Refusal of entry for immigrant visa holder at port of entry

[JUP 0]

Hi! Recently a friend of mine was refused entry at the Windsor border in spite of having US Immigrant Visa. He had told the visa officer that he was going to the US for a month coming back to Canada and after settling his accounts here move permanently to the States. The visa officer told him to go back and that she would not be processing him. He was to settle his accounts and move to the States permanently at which time he will be processed. Also, he should not be flying to the US or entering from any other border. He has to enter through the Windsor border only and also to bring a letter from his rental officer stating that he had moved out of his rental unit. I am wondering if anybody else had a similar experience because I also have got my immigrant visa and am planning to enter the States in two weeks time for two weeks, come back and settle my accounts and then move back permanently. I am worried that I might face a similar situation. My friend is a PR in Canada whereas I am a Canadian Citizen and am planning to cross the border from either Queenston-Lewiston Bridge or the Rainbow Bridge. Suggestions or help needed. Thanks in advance.

[Renee n Jay 0]

I live in Windsor and travel to Cali to see my fiancee once a month. We only have our NOA1 yet, so far no problems crossing. All I know is, that the K1 is a one time entry until you change your status.

[Kathryn41 3,205]

Moved from K-1 Visa forum as this is not a K-1 visa issue, to the Canada Regional Forum as more likely to get useful responses here. It sounds like the friend is trying to activate a CR-1 visa and has run into a difficult border guard.

[JlovesA 109]

We need to know what kind of visa your friend has.

[sdw 10]

I activated my CR1 and kids CR2 visas stayed the weekend. Came back to Canada and moved the following week. Told the CBP officer that processed us that's what we were doing. Didn't cause us any problems.

[trailmix 77]

Why he bothered to tell the border officer that he was going to the U.S. for two weeks then returning to Canada, i'm not sure. Why didn't he just tell him he was moving? I mean if it is a CR1 visa I assume he has a wife in the U.S.? Or does he? Or, do they both live in Canada at the moment? If they are both still living in Canada that's a completely different thing.

There is really not much to be done at this point - if the border officer has indeed noted what he told your friend. The border guard is going on the assumption that your friend applied to be a permanent resident of the U.S. and that does not appear to be his intention - he's not giving him any leeway.

The only option for your friend, probably - would be to contact a supervisor at the Windsor border crossing, explain the situation and see if the supervisor is willing to go along with him doing this.

However, if his wife is still living in Canada, that is not an option.

Edited July 7, 2010 by trailmix

[JUP 0]

We need to know what kind of visa your friend has.

Thanks everybody for your replies. He has a F4 immigrant visa.

[Flames9_RN 358]

Had to google, what is a F4 visa. here is a so-so definition of it http://www.ehow.com/facts_6019406_f4-visa_.html

[warlord 72]

Had to google, what is a F4 visa. here is a so-so definition of it http://www.ehow.com/facts_6019406_f4-visa_.html

Seems to me that the F4 may have some restrictions much like the Green Card does. And the way the friends stated to the officer "coming to the US for a month then coming back to Canada to settlle ties" shows to me that they are residing in Canada right now and plans to reside for an indefinate time until things get settled. So one might need to check into what the rules are for an F4. I don't think any visa is open enough to allow anyone to live outside the US and remain in status. Need to check on that...

[OBX 51]

I activated my visa at the Peace Bridge. I returned after a week for a few days, returned to the US for another month and then returned again to Canada when the sale of my house closed. When activating my visa I did not offer up any of this information nor was I asked. I had no issues on any of my crossing with the exception of once being asked on returning to the US why I had returned to Canada so soon after my POE. I simply stated I had returned to see my son graduate from school and they were fine with that.

[mikey78 6]

I'd go with what trailmix and OBX say...do not volunteer any information, just answer the questions they ask. It seems like there is little consistency between CBP officers processing IV cases in regard to coming back to Canada; we've heard about some people just crossing border for a coffee and returning to Canada the same day just to start their GC procedure going and those that, alike your friend, were treated harshly. Best way is simply to fly...airports seem to be easier - maybe just because they do not imagine someone just crossing the border to come back the same day and of course if you are flying and don't have a trailer full of stuff with you no one would wonder why...but if you are on the land crossing then at least they might ask out of curosity and then...some people give them the answer that may cause trouble such as: Oh, I am just activating my visa today but I am coming back in a week coz I gotta finish some business...

[JUP 0]

Thanks everybody for your replies. I think I will go with what mikey suggested, fly. Thanks again.