# removed, deported, asked to leave.. confused?



## theunderdog (Nov 22, 2012)

Hi,

I have received an invite to apply for 189. While I was filling the form online I came across few questions I need clarification on..

1. Has any applicant ever left any country to avoid being removed or deported?
2. Has any applicant ever been excluded from or asked to leave any country (including Australia)?

Here is my story,

I had a B1 (Business Visa for the US) and visited the US couple of time for meetings and discussions. On my third trip the company sent me for work on the same VISA. The immigration asked me to get H1 B or L1 for work and asked me get back after I have the relevant VISA. So technically I was not inside the country, is this understanding correct? 

So I was wondering if I have to mark YES on any of the questions above.

Thanks.


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## AnneChristina (Sep 11, 2012)

theunderdog said:


> Hi,
> 
> I have received an invite to apply for 189. While I was filling the form online I came across few questions I need clarification on..
> 
> ...


Sorry, could you be a bit more clear about your case? Did you enter the US and were then not permitted to work, or were you denied entry into the US at the border? Sorry, don't quite understand what happened there.


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## theunderdog (Nov 22, 2012)

AnneChristina said:


> Sorry, could you be a bit more clear about your case? Did you enter the US and were then not permitted to work, or were you denied entry into the US at the border? Sorry, don't quite understand what happened there.


Thanks for the response.

I have entered twice before on business third time around I was denied entry at the immigration(basically border I guess, after landing and before baggage collection.) coz the letter I carried from my company said "Work" so I had to turn around.

Hope it is clear now


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## Guest (Dec 22, 2012)

If you were denied entry at the border you were asked to leave. Not hard really. But unless it was deportation for serious visa breaches it won't be an issue.


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## rkarthik1986 (Dec 13, 2012)

_shel said:


> If you were denied entry at the border you were asked to leave. Not hard really. But unless it was deportation for serious visa breaches it won't be an issue.


I was once denied visa on arrival in Hong Kong. This was when I tried toenter from China by walk. Since I didn't get visa on arrival I had to come back. Is it necessary to mention it?


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## GrahamWeifang (Dec 14, 2012)

rkarthik1986 said:


> I was once denied visa on arrival in Hong Kong. This was when I tried to enter from China by walk. Since I didn't get visa on arrival I had to come back. Is it necessary to mention it?


.
I don't think I would mention that.
They simply turned you around, and you walked back the way you came.
I wouldn't think there is any record of you attempting entry.
May be wrong though.

Gra.


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## rkarthik1986 (Dec 13, 2012)

GrahamWeifang said:


> .
> I don't think I would mention that.
> They simply turned you around, and you walked back the way you came.
> I wouldn't think there is any record of you attempting entry.
> ...


But when I left China side they marked in my passport as I left. And then when I couldn't get visa, they cancelled that exit. But in Hong Kong they kept an interview before denying visa, and I had to sign saying I was denied visa. Is it OK?


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## GrahamWeifang (Dec 14, 2012)

rkarthik1986 said:


> But when I left China side they marked in my passport as I left. And then when I couldn't get visa, they cancelled that exit. But in Hong Kong they kept an interview before denying visa, and I had to sign saying I was denied visa. Is it OK?


.
No, it's more serious than first mentioned.
I think you should mention it now.

As a note, myself and my then girlfriend (now wife) were departing Beijing for a European holiday.

All easily through depart immigration, as normal.
But we got denied boarding, as we had too much "carry on" luggage,
The airline asked us if we were prepared to leave a suitcase at the gate, then we could board. Ie, throw a suitcase away. Which we would not do.
We were lead back to departure immigration, who also cancelled our departure stamp.
We shipped the suitcase, and flew the following day.

In your case, as there was notes and records made, you should mention it on your respective documents.

Gra.


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## Minhas (Nov 5, 2012)

I had a similar situation and would appreciate any expert's opinion on it.

I bought a ticket from London to Northern Ireland. Without my knowledge, the ticket issuer issued me a ticket with a route via Republic of Ireland. My route was as follows:

London to Holyhead via Train> Holyhead to Dublin port by ferry> Dublin Port to Belfast by Train

I was intercepted by immigration officer at Dublin port who told me that I could not go ahead without a visa and will have to go back. He stamped my passport with a cross on the stamp, which I think indicates that entry is denied, and issued me a letter that I have not been allowed to enter because I did not have the visa.

My question is that, do I need to mention this? Also, would it create any problem for me in getting a visa to Australia?


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## rkarthik1986 (Dec 13, 2012)

I have already submitted my application, but I did not mention it. What should I do now? Should I wait for the CO to be allotted and then ask him? Or is there something else that I should do?


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## AnneChristina (Sep 11, 2012)

_shel said:


> If you were denied entry at the border you were asked to leave. Not hard really. But unless it was deportation for serious visa breaches it won't be an issue.


Hey Shel, are you sure about this? I mean an airport is usually considered International zone until you pass the border protection. So if you are denied entry at the border you actually never stepped foot on the country and technically have not been asked to LEAVE the country.

In form 80 there are 5 questions: 
Have you ever:
1. been removed or deported from any country (including Australia)?
2. left any country to avoid being removed or deported (including Australia)?
3. been refused a visa for Australia or any other country?
4. been excluded from or asked to leave any country (including Australia)?
5. been denied or refused a visa or entry to another country?

This shows that there is a differentiation between
a) being refused the visa (Q3 & Q5), 
b) staying illegally in a country (Q 1, Q2, and Q4), and 
c) being denied entry at the border (Q5).

So for theunderdog, I think in the visa application he can safely answer “no” to the questions “Has any applicant ever been removed or deported from any country (including Australia)?”, “Has any applicant ever left any country to avoid being removed or deported?”, “Has any applicant ever been excluded from or asked to leave any country (including Australia)?”. However, in form 80 the last question should be answered with yes.

Obviously, I’m not sure about this; this is just my understanding of the situation.


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## theunderdog (Nov 22, 2012)

AnneChristina said:


> Hey Shel, are you sure about this? I mean an airport is usually considered International zone until you pass the border protection. So if you are denied entry at the border you actually never stepped foot on the country and technically have not been asked to LEAVE the country.
> 
> In form 80 there are 5 questions:
> Have you ever:
> ...


Merry Christmas to all!

Yes Anne, That is what I though, technically I am still at the border/international space. Thanks for the info.


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## theunderdog (Nov 22, 2012)

At the same time I would like to mention that in this process of turning around the authorities cancelled my B1 visa and asked me to apply for a H1 B or L1 and return, just wanted to mention this. I dont think this would change the scenario in anyway???

Thanks,
TheUnderDog


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## AnneChristina (Sep 11, 2012)

theunderdog said:


> Merry Christmas to all!
> 
> Yes Anne, That is what I though, technically I am still at the border/international space. Thanks for the info.


Merry Christmas to you too 

I agree; this shouldn't change the situation.


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## theunderdog (Nov 22, 2012)

AnneChristina said:


> Merry Christmas to you too
> 
> I agree; this shouldn't change the situation.


Thanks! Would this denial of entry spoil my chances of getting a VISA in anyway? I was just a little concerned. I would appreciate your thoughts on this.


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## Guest (Dec 25, 2012)

Not in the slightest. The US authorities recognised you had the wrong visa when you didn't and sent you off telling you to apply. No problem at all, different from cases they are looking for.


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## tara.jatt (May 15, 2012)

Probably for Australia, it wont be a party spoiler. In case of any question/query, The thing to keep in mind is to show that company sent you on B1 and you were totally unaware of the fact that you can not work.

But for US this may be a matter of concern if/when you go for next stamping since your company was doing plain wrong in sending you to "work" on a B1 visa. Many Indian companies are on USCIS radar for doing this. 




theunderdog said:


> Thanks! Would this denial of entry spoil my chances of getting a VISA in anyway? I was just a little concerned. I would appreciate your thoughts on this.


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## theunderdog (Nov 22, 2012)

I was just having a look at Form 80,

Should I mark YES on
*"Q59 Have you ever had a visa refused or cancelled by, been refused entry 
to, or been deported from, any country?"*

Also my wife was not granted a B1 (tourist visa) when she wanted to visit her sister in the US, But there is no indication on the passport regarding that, should I mark that for my wife as well?


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## ozbound12 (Mar 23, 2012)

AnneChristina said:


> Hey Shel, are you sure about this? I mean an airport is usually considered International zone until you pass the border protection. So if you are denied entry at the border you actually never stepped foot on the country and technically have not been asked to LEAVE the country.


This is a common misconception. Once you step foot in an airport, you're subject to that country's laws even if you haven't yet cleared immigration. So if you land at LAX and you're making your way to the immigration counter, you're already in the US and it's up to you to prove that you are who you say you are and that you're legally allowed to be there. If you cannot do that, then those same laws give the immigration authorities the right to detain or remove you from the country.

Of course, if the reason you were turned away is because you had the wrong visa (and not because of criminal activity or some sort of subterfuge) then the Australian authorities are not going to be overly concerned about this. But it would be in your best interests to mention it nevertheless.


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## theunderdog (Nov 22, 2012)

Ok, now this has opened a can of worms!  I still feel its a NO for

1. Has any applicant ever left any country to avoid being removed or deported?
2. Has any applicant ever been excluded from or asked to leave any country (including Australia)?

And yes on Form 80 where it say refused entry or visa cancelled/denied.


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