Would being denied entry be considered to fall under either Removed or Deported on the US visa application?
Specifically on the DS160 application there is a question that asks "Have you ever been removed or deported from any country?"
If someone was denied entry to some other country at a port of entry, would that fall under either term?
As much research that I've done into the definitions, the best resource that I could come up with was the answer to a related question here Difference between deportation and removal Which indicates that this case would fall under removal, but again this is under UK law. Alternatively, other sources suggests that being Denied Entry is a distinct category and the application itself seems to specify "Entry" as distinct in other sections.
I can't seem to find a clear answer from any source regarding this issue and I would greatly appreciate any help in resolving this issue.
I will note that, to err on the side of honesty, it's probably better to write this down anyway as it and let the consulate official come to their own decision.
Best Answer
It depends. I don't know the specifics of the country you were denied entry to, but for the US, if you are denied entry at a port of entry in the US (all US ports of entry are in the US except for preclearance at certain Canadian and foreign airports), the officer has the choice of allowing you with voluntarily depart or to remove you. If the officer allows you to voluntarily depart and you do so according to their terms, you are not considered to have been removed, but the officer does not have to allow you this option. Other countries may be different, and you would have to look at what the procedure was in the particular country in your particular case.
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Is denied entry the same as deported?
In either case, being denied entry into the United States at a port of entry is not the same as being deported. To be deported from the US, you would need to be allowed into the country first, and an Immigration Court judge would have to issue a removal order.What happens if you are denied entry to USA?
The United States is currently limiting nonessential travel. If you have been refused entry at the airport because you are visiting you may be required to return once the US re-opens its borders to visitors. If you were denied entry due to another reason not Coronavirus related, continue reading through this article!What does it mean to be denied admission to the United States?
Entering the US with a Criminal Record One of the most common reasons an individual may be denied entry to the U.S is due to \u201ccriminal inadmissibility\u201d. This is a category that covers a variety of situations. However, having a criminal record does not always mean a person will be considered inadmissible.Can you get a visa if you have been deported?
Someone who has been removed (deported) from the United States cannot apply for a new immigrant visa, nonimmigrant visa, adjustment of status, or other admission to the United States without facing certain legal restrictions.What’s FIVE EYES 👀 | Most Common Reason for Visa Denial | Deported or Denied Entry from US Airport
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Answer 2
Deportation means the removal of someone already having entered the country. If you're removed from port, it's just that, a removal.
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