Legal Question in Immigration Law in Kansas

Denied entry to US-Immigrant intent

Prior to our marriage my husband phoned the INS and was told that i could enter the US on my tourist visa and Adjust Status. We married in my country. I was denied entry and withdrew my application to enter, notation in my passport 7 (a) (i). No mention of (a)(6). I was not in possesion of correct documents and had immigrant intent.However when the Immigration Officer asked me if i was married, i said no-due to the fact that we had not yet received our unabridged marriage certificate, which we needed for me to adjust status.(i presumed that they would want the documents when i entered the US, and was scared that i would be returned if i did not have the unabridged marriage certificate.) Our I129F and I130 petition has since been approved and i will be going for my visa interview at the consulate soon. On the DS230 under 30 (f) ''...who seeks or who has sought a visa, entry into the US, or any immigration benefit by fraud of misrepresentation....'' would i have to answer yes to this-as we originally received the incorrect information from INS? If so what are the chances of visa being issued without waiver application being made? I did not receive any documents from CBP. Advice greatly appreciated.


Asked on 5/12/07, 10:16 am

2 Answers from Attorneys
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: Denied entry to US-Immigrant intent

Your question is a bit unclear.

First of all, if you were married in your home country, why did you not apply for a K-3 Spousal Visa? Why would you apply for a B-1/B-2 Tourist Visa when you are married to a US Citizen? If you honestly believed that you were not legally married yet, then you should explain that to the USCIS or the US Embassy in an Appeal or a Motion to Reopen.

Please contact us if you require any additional assistance.

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Answered on 5/12/07, 11:20 am
Regina Mullen Legal Data Services, PLC

Re: Denied entry to US-Immigrant intent

Consult a knowledgeable immigration lawyer. You have to unravel the mess before getting in deeper.

You've made far too many assumptions, which don't make much sense, since this is such as serious issue.

Adjusting status on a marriage visa is definitely NOT automatic if you come in on a tourist visa,--there's a lot of information on the web about this, so there's not much excuse for not doing it by the book.

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Answered on 5/12/07, 2:52 pm


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