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Is Border Detention/Removal Automatic Grounds for Denial? [We are pending Interview]

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  • Is Border Detention/Removal Automatic Grounds for Denial? [We are pending Interview]

    My wife is a Mexican citizen. We have applied for CR-1 visa and now have an appointment letter to appear Ciudad Juarez in 6 weeks.

    About 16 years ago, she was stopped at the border when trying to enter the US using a **** driver license. She was detained for several hours, then appeared before a judge with several other people, was ordered removed, and sent back across the border.

    We have submitted 3 FOIA requests to the Border Patrol, asking for a copy of her record, and they say they can't find any record of that encounter.

    From our initial application and forward we have included this information in our submittals, including the copies of the FOIA requests and results.

    We understand that this can be grounds for denial, but want to know if anyone has had experience with this type of situation and if it is an automatic denial or at the discretion of the interviewing officer.

  • #2
    My situation is similar to yours. I requested a FOIA via my lawyer who has not being able to obtain anything on my border patrol, deportation, etc records.
    They also say that they are not releasing anything but not admitting that they can't find any documentation pertaining to my case.

    My lawyer hasn't had any FOIA issues like mine and will re-submit a second time

    I haven't been lucky enough to have an appointment at the consulate yet but I assume I'll have the same issue.

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