Denied Entry into the United States, Deported, or Overstayed on a Prior Visit

Denied entry

In the case of a traveler who has been denied entry into the United States by a Customs and Border Protection (CBP) officer, he/she should bring a copy of the report of the incident, Form I-877 or I-867, to the visa interview together with a completed personal data form VCU1.

Note:  If you were not provided with copies of these forms at the time you were denied entry into the United States, you should contact the USCIS.  You will need to send a signed request in writing, along with a copy of the photo page of your passport. They cannot respond to phone or email requests for this information. 

US Citizenship & Immigration Service, National Records Center, FOIA/PA Office
P. O. Box 648010
Lee's Summit, MO 64064-8010
Phone: (816) 350-5570
Fax: (816) 350-5785
E-mail: uscis.foia@dhs.gov

If they do not have a copy, please contact the port where you were denied entry directly. 

Deportation or Removed

A person who has been deported or removed, may be prohibited from reapplying for a visa depending on the circumstances for up to ten years. In certain cases a waiver of this ineligibility may be available.  You will be required to furnish a copy of the the removal proceedings or any documentation relating to your deportation/removal together with a completed personal data form VCU1.

Overstays

If you have overstayed on the Visa Waiver program (VWP) or violated the terms of a previously issued U.S. visa, you will be refused entry to the United States unless you apply for a visa with full details of your overstay prior to subsequent entry. In addition, you are required to complete and furnish a personal data form VCU1.

Violating the terms of the Visa Waiver Program or previously issued U.S. visa can render an individual ineligible for a visa and a waiver of this ineligibility may be required. 

Applicants who are ineligile to receive a visa

If the applicant is found ineligible for a visa, he/she will be advised whether or not a waiver of ineligibility is available from the Department of Homeland Security Customs and Border Protection (DHSCBP). If a favorable recommendation is made to DHSCBP for a waiver of the  ineligibility, the application will take between 20 and 22 weeks to  process; some applications may take longer.

Please note: Delays in processing can and will occur. The processing times quoted are approximate and cannot be guaranteed. It is important that you keep this in mind when applying for the visa. It will not be possible to expedite a case simply because an applicant has not allowed sufficient time for the application to be processed.