
Thanks in anticipation
Gerry

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Joe Feise (Immigration) - 30 Jan 2009 04:20 GMT

Gerry wrote on 01/29/09 17:33:

> Hi all
> This is slightly off topic, and my apologies in advance, but has
> anyone any info on what the procedure is if I`m refused entry to the usa
> even though I have a valid visa which I`ve used many times in the past? Am
> I prevented from ever entering the USA again? or do I need to re-apply for a
> new visa?

That depends. They can deny admission, or they can ask the person to withdraw
the application for admission.
A denial of entry has to be reported on later visa applications, whereas a
withdrawal of the application for admission means that the person technically
wasn't denied entry, since the person didn't apply for entry, so that doesn't
have to be listed on visa applications.
If they revoke the visa also depends on the reasons for a denial of entry. If it
is serious, e.g., a misrepresentation, they will probably revoke the visa. In
such a case there may also be a ban on entry, from a couple years to a lifelong ban.
So, if you have a high risk, you should consult with a lawyer before trying to
enter.

-Joe

Signature

I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

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Gerry - 30 Jan 2009 05:31 GMT

> Gerry wrote on 01/29/09 17:33:
>
[quoted text clipped - 27 lines]
>
> -Joe

Thanks, although the withdrawal option seems a bit weird. I`d have thought
that the fact I`d travelled across an ocean and was at a USA airport rather
implied I was applying to enter...but I guess they have their own reasons
for such rules :) The reason I posted the question was because when I
visited the USA at Christmas I was given quite a grilling, the main focus
being about why I needed a visa in the first place. I`d been asked the
question before, on previous visits, but never in a way that suggested it
might be an issue but this time I was taken to some sort of waiting room and
was then called to explain (for the second time) why I needed the visa
because I was from a visa waiver country (UK) My explanation was accepted,
and I was allowed to enter, but it`s not a pleasant experience, standing
there with your whole vacation in the balance.
Gerry

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Joe Feise (Immigration) - 30 Jan 2009 07:17 GMT

Gerry wrote on 01/29/09 21:31:

>> Gerry wrote on 01/29/09 17:33:
>>
[quoted text clipped - 32 lines]
> implied I was applying to enter...but I guess they have their own reasons
> for such rules :)

Well, having been denied entry is much more serious, so if they offer you a
chance to withdraw the application for admission, it is usually a good thing.
It of course also is less work for them ;-)
When a person is denied entry, the person can ask for a hearing in front of an
immigration judge (unless the person uses a visa waiver, which explicitly waives
the right to a hearing.) That would probably mean a night in a deportation cell,
though, which, from what I've read, isn't an overly pleasant experience...

> The reason I posted the question was because when I
> visited the USA at Christmas I was given quite a grilling, the main focus
> being about why I needed a visa in the first place. I`d been asked the
> question before, on previous visits, but never in a way that suggested it
> might be an issue but this time I was taken to some sort of waiting room

That's secondary inspection. Everything they can't resolve quickly at the main
inspection point they move to secondary, so that the lines at the main
inspection don't get too long.

> and
> was then called to explain (for the second time) why I needed the visa
> because I was from a visa waiver country (UK) My explanation was accepted,
> and I was allowed to enter, but it`s not a pleasant experience, standing
> there with your whole vacation in the balance.

Of course, being from a visa waiver country and using a visitor visa will always
raise questions, since there are only a few reasons for somebody from a visa
waiver country needing a visa. One of these reasons is an earlier overstay on
the visa waiver. And that in turn raises red flags. They would suspect that a
person who overstayed before will do so again.
One would expect that they enter a note in their system, but that's probably
asking too much...
In any case, if they let you in until now, you probably will get in in the
future as well. But you should always add additional time for connecting flights.

-Joe

Signature

I am not a lawyer.
For reliable advice, consult a competent immigration attorney.

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Gerry - 30 Jan 2009 15:12 GMT

> Gerry wrote on 01/29/09 21:31:
>
[quoted text clipped - 90 lines]
>
> -Joe

Thanks Joe
Thankfully, I`ve never overstayed, or did anything which
would cause suspicion, so here`s hoping that I`m not now "flagged" in some
way for special treatment in future. The main reason I needed a visa in the
first place (five years ago) was that the immigration officer decided that I
didn`t have enough money to finance my stay. I`ve since been to the USA and
back again at least half a dozen times, so hopefully that in itself might go
some way towards providing evidence of my intention to return back home. I
agree with you about the advisability of having a person`s visa details on
the system, it would certainly save time and trouble, but the young lady
whom I first approached at immigration seemed to have trouble grasping the
fact that once a visa is needed, it`s ALWAYS needed when entering, and she
brought over her superior who asked some questions, then I was taken to the
secondary inspection. The secondary inspection was actually a lot less
stressful than the original one, so maybe they have access to a deeper level
of info than the people I spoke to in the first instance. One thing which
stuck me though, was that when I was talking to the secondary inspection
officers, they seemed surprised to learn that getting a visa takes quite a
while and requires a lot of paperwork. I suppose I could take along the
paperwork which I supplied to the US embassy all those years ago, but a lot
of the info from then is out of date now, after all, circumstances can
change over the years, although in my case at least, the basics remain the
same. Thank you for your time and trouble, you`ve been a great help.
Gerry

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Immigration Forum / USA Marriage Base / January 2009

Refusal with visa question