Any other CR1ers been told at the border that they need Advance Parole to enter the States while waiting for their visa?

[Todd&Paije 0]

I was detained for quite a while at the border tonight when coming down to visit my husband for 2 weeks for Christmas. We filed our I-130 last February, my interview is in January, and I've come across the border at least once a month since then. Whenever asked about immigration, I've been very up front and have explained that we've filed our paperwork and have been waiting (for the myriad of reasons that we've all had to wait to get our visas). There has NEVER been a problem - until tonight. After explaining where I'm at in relation to the visa application, I was told that I shouldn't be allowed to enter the country whenever I wanted, seeing as it would affect my status. I told the woman that I didn't understand what status she was talking about, seeing as I'm a resident of Canada and am applying for a CR1. I was then held at the border, fingerprinted, and told that I should've applied for Advance Parole simply to enter the States because I was applying for immigrant status... and that next time I'll have to apply to enter the country. My passport has now been stamped, and I have to check in with Canadian customs (and give them a piece of paper) when I re-enter the country to go back home.

Anyone else experienced this?

[Krikit 1,164]

Whoa. Which crossing was this?! What a shocking display of ignorance. I would have asked to speak with a supervisor. I know some people have had trouble crossing but not to be told about "status" and AP. lol. Did you tell them AP didn't apply to you? If you want to take it further there is Traveler Redress.

[Canadiandggal 49]

Whoa. Which crossing was this?! What a shocking display of ignorance. I would have asked to speak with a supervisor. I know some people have had trouble crossing but not to be told about "status" and AP. lol. Did you tell them AP didn't apply to you? If you want to take it further there is Traveler Redress.

I so sooo sorry that does not sound right! I mean tons of people get put in secondary and even denied entry but that just seems a bit out of this world. I would suggest going to krikit's link and filing a complaint and see if you can get it cleared up. What paper do you have to give to Canada customs.

Can we even apply for to enter the country and how the heck would one get AP when we dont get AP on a cr/ir visa? They are confusing lol

Again sorry that you got detained and was treated with such ignorance. At least you got across Keep us updated on what happens when you return.

[Todd&Paije 0]

Thanks for the link, Krikit. I'll definitely use that. This happened at the Coutts/Sweetgrass crossing on the Alberta/Montana border. I did ask them why I'd never heard of this requirement in all of the paperwork I've filed and documentation that I've received, nor had I heard of this requirement from any of the border guards while crossing in the past year. The now 3 people involved blew this off and insinuated that I hadn't been forthcoming about my intent to immigrate whenever I'd crossed, then started blathering on about how this is a technicality, but still needs to be done any time I want to re-enter the States. Fortunately, the next time I cross the border, it will be with my visa in my hot little hands.

Thanks dggal! In addition to the stamp in my passport, I also have documentation stapled in stating that I've received AP (for "compassionate" reasons) as well as the date by which I have to return to Canada. I have to give that paper to Canadian customs to show that I've returned home during that time. In all honesty, this makes NO sense to me... but I didn't really want to get into a huge argument with the folks at the border then be denied entry into the country because they were feeling pissy. That would've screwed Christmas RIGHT up!

[Flames9_RN 358]

In reading ur experience, you have NOT yet had the interview, so nothing is certain yet, as yes one could be denied (not likely). One does not have the RIGHT to gain entry into the USA. Most have no problems entering (with proper evidence) Not sure why they stated AP, thats a bit odd. But like u stated, u should have the visa in hand next time, so hopefully problem solved!!

All part of the frustrations with visiting the USA while undergoing the visa process--POE officials seem to intrepret the rules differently, which adds to the frustration/confusion.

[CanuckChick 7]

I was detained for quite a while at the border tonight when coming down to visit my husband for 2 weeks for Christmas. We filed our I-130 last February, my interview is in January, and I've come across the border at least once a month since then. Whenever asked about immigration, I've been very up front and have explained that we've filed our paperwork and have been waiting (for the myriad of reasons that we've all had to wait to get our visas). There has NEVER been a problem - until tonight. After explaining where I'm at in relation to the visa application, I was told that I shouldn't be allowed to enter the country whenever I wanted, seeing as it would affect my status. I told the woman that I didn't understand what status she was talking about, seeing as I'm a resident of Canada and am applying for a CR1. I was then held at the border, fingerprinted, and told that I should've applied for Advance Parole simply to enter the States because I was applying for immigrant status... and that next time I'll have to apply to enter the country. My passport has now been stamped, and I have to check in with Canadian customs (and give them a piece of paper) when I re-enter the country to go back home.

Anyone else experienced this?

I had a similar experience during the summer while travelling through the Calgary airport. In my case the border guard said that nobody else had mentioned that I needed AP because they didn't know anything - hahaha. Thankfully I was let through on condition that I get AP while in the USA. Of course I couldn't do that since I wasn't eligible. I have not had the problem since then but always carry copies of their own policy documents to show that I do not meet the criteria for AP. Still, going through customs is always unnerving and I am always prepared to be refused entry. It's unfortunate that the process is so arbitrary - after all we are the ones who are trying to do this legally! We're really not the problem! 8-)

Good luck with your interview!

[JlovesA 109]

I don't have anything to add other than WOW and I really hope you address this with someone at DHS so no one else has to experience this. It doesn't even make any sense...it's sad they don't know their own freakin' immigration rules.

[Kathryn41 3,205]

Yeah, the ignorance about their own country's laws that they are supposed to be enforcing is pretty scary. Since these seem to have come up in the Western borders it might be an idea to add to the list of documents visa applicants using Prairie POEs need to bring while visiting the US during the process the instructions sheet from the I-131 application which clearly indicates that visa applicants are not eligible - they have no status in the US to protect so are not eligible for that type of protection.

Edited December 19, 2010 by Kathryn41

[mikey78 6]

It's sad and scary...the person who processed you had no idea what they were doing...but somehow it doesn't surprise me that much - at my interview in Montreal the CO made a similar mistake concerning advance parole. He told me that after I cross the border and activate my immigrant visa I can't leave the US until my greencard arrives in mail and if I would I'd need an advance parole to return. Of course an endorsed immigrant visa works as a temp green card...and I even tried to tell him that but he was very persistent in mixing up K-1 visa and AOS process with with my immigrant visa (family first preference).

[Flames9_RN 358]

Just to make this clear, the OP has NOT had her interview yet, not till January. The POE dude may have thought she had AOS'd while in the USA and thus if did not have her green card yet from the AOS process, she would have required AP to re-enter the USA. But yes it is amazing on how many of the Poe officials do not know the rules

[CanadianRedneck 8]

So where can we find the documents to print up to show the CBP about this Advanced Parole #######? that we dont need it?

[Kathryn41 3,205]

http://www.uscis.gov/files/form/i-131instr.pdf

Specifically part 3. It looks like the border official was using item 3.B 1 to issue the Humanitarian advance parole. This is supposed to be used when an alien cannot get a visa, is inadmissible and cannot get a waiver - not the situation with a CR-1 applicant visiting a spouse in the US.

[CanadaLove 16]

Ugh. Glad to know about it, and thanks for the link. Will print it out for when the husband is able to take time off and do the traveling, rather than me.