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Doing business on B1/B2 visa and Denied Entry 7 years ago, now applying for K1 visa.

Fort Lauderdale, FL |

In 2001, I registered a company with a office and a company bank acct on a B1/B2 visa, I was Denied Entry after a 3 month and 6 month stay (not overstay) and after I told the officer at POE that I have a business but not working in the U.S. Now ( 7 years later) I am engaged to a US citizen, we just have a newborn baby. I am applying for K1 visa and was asked by Consul at the Consulate if I have done illegal business/ doing business illegally, and my K1 visa was temporarily denied before I can provide the consulate the Sworn Statement and form I-296 (Notice to Detain, deport, Remove or Present Aliens) that was taken when I was Denied Entry at POE in 2001. What's my chance of getting a K1 visa or any other kind of visa? Will I be denied?

Attorney Answers 1


First, it is absolutely essential that you be truthful and hones. When you were denied entry were you allowed to withdraw your application or were you subjected to expedited removal? The answer to this question is going to determine your fate. You need to get copies of all the documentation from the time you were denied entry and discuss your case with an immigration attorney. The consulate already knows what happened. They are just waiting to see if you are going to disclose it and if not charge you with being inadmissible for fraud. There are waivers availble to you but those are often difficult to obtain and time consuming.

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