DS-160 question for deportation from Paris due to travel ban

@anil_am22

Hello,

In December i went to India but while coming back to USA via Paris, i was denied boarding to Atlanta flight (because of COVID-19, USA was not allowing entry to H1B VISA holders via Europe) and deported back to Delhi but the good part is that their is no such entry on my Passport and i confirmed the same with Immigration officer in Delhi too and after 14 days of quarantine, i came back to USA without any issue.

Now i have to apply for my H1B VISA extension and while filling up DS-160 form, i came across below question.

"Have you ever been refused a U.S. Visa, or been refused admission to
the United States, or withdrawn your application for admission at the
port of entry?

Also “Have you ever been removed or deported from any country?”

now what should i fill here. Please help me here.
"

In Paris, was there a US immigration counter which denied you going to USA or was it the flight’s ground officials? If it’s latter, then technically, you weren’t ‘denied’ entry into USA. You never reached Port of Entry in US. Had you reached US and refused entry or deported from there, then this would have applied. So you should be good.

That’s my understanding in personal capacity, but please get it vetted with people who are experts on this.

Hello,

There was one US Officer at Paris airport who said that I can not board the flight because USA is not accepting H1B visa holders without government waiver. So yes I was denied boarding at Paris only.

Did they ‘deport’ you or were only asked to go back to India?

Not allowing boarding a US flight is not same as ‘deportation’. Deportation usually happens when you are detained at airport and are placed on the next flight to your home country.

Deportation is clearly marked on your passport as a record.

If you don’t have any such record on passport, then you can mention ‘no’ for deportation question on DS-160.

Thanks for your response Anil.

I was not allowed to board the flight to Atlanta from Paris & detained at Paris airport (because of no Transit VISA of France) and sent back to Delhi next day but the good thing is that i don’t have any mark which says "Deported"on my Passport.

So as per your response, I have to select “NO” for Deportation question on DS-160. Please confirm.

Without Transit visa, you shouldn’t have been allowed to board the plane. That’s mistake of the ground staff. Like Anil mentioned, legally, ‘deportation’ or even ‘removal’ is way different that ‘refused entry’. You cannot be removed or deported from a country when you, officially, never entered. Since passport is ‘clean’, there shouldn’t be any issue. If by sheer bad luck, by any chance, they see anything and ask about it, explain carefully using the word refused entry, nothing else… Hopefully, you will be fine…

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