Q: is being denied at port of entry a form of immigration proceedings?
My friend came to visit the U.S and also came to get married, they denied him to enter the USA because he didn't have the proper visa to come get married in the US according to custom and border. He had an esta , The US custom and border assumed he had an intent to migrate. Now his fiancé wants to file an i130 after getting married. so was his situation an immigration proceedings?
A:
Being denied entry at a port of entry is not typically classified as a formal immigration proceeding. Instead, it's an enforcement action taken by U.S. Customs and Border Protection (CBP) based on the determination that a person may not be eligible to enter under their current visa status or visa waiver.
In your friend's case, the denial was likely due to CBP's belief that he intended to immigrate, which is not permitted under the Visa Waiver Program (VWP) facilitated by ESTA. The ESTA is designed for temporary visits like tourism or business, not for purposes like getting married with the intent to reside in the U.S.
If his fiancée wants to file an I-130 petition for him after getting married, this is a separate process and part of formal immigration proceedings. This petition is a step towards obtaining a marriage-based green card. It's important to understand that past denial of entry could be a factor in future immigration applications, so it's advisable to approach this with careful consideration and possibly seek legal guidance.
A: No, admission denial at a port of entry is not a formal immigration proceeding. However, this information will remain in his immigration file. So, he should be candid with US immigration when seeking any future immigration benefits. If your friend had a B1/B2 visitor visa but told the officer at the port of entry that he intended to get married while in the US, then that is evidence that he intends to immigrate (once married, he will remain and seek an adjustment of status). With a visitation visa, he can intend to visit only, and then return home. Immigration can perceive that he had the intent to immigrate when he applied for the visitation visa, which would mean he did so fraudulently. He should have a good explanation of why the mistake happened to show that it was not fraud, in the event he is later questioned in an interview about it. Keep in mind, if questioned, the question may likely be indirect. The appropriate visa to enter the USA for marriage is a fiancé visa, which his fiancé would submit. Alternatively, the couple can decide to get married in his home country and apply for the counselor process.
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