Voluntary withdrawal of application for admission comes under denied/refused entry at USA POE?


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Back in 2011, I came to US for the first time with F1 visa. My visa was stamped with University X and I had another i20 with University Y. My intention was to transfer the i20 to Univ 'Y'. I contacted Univ Y and they said I can do it once I travel to USA with my current visa. I didn't want to spend too much on flight tickets to travel from home country to Univ X to Univ Y (if transfer didnt go through, again to Univ X). So I have decided to stay at friend's place for a week before I finish my transfer process to Univ Y. Everything was good till this point of time.

So I booked tickets to friend's place (which was neither Univ X nor Univ Y). At POE, what started as a regular questions ended up with CBP officer.
They asked me if I have any communication from Univ Y official stating that I can transfer i20, I said I had it in my email (they didn't check though)
I was freshly out of college and naïve, was terribly panicked with all those interview proceedings. 
After 1 hr. long interview they said I am not supposed to do this, I need to go back and get a visa for Univ Y. And they handed over form I-275 with 'subject is inadmissible under section 212(a)(7)(A)(i)(I)' which was signed by me stating 'I understand that my voluntarily withdrawal of my application for admission is in lieu of a formal determination concerning my admissibility'. 
There were a couple of check boxes: 1) By an immigration officer 2) in removal proceedings before an immigration judge. Box 1) was checked on that form.
I asked them how soon I can apply back to same visa. They said as soon as you have visa slots and there is no ban on you to travel. (I think the concern was intention to travel on one Univ visa while I already know that I am going to a diff Univ)

But, I was too scared to attend the interview after that terrible experience, worked in my home country for next 4 years. After 4 years, I applied to F1 visa again.
In DS-160 there is a question: "Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry?".
Since I withdrawn application, I said yes and explained myself what happened in 2011 and my visa approved. I said I didn't have full knowledge of i20 transfer process at that time coupled with assurance from Univ Y official saying I can do it in USA. (I admitted I was naïve at that time and had no clarity, which indeed true)
Convinced them that with last 4 years experience , now I know what I want to do and am a much better person now.
I was questioned for another 1 hr. 2nd time and I repeated what I told in DS-160 and Visa interview and this time they admitted me into USA.

After that I traveled to my home country a couple of times. (First time after 8 months stay: went through same procedure for 30-40 mins, Second time after 15 months stay, this time no interview they just took my passport inside and said I am good to go after 30 mins wait).

Later I have applied for H1B and it was approved too.

So, now my question 1:
whether voluntary withdrawal of admission application is same as 'refused to entry' or 'Denied to entry' (I am assuming it doesn't come under deportation)?

question 2:
I got ITA for Canada Express Entry and was filling all the details and stuck at this question "ever been refused a visa or permit, denied entry or ordered to leave Canada or any other country?:"
my case comes under 'denied entry' ?

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  • 2 weeks later...

well, did CBP allow you to enter the US? NO...there is your answer.....instead of trying to play mind games with a CO (who can and will run circles around you), just put down the truth and wait for a clarification question(s)...I do not understand this tendency to play word games with COs...they have tons of info at their fingertips, they can set your case aside for any reason and will do so once you start offering up a bunch of inconsistent nonsense....they will not fall prey to your 'cleverness'...they will gladly investigate anything questionable and they do not care how long it takes, as their lives are not altered by waiting....just tell the truth...sheesh...





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