Deported / inadmissible from USA , can he go to other counrty ?
Replies: 10 - Last Post: Apr 3, 2012 5:31 AM Last Post By: Altahabana
Mar 31, 2012 9:13 PM
Deported / inadmissible from USA , can he go to other counrty ?one of my friends was deported / inadmissible on student visa F1 from USA 2yrs back .can he apply for Mexican any visa ? unfortunately , he was deported at port of entry ( not jailed , put on the next flight immediately and told do not enter within 5 years.) and as no criminal background & records till now any where . the reason was he is poor in English and going to friend other state since his university was in other state in USA . Do they share records with other countries , or will his visa cancellation just be on record in USA at port of entry ? please guide on this .
Apr 1, 2012 1:04 AM
1let us know. In theory Mexico is sovereign and independent of US. However, with Homeland Security coercion on border countries one never knows what information they are sharing and acting on.....
Apr 1, 2012 4:19 AM
2It sounds like your friend was denied admission to the US, not deported. I suppose it would depend on why he was denied admission, but I doubt this is information that is going to be SHARED with other countries.
It is very unusual for a visa holder to be denied admission to the US. I sense there are some missing pieces of this story
Apr 1, 2012 7:36 AM
3Your friend will not be allowed to transit the US unless he has a US visa.
That may make traveling to Mexico diffiult or expensive if he has to avoid flights that transit US airports.
Apr 1, 2012 7:51 AM
4Students are refused admission to the U.S. all the time (usually on the grounds that they don't have sufficient "roots" in their home country) but I can't see any reason why he would be refused admission to Mexico. But if in doubt......why not contact your nearest Mexican consulate?
Apr 1, 2012 9:27 AM
5According to the OP his friend already had an F-1 visa. That involves a formal application with proof of student status, acceptance to an approved academic program, proof of financial support and all other traditional non-immigrant visa requirements such as the one you cited. He would have been personally interviewed at the embassy/consulate in his home country and would have been issued a visa after approval.
I will repeat what I wrote--- it is very unusual for a non-immigrant visa holder, particularly if it is not a B-1/2 visa, to be denied admission to the US. They are not denied admission "all the time" and certainly not on the ground you cited. Insufficient ties to the home country is almost always sorted out at the interview stage before the visa is approved and would have been a ground for denial of the visa, not denial of admission after the visa was already issued.
I agree that it he would probably not have problems entering Mexico just because he was denied admission to the US. That assumes as the other response pointed out, he can get to Mexico without having to transit the US.
Apr 1, 2012 12:45 PM
6Tell your friend that he is risking his life if he has the urge to sneak across the border from Mexico...
Apr 1, 2012 5:20 PM
7It is very unusual for a person to receive a non-immigrant visa, other than perhaps a standard B-1/2, and then be denied admission upon presentation at a port of entry. I can't imagine a CBP officer making a discretionary call with such profound consequences for the F-1 student visa holder absent extraordinary circumstances. That is why I think there is something missing from the story and that something could impact his entry into Mexico.
Apr 1, 2012 5:55 PM
Apr 2, 2012 10:50 PM
9thanks for comments and let's him guide can apply for a visa to other countries ? If it was a deportation , then
why not been arrested in US before sending home country . similarly in home country he was not arrested . in case its inadmissible / removed / visa cancelled under he will meet the sections .
Edited by: gsbnlg
Apr 3, 2012 5:31 AM
10A non-citizen with a visa who is denied admission to the US at a port of entry may be detained until return travel arrangements can be made, but they are not usually placed in formal detention pending removal. The decision whether to formally arrest or detain is based on the reason entry is being denied.
Re-reading what you originally wrote, it sounds like your friend told the CBP officer that he was travelling to one place and the school he was going to attend was located in a different area. Whatever he did or said, the CBP officer doubted that your friend was entering the US to attend school and believed he was entering for some other reason.
The CBP has considerable discretion when making entry decisions. There is an process for protesting a decision to deny entry, but since two years have passed it may not be available. This is the link to the Department of Homeland Security website that expalins the program.
DHS Trip Program
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From US$255.15 per night
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From US$179.00 per night