Completely Lost and Heartbroken

[WantingMyHubby 0]

I'm in the very beginning stages of the CR-1 (have yet to send it out due to some complications). I was denied at a US POE in February. Since then, my husband and I decided that until I have a visa in hand, I will stay in Canada and he will visit me. We had a VERY difficult time with customs when I was denied, and I want to avoid them as much as possible.

In the past 2 years, he has come to visit 4 times w/out any problems. He was supposed to arrive today for another visit, when the US border guard denied him due to his criminal history. He committed 4 felonies when he was a teenager, which was over 10 years ago.

Let me say that he made some major mistakes when he was a teenager, but he is such a different person now. Despite my immigration problems, he has NEVER had an issue crossing the border into Canada until now. The border guard insisted that I could go down to visit, but he knows nothing about our situation. I firmly believe that trying to enter the US again will most likely damage my situation further.

Now my husband is at a hotel in Burlington, just 2 hours south of here, and I can't even see him. I feel like everything is working against us and I'm so broken down and tired. I love him more than anything and won't give up until we have the visa in hand...but has anyone experienced this before? Apparently there's a waiver for criminal inadmissibility, but I don't even think he's eligible to apply, based on the number of years that has passed! I could be wrong. I would just appreciate some insight based on past experience...this is excruciating. I just don't understand WHY the border guard denied him entry, when the past 4 times the other guards saw NO problem (the last time just being 2 months ago!!)

HELP......

Melissa

P.S. Btw, this is probably evident, but I'm the Canadian beneficiary and he's the US citizen...

Edited May 1, 2008 by WantingMyHubby

[pushbrk 13,079]

I'm in the very beginning stages of the CR-1 (have yet to send it out due to some complications). I was denied at a US POE in February. Since then, my husband and I decided that until I have a visa in hand, I will stay in Canada and he will visit me. We had a VERY difficult time with customs when I was denied, and I want to avoid them as much as possible.

In the past 2 years, he has come to visit 4 times w/out any problems. He was supposed to arrive today for another visit, when the US border guard denied him due to his criminal history. He committed 4 felonies when he was a teenager, which was over 10 years ago.

Let me say that he made some major mistakes when he was a teenager, but he is such a different person now. Despite my immigration problems, he has NEVER had an issue crossing the border into Canada until now. The border guard insisted that I could go down to visit, but he knows nothing about our situation. I firmly believe that trying to enter the US again will most likely damage my situation further.

Now my husband is at a hotel in Burlington, just 2 hours south of here, and I can't even see him. I feel like everything is working against us and I'm so broken down and tired. I love him more than anything and won't give up until we have the visa in hand...but has anyone experienced this before? Apparently there's a waiver for criminal inadmissibility, but I don't even think he's eligible to apply, based on the number of years that has passed! I could be wrong. I would just appreciate some insight based on past experience...this is excruciating. I just don't understand WHY the border guard denied him entry, when the past 4 times the other guards saw NO problem (the last time just being 2 months ago!!)

HELP......

Melissa

P.S. Btw, this is probably evident, but I'm the Canadian beneficiary and he's the US citizen...

Since he's the criminal and the USC, neither of you needs a waiver of criminal inadmissability to enter the US. He's here already. If he can't visit and you don't want to try, then you'll need to wait until your visa process is complete.

[WantingMyHubby 0]

Since he's the criminal and the USC, neither of you needs a waiver of criminal inadmissability to enter the US. He's here already. If he can't visit and you don't want to try, then you'll need to wait until your visa process is complete.

Thanks for the reply. I know we don't need a waiver to enter the US, I was wondering if any other USC knows about the waiver to enter Canada so he can visit while we wait out the visa. The border guard said there's some "humanitarian pass" that we can look into, but I've found no information on any such pass.

Apparently, Canada is extremely stringent on past criminal activity, but it doesn't make sense that he has been admitted 4 times in the past and no one has ever mentioned it...and suddenly, the border guard today says that he (my hubby) isn't allowed. It just kills me.

[pushbrk 13,079]

Since he's the criminal and the USC, neither of you needs a waiver of criminal inadmissability to enter the US. He's here already. If he can't visit and you don't want to try, then you'll need to wait until your visa process is complete.

Thanks for the reply. I know we don't need a waiver to enter the US, I was wondering if any other USC knows about the waiver to enter Canada so he can visit while we wait out the visa. The border guard said there's some "humanitarian pass" that we can look into, but I've found no information on any such pass.

Apparently, Canada is extremely stringent on past criminal activity, but it doesn't make sense that he has been admitted 4 times in the past and no one has ever mentioned it...and suddenly, the border guard today says that he (my hubby) isn't allowed. It just kills me.

Visa Journey is a board focused US immigration. You need to contact Canadian immigration on this.

[lucyrich 20]

Recently, thanks to post-9/11 changes, it's become easier for the Canadian officials to check the backgrounds of US Citizens attempting to enter Canada.

See this story in the San Francisco Chronicle: http://www.sfgate.com/cgi-bin/article.cgi?...MNGCAO9NSB1.DTL

For info on how to get an "approval of rehabilitation" and get the inadmissibility removed, see

http://geo.international.gc.ca/can-am/seat...missible-en.asp

Good luck. It sounds like the fact that a lot of time has elapsed since his legal problems may work in his favor.

[Eric_and_Corinna 0]

I believe he can go to the nearest Canadian Embassy wherever you live and apply for a waiver of sorts. I'm not sure how it works for anything beyond DUI/DWI, but you might check into it. Did the Canadian Border Patrol say he couldn't try again?

My wife and I were in the same boat as you regarding your denial. Did you sign a "Withdrawal of Admission" form? If you did, it won't affect your visa process now, but it probably would be best to avoid trying to enter again without the visa in hand, which it sounds like you guys already know. If you have repeated denials after being told not to try again, it could result in negative consequences down the road.

If you didn't sign any forms, but were just denied entry, it is possible to visit the US, but you should be prepared to show strong ties to Canada that will lead a rational (big assumption, there) border guard that you will return...mortgage statements, letters from work showing you're on leave, etc. Without those a border guard will assume that you're making THE MOVE and will complete your immigration requirements from within the US, which is a no-no.

The most important thing is to always be honest with the Customs folks. However, don't volunteer anything, just answer their questions honestly. Doing otherwise could really F things up for you.

Best of luck to you both. My wife and I know exactly how lost you're feeling, since we were there 10 months ago. It gets better...

[MsZ 6]

You didn't explain why you were denied admission to the US. Unless there is something in your background that's a problem, you should be able to enter from Canada w/sufficient proof of ties to Canada.

My husband and I cross every other week or so near Thousand Islands. It is a bit out of the way for you but you could try there. The guards have always been very nice to my husband though he did get the lucky "200th vehicle" which gets the full workup not long ago. They told him that it had nothing to do with his having a CR1 in progress, it was really just because he was the 200th vehicle. He had to fill out paperwork as though he were entering the US on a plane. It cost some time but that was all.

And it does sound as though those clean 10 years should be enough to get your husband through the rehabilitation process. I don't know if you'll want to consult a lawyer or try to do it yourself. I'd suggest going it alone since you've got 10 years since the last incident.

[Catt 6]

Since he's the criminal and the USC, neither of you needs a waiver of criminal inadmissability to enter the US. He's here already. If he can't visit and you don't want to try, then you'll need to wait until your visa process is complete.

OR if you really can't find your way around this, you can also meet in a third location, where both of you can get in!

Plus, we obviously don't know your situation so I do not want to give you bad advice, but it's not because one officer once denied you access at a POE, that that'll also happen next time? Do you know exactly why you were not granted access? Check into how you can make your case stronger going over next time, like sufficient ties with your home country, as another poster already wrote. I'm flying to see my husband in about a month and i'm definitely gonna try to get in.

Keep your chin up!

Big hug,

Cat

[Catt 6]

Since he's the criminal and the USC, neither of you needs a waiver of criminal inadmissability to enter the US. He's here already. If he can't visit and you don't want to try, then you'll need to wait until your visa process is complete.

PS: Having committed a few felonies while in his teens, doesn't mean a person is labelled "a criminal" all his life. There is a difference between having a criminal record and being a criminal.

Edited May 2, 2008 by Catt

[PlatyPius 5]

Since he's the criminal and the USC, neither of you needs a waiver of criminal inadmissability to enter the US. He's here already. If he can't visit and you don't want to try, then you'll need to wait until your visa process is complete.

Thanks for the reply. I know we don't need a waiver to enter the US, I was wondering if any other USC knows about the waiver to enter Canada so he can visit while we wait out the visa. The border guard said there's some "humanitarian pass" that we can look into, but I've found no information on any such pass.

Apparently, Canada is extremely stringent on past criminal activity, but it doesn't make sense that he has been admitted 4 times in the past and no one has ever mentioned it...and suddenly, the border guard today says that he (my hubby) isn't allowed. It just kills me.

Visa Journey is a board focused US immigration. You need to contact Canadian immigration on this.

You really are a bit of a chopf##k, aren't you? I'm opinionated, rude, and pretty much offensive, but even I wouldn't have said that. (The "criminal" comment)

And yes, VJ is a board focused on US immigration, but some people have experience with Canadian immigration as well. And ultimately, the OP *IS* concerned with US immigration - she just needed help on getting him into Canada for a visit. It's an amazing concept that there may be people on here who know a few things other than USCIS-lore.

[WantingMyHubby 0]

OR if you really can't find your way around this, you can also meet in a third location, where both of you can get in!

Plus, we obviously don't know your situation so I do not want to give you bad advice, but it's not because one officer once denied you access at a POE, that that'll also happen next time? Do you know exactly why you were not granted access? Check into how you can make your case stronger going over next time, like sufficient ties with your home country, as another poster already wrote. I'm flying to see my husband in about a month and i'm definitely gonna try to get in.

Keep your chin up!

Big hug,

Cat

He doesn't have a passport yet, so he can't fly out of the US He always flies to Burlington and drives over. I wasn't granted admission in February because I didn't have strong enough ties to Canada. I was just visiting, but I had wanted to bring a bit extra to leave at his house. Not smart. I was really naive...it turned into a big mess and the supervisor was accusing me of SEVERAL things, like already living in the US (even when I showed her recent paystubs, she was suspicious)!! In the end I just got a stern warning, but if I try to go to the US again, I'm sure they'll see notes on what happened in February and assume I'm trouble. Even if I bring strong ties, I just don't feel like the risk is worth it. If it hadn't been such a mess, I would try!

Thanks for your support...good luck next month and enjoy your time together

xo,

Melissa

PS: Having committed a few felonies while in his teens, doesn't mean a person is labelled "a criminal" all his life. There is a difference between having a criminal record and being a criminal.

I completely agree!!!!!!

[WantingMyHubby 0]

Recently, thanks to post-9/11 changes, it's become easier for the Canadian officials to check the backgrounds of US Citizens attempting to enter Canada.

See this story in the San Francisco Chronicle: http://www.sfgate.com/cgi-bin/article.cgi?...MNGCAO9NSB1.DTL

For info on how to get an "approval of rehabilitation" and get the inadmissibility removed, see

http://geo.international.gc.ca/can-am/seat...missible-en.asp

Good luck. It sounds like the fact that a lot of time has elapsed since his legal problems may work in his favor.

Wow, thanks for that story! I had no idea how much of a problem it has become. Just like the story said, he has been admitted several times without a problem - but the border guard yesterday probably just thinks that my hubby was lucky in the past. It's just so crazy. Everything is pointing to us completing the waiver. Gotta stop crying and get to business, I guess.

Thanks again..

[WantingMyHubby 0]

I believe he can go to the nearest Canadian Embassy wherever you live and apply for a waiver of sorts. I'm not sure how it works for anything beyond DUI/DWI, but you might check into it. Did the Canadian Border Patrol say he couldn't try again?

My wife and I were in the same boat as you regarding your denial. Did you sign a "Withdrawal of Admission" form? If you did, it won't affect your visa process now, but it probably would be best to avoid trying to enter again without the visa in hand, which it sounds like you guys already know. If you have repeated denials after being told not to try again, it could result in negative consequences down the road.

If you didn't sign any forms, but were just denied entry, it is possible to visit the US, but you should be prepared to show strong ties to Canada that will lead a rational (big assumption, there) border guard that you will return...mortgage statements, letters from work showing you're on leave, etc. Without those a border guard will assume that you're making THE MOVE and will complete your immigration requirements from within the US, which is a no-no.

The most important thing is to always be honest with the Customs folks. However, don't volunteer anything, just answer their questions honestly. Doing otherwise could really F things up for you.

Best of luck to you both. My wife and I know exactly how lost you're feeling, since we were there 10 months ago. It gets better...

The border guard gave him the number to the Canadian Consulate in New York and told him that I need to request a "humanitarian pass" for him. I called the number and it's all automated, I couldn't find what I needed. I went to the website and found nothing on the humanitarian pass. I did find the link for the rehabilitation info and found that useful.

When I was denied, I never had to sign the Withdrawal of Admission. I was just denied entry. However, I was there for about 3 hours and the supervisor was so determined that I was doing something horrible (and I really wasn't). First, she thought I had been living illegally in the US for years and she had caught me in the act; when I proved her wrong, she THEN thought I was making THE MOVE. She used intimidation tactics, like telling me that she had just called my parents and told them that I was in trouble (she never actually called). She was threatening me with jail time, etc. I was co-operative, but tough as nails. She never broke me. What made me cry was when the prosecutor/investigator came to talk to me - he was really nice and explained that although I looked "suspicious" at first, he could tell that I was being honest and wasn't doing anything wrong. Based on that experience, I refuse to attempt to cross again without a visa.

Thanks for your help...I know it'll get better, it's just the hardest thing I've ever had to go through...!!

[WantingMyHubby 0]

You didn't explain why you were denied admission to the US. Unless there is something in your background that's a problem, you should be able to enter from Canada w/sufficient proof of ties to Canada.

My husband and I cross every other week or so near Thousand Islands. It is a bit out of the way for you but you could try there. The guards have always been very nice to my husband though he did get the lucky "200th vehicle" which gets the full workup not long ago. They told him that it had nothing to do with his having a CR1 in progress, it was really just because he was the 200th vehicle. He had to fill out paperwork as though he were entering the US on a plane. It cost some time but that was all.

And it does sound as though those clean 10 years should be enough to get your husband through the rehabilitation process. I don't know if you'll want to consult a lawyer or try to do it yourself. I'd suggest going it alone since you've got 10 years since the last incident.

See my above replies for a brief explanation of my denied admission ...

I'll have to look more into the rehabilitation process. Seems like that's the only solution. Hopefully the time elapsed will prove that he's no longer a criminal threat. We'll have to see.

[WantingMyHubby 0]

Since he's the criminal and the USC, neither of you needs a waiver of criminal inadmissability to enter the US. He's here already. If he can't visit and you don't want to try, then you'll need to wait until your visa process is complete.

Thanks for the reply. I know we don't need a waiver to enter the US, I was wondering if any other USC knows about the waiver to enter Canada so he can visit while we wait out the visa. The border guard said there's some "humanitarian pass" that we can look into, but I've found no information on any such pass.

Apparently, Canada is extremely stringent on past criminal activity, but it doesn't make sense that he has been admitted 4 times in the past and no one has ever mentioned it...and suddenly, the border guard today says that he (my hubby) isn't allowed. It just kills me.

Visa Journey is a board focused US immigration. You need to contact Canadian immigration on this.

You really are a bit of a chopf##k, aren't you? I'm opinionated, rude, and pretty much offensive, but even I wouldn't have said that. (The "criminal" comment)

And yes, VJ is a board focused on US immigration, but some people have experience with Canadian immigration as well. And ultimately, the OP *IS* concerned with US immigration - she just needed help on getting him into Canada for a visit. It's an amazing concept that there may be people on here who know a few things other than USCIS-lore.

I was hesitant to post my question/situation, but I figured why not...I thought there might even be one person who went through the same thing. Thank you!