Inadmissible on ESTA

[mikeil75]

A friend coming to the USA was refused admission based on INA Section 212(a)(7)((A)(i)(I)
She was caught lying after finding a birth certificate, divorce decree, and text messages that showed the intent was wrong.

• What are the options?
• Can she enter again with K1 Visa?
• What are the chances of its being declined?

[newacct]

That just means she was denied entry that time for failure to overcome the presumption of immigrant intent (which is a generic reason to deny nonimmigrants). It doesn't tell us whether she has any bans, e.g. a ban for fraud or material misrepresentation. If she has a ban then she would need a waiver to get an immigrant visa or K1 visa. An immigrant visa or K1 visa won't be denied for immigrant intent, so it's only bans that she would have to worry about if she is applying for those. But based on what you've said, we can't determine whether she has a ban.

[mikeil75]

I agree with you. Thank you for your reply. But, in the paperwork that they gave her and the notes that they took says she lied to immigration and has proof that she was attempting to come to stay vs to visit.

Question is: Can she be denied rejected of Visa after she a US Citizen files for Fiance or Marriage Visa?

[newacct]

I agree with you. Thank you for your reply. But, in the paperwork that they gave her and the notes that they took says she lied to immigration and has proof that she was attempting to come to stay vs to visit.

Question is: Can she be denied rejected of Visa after she a US Citizen files for Fiance or Marriage Visa?

If they decide that she has the ban for fraud or material misrepresentation, she will be denied an immigrant or fiance visa. In that case, she would need to apply for a waiver, based on "extreme hardship" to her US citizen spouse/fiance.

If they decide that she does not have the ban for fraud or material misrepresentation or any other bans, and they think her marriage is genuine, she shouldn't be denied an immigrant or fiance visa.