1

In 2001 I attempted to re-enter the US after vacationing abroad. I had been working in the US and had forgotten that my H1-B was expired and in the process of being renewed. At the border, I was told that I couldn't re-enter the US and I signed a "withdrawal of application for admission" form. I was told by the immigration officers that this was an alternative to being deported which would not constitute a "refused admission".

Later I got my visa renewed and was able to re-enter the US. I am now a permanent resident.

What should I answer on official forms that ask "have you ever been refused entry to the US"?

1
  • 2
    I think this is okay as a "what does the law say" information question, and you absolutely should not act as though you're getting reliable legal advice.
    – user6726
    Dec 14 '17 at 0:54
-2

Yes, you have been refused entry. But you have not been "removed".

5
  • Can you give any references for this? In particular, it doesn't seem to make sense for someone to withdraw their application for admission if that application has already been considered and refused. Dec 14 '17 at 3:12
  • @NateEldredge: Here is an article that summarizes it: borderimmigrationlawyer.com/withdrawal-of-application-for
    – user102008
    Dec 14 '17 at 3:34
  • I didn't see where that article says that a withdrawal is considered "refused entry". In fact the word "refuse" doesn't appear in the article at all. Dec 14 '17 at 3:36
  • @NateEldredge: Allowing you to withdraw your application for admission is only something they do after they deny you entry, and is a benefit offered to you in their discretion to allow you to avoid removal. If there was no denial of entry, then there would be no point for this. This is all very obvious.
    – user102008
    Dec 14 '17 at 14:53
  • 2
    I'm afraid that it is not obvious to me, and I would be more convinced by a source than a logical argument. Dec 14 '17 at 15:01

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.