How to intentionally get denied entry to the US, without getting into trouble?

Question

I have a multiple entry visitors visa for five years. I went to USA last year and lived there for one year with my husband (6 months entry and other 6 months of extension).

I left USA legally. Now my family wants me to go back and live with my stupid in-laws and husband in USA. I don't want to go but I have family issues and I have to go. Is there a way I can get deported from the airport?

How can I get denied at the airport from entering USA without getting in trouble? (My husband overstayed his visa and he's now an illegal immigrant there. The problem is, if I get an entry he'll make me overstay too and I don't want that)

I'm from Pakistan, and we have a Pakistani passport. I also have a Schengen visa and am currently a Spanish resident.

Answer 1

This question was shared on Hackernews and has a lot of comments and ideas over there that might be of interest to you as well.

Some of the major points raised there:

• do take into consideration how many people here are for you trying to get out of this situation BEFORE going to the US
• seek support. You've done the right thing reaching out online, now it's time to speak to a women's rights group, embassy, potentially even the police.
• if you do, write everything down first, to make sure you get the message across plainly. You'll likely be nervous and upset, and it'll help to have a prepared statement.

There are some other options like telling the border officer that you're likely to overstay, which will get you taken aside for further questioning, at which point you can explain your situation. But it would be better to find a solution BEFORE your flight.

Answer 2

One of your best chances if you're not too much in a hurry would be to go see a specialized association in Spain (maybe a feminist association?).

These people would then have access to bigger means (embassy for example?) that could help you. These people can act with discretion.

As suggested by others, the idea to be denied the entrance is tricky and may not work or have unexpected results.

The association "Coordinadora Feminista" seems to deal with both women's rights and immigration. You may want to send them an email describing your situation (don't use your usual email address so they can't get back to you if you don't want to).

Answer 3

Getting stopped at the border is a bad idea. But if you do something "stupid", you can probably persuade the US Embassy to revoke your visa, all while pretending that you were actually doing your best to smooth your passage to America.

E.g. you could write them a letter like this:

Passport number: xxxxx

US Visa number: xxxxx

Dear US Embassy,

I am a Pakistani citizen and a legal resident in Spain. My husband is a Pakistani citizen and an illegal resident in the US. He has applied for asylum in the US, and hopes to regularize his status soon.

My husband has asked me to join him in the US, and I have a [type of visa] visa that would allow me to do so. But I am concerned that my status as the spouse of a known illegal alien might cause me difficulties at the border.

Please can you confirm if I will be allowed to enter the United States?

Yours etc.

EDIT

I changed "I wish to join my husband" to "My husband has asked me to join him" because the time may may come when you have to apply for asylum to escape your marriage. So you don't want a letter saying "I wish to join him" on your record.

EDIT

Forget what I said earlier. You've just written that you're booked on a flight for this week. There isn't time to write a letter. Just phone the embassy and tell them what's going on. Or go there in person. Whatever you do, do it ASAP!

Answer 4

Some suggestions from a friend, conveying some advice from a forced-marriage-fighting charity.

The woman posting the question needs to hide a spoon in her underwear when going to the airport before she gets to the plane. When she is screened, either via metal detector or backscatter it'll trip the scanners, and they'll have to take her into a more private location for further screening. This is when she needs to tell the authorities that she has been forced into marriage and is going to be forced into living in a coercive situation.

That advice is from here - the Guardian.

Basically, in her situation a lot of the advice could get her into serious trouble if she tried it while she was still with her family, so forcing a separation for private screening can get her whisked away to help without giving her family a chance to actually harm her if they object strenuously.

Answer 5

Can't you just say you're going and then not go? They're not going to know if you got on the flight, or if you were denied. If you're denied you'll never get past immigration and -- if they're meeting you there -- they'll never get past immigration in the other direction. Now sometimes immigration will inform people waiting that you've been denied but it's not mandatory as far as I know.

This doesn't work if someone is travelling with you, or if they're paying for the flights because of the issue below.

Your other problem is that the airline will be charged for your return flight (and, probably, fined) they may very well try and get this money back from you and/or whoever paid for the flights. If they have any indication you planned it they will definitely try and get the money and may get legal on you. Potentially they could blacklist you to prevent you flying with them (and maybe even their partners).

You could definitely use Karlson's suggestion and say you're being forced against your will to enter the country. But that might cause legal issues for your friends and family. You could be brutally honest and explain that you're worried you'll be compelled to overstay, that should be enough for them to flag you but it really depends.

The other suggestion in the comment, get your husband deported, is good too. Although it might be obvious (to him) that tip came from you.

In any case, you definitely don't want to directly lie to anyone or break any laws. The very fact that you know you're going to attempt this is a lie-of-omission when you board the plane.

I would very strongly recommend you do not try to do this -- it's of dubious legality, it's almost certainly going to annoy the airline if it works, and it may or may not cause problems for your family in the US.

Answer 6

I have a multi entry visa in my expired passport and I need to carry that; and I was told if I would want a visa in a new passport, it's a new interview and all fees. So if you manage to lose your passport, your visa is poof, gone. The London US Embassy page concurs:

Once you have obtained a new passport, you may apply for a new visa, if required.

Forcing you to get a new visa is almost impossible: if you go study, you can't be monitored 24/7 so just call the US embassy once you have your interview appointment and tell them the truth and ask to be denied after the interview! The truth never hurts and this can't be a reason for a ban -- you did not violate any rules. As the US never gives a reason for why would someone be denied, you are 100% safe, the family will never know.

Edit: Spain might have less experience in these matters (the Wikipedia entry for honor killings doesn't even list Spain) but Germany certainly deals with this a lot.

Try Terres des femmes, just be careful of what email address you use. At the end of the day, no matter what, you might need to escape to Germany (good that you are inside Schengen already -- you can get to Germany w/o a passport! On 15 December 2013 the TGVs from Paris were extended all the way to Girona and Barcelona and there's a high speed train from Madrid and there are TGVs from Paris to Germany) and ask for refugee status there. If the words "honor killing" ever seriously occurred to you, if that's a realistic threat, that's an excellent reason to ask for refugee status.

Answer 7

Your best course of action at this point is to convince your husband to come to Spain legally. His attorney can work something out about you sponsoring him with your status there. He should discuss with his attorney how to cancel the asylum claim without committing further fraud. There's a checklist for this.

There is nothing you can do inside the country that will help you. Whatever you do, you will end up on the bad list with ICE or CIS. The best that you may get is immediate deportation or voluntary departure. This may or may not affect your visa status, but it's likely that you will not retain it.

If you do come to the USA, there is a very real chance that your husband will drag you down with him. Asylum fraud is not a good thing. You will be complicit in this and could be removed. You could be held in a detention facility during proceedings.

If you can't convince him to leave, your second-best option is to inform CIS or one of ICE's few remaining asylum fraud teams that your husband is in the USA illegally.

In that case, you may want to go to your nearest consulate and discuss it with an officer there.

This is not legal advice, I am not an immigration attorney, and I am not an employee of DHS.

Good luck.

Answer 8

I'll take the risk that I may be misinformed about this option, but …

I have seen a lot of good advice in comments and answers, but unless I missed it, no one has suggested requesting asylum in Spain. IF the family is in Pakistan, wouldn't this be a good way to get some protection from actions by people in Pakistan or in the USA? (As well as the ability to remain in Spain when your student status ends.)

If asylum is granted, neither Pakistan nor the USA would have any power to make you leave Spain. And I would also recommend you not leave Spain unless Spain forces you to.