Entry for a friend from a 3rd country via Canada

[VDavion 0]

I realize this may be the wrong forum for seeking advice but as it seems to be full of knowledgeable people I felt I had to give it a try. I am a US citizen. Years ago I met a wonderful girl from New Zealand online. We've since each visited each other and we've grown very close.

She always had the dream of moving to Canada just to get some overseas experience, and I since I live near the US/Can border I suggested she look into places nearby. She did so, got a 1 year Canadian working permit, and moved in June. Prior to moving she was told she'd be able to visit the US and even though she was from a Visa Waiver country, if she applied for a Visa at the US consulate in NZ that would make things easier, so she did that. The first weekend she arrived I tried to bring her over to visit with me and my friends, who she'd met perviously, and she was denied entry for having insufficen ties to Canada. Additionally, some of the CBP officers seemed suspicious of the fact that she had a Visa.

Two weeks later, after she had found a place to live and we had her other documents, like her return flight to NZ and her bank information in order (she still had no job) we tried again and she was granted entry. She was given a white form in her passport and told to return it on the way back so they would know she hadn't overstayed. She did this. The next weekend I tried to have her come over again... we were denied. Some of the officers on duty seemed to think she should never have been let in - including the supervisor on duty. A third officer seemed to be advocating for her and saying she should be let in. From some CBP people we hear that her having a US Visa is a good thing, others say it makes her more suspicious. Likewise, some CBP officers seem to think that if she only gets a job, she will have clear ties to Canada and crossing should be no issue. Others have told us that will not be nearly enough, that she'd have to live there for years and own a home and that even then it's iffy. And everyone seems to assume we are in a relationship, which I guess has elements of truth to it, but overall is not the case. And I worry that when they ask me if she is my girlfriend and I honestly answer "no" they think I'm lying. (I sometimes wonder if I should go into all the complicated details of our 'just-friendship-with-emotional-closeness-but-intact-physical-boundries' with her standing right there.) Should I just say "yeah we're dating" or what?

Anyway, I've been going over weekly to see her, and I'm grateful I've been able to do that. It would be great if she was able to come over here, though. In truth she doesn't know a lot of people in the city she's staying, and if she was able to spend time with me and my friends that would help. She feels like a criminal and rather isolated there. I suppose it's true that she doesn't have great ties to Canada, but at the same time there's absolutely no desire on her part to break any rules to overstay in the US. I can understand where CBP is coming from with the ties-to-Canada issue, what I can't understand is the mixed singnals we seem to get from various officers. Some say she's good enough to come in now, some say if she has a job that will be good enough, and some say that it won't be and fruther more that if she tries to enter again she might get kicked out and banned from the US for 10 years. Is it generally true that it's just a crapshoot and you have to hope for cool boarder cops when you try to cross? Is there any way to have discussons like this with CBP before arriving at the boarder? I thought I saw something about writing a letter explaining the circumstances as a sort of unoffical appeal but I can't find that information anymore. Any advice at all, people?

[Krikit 1,165]

Is it generally true that it's just a crapshoot and you have to hope for cool boarder cops when you try to cross? Is there any way to have discussons like this with CBP before arriving at the boarder? I thought I saw something about writing a letter explaining the circumstances as a sort of unoffical appeal but I can't find that information anymore. Any advice at all, people?

Yes, to the bolded bit. It happens to everyone whether they have ties or not. Check my signature for a link to visitation tips.

Moving this thread to the General Immigration Discussion forum.

[Ed+Cindy 1]

Hahaha, I'm not laughing at you, but that's the exact thing that happened to us. My girlfriend (at the time) was in Canada as the last part of a round the world trip and wanted to come down to the US for a few months to be with me (we had lived together in New Zealand prior to my re-locating back to the US). She was not let in, and was actually treated very poorly.

Once you are denied entry (actually you withdrew your applicaiton for admission), you will not get in as a tourist again. The history is there. We even had a lawyer and everythere, cause we really were honest about our intents for strictly a visit. We did not have plans to violate immigration law and marry while she was a tourist. She just wanted to visit me in the US, and later we would file for a K-1 visa, if she enjoyed the US enough.

Short story, we are now married and adjusting status in the US.

I suggest you go the K-1 visa route. It will actually be easier for you to file a K-1 visa, have her come to the US, and marry, than try to fight this or live with the fact that she can't get in the US. Sorry you are being forced to marry, but that's the way it happens.

Also, which POE did you use. Vancouver (and the nearby land crossings) are horrible. We have filed several complaints against CBP there. I've even been interview by third part agencies, as part of CBP internal affairs investigations and civil rights violations, that's how bad we were treated.

If you PM me, I can give you my wife's email (she is the Kiwi) and maybe your 'friend' and her can email each other for support.

Edited July 21, 2009 by Ed+Cindy

[Krikit 1,165]

Once you are denied entry (actually you withdrew your applicaiton for admission), you will not get in as a tourist again.

Actually, that's not quite true. It depends upon the denial. Quite a number of people return with their evidence and are allowed through.

[Ed+Cindy 1]

Once you are denied entry (actually you withdrew your applicaiton for admission), you will not get in as a tourist again.

Actually, that's not quite true. It depends upon the denial. Quite a number of people return with their evidence and are allowed through.

I hope the OP can get his Kiwi friend in, but in my experience, INA 214b is extremely difficult to overturn, once CBP has recorded the fact you are in a romantic relationship with an American.

Edited July 21, 2009 by Ed+Cindy

[SCFsnoopy 0]

Once you are denied entry (actually you withdrew your applicaiton for admission), you will not get in as a tourist again.

Actually, that's not quite true. It depends upon the denial. Quite a number of people return with their evidence and are allowed through.

I hope the OP can get his Kiwi friend in, but in my experience, INA 214b is extremely difficult to overturn, once CBP has recorded the fact you are in a romantic relationship with an American.

I don't think the OP is in a romantic relationship with the Kiwi, it seems like he's just considering saying they're dating if that would make their situation easier / more believable (not advisable if it's a lie... unless he actually wants to date her )

[baron555 934]

Anyway, I've been going over weekly to see her, and I'm grateful I've been able to do that.

You are very lucky you can do this. Many of us can not. What you describe is very typical.

[Carlawarla 1]

Once you are denied entry (actually you withdrew your applicaiton for admission), you will not get in as a tourist again.

Actually, that's not quite true. It depends upon the denial. Quite a number of people return with their evidence and are allowed through.

I hope the OP can get his Kiwi friend in, but in my experience, INA 214b is extremely difficult to overturn, once CBP has recorded the fact you are in a romantic relationship with an American.

Being turned away and them telling you you're denied from entering is a lot different than having something stamped in your passport saying you were denied entry. If this happens, I agree, she'll not be able to enter the US without a waiver.

[Ed+Cindy 1]

Once you are denied entry (actually you withdrew your applicaiton for admission), you will not get in as a tourist again.

Actually, that's not quite true. It depends upon the denial. Quite a number of people return with their evidence and are allowed through.

I hope the OP can get his Kiwi friend in, but in my experience, INA 214b is extremely difficult to overturn, once CBP has recorded the fact you are in a romantic relationship with an American.

I don't think the OP is in a romantic relationship with the Kiwi, it seems like he's just considering saying they're dating if that would make their situation easier / more believable (not advisable if it's a lie... unless he actually wants to date her )

The facts don't matter as far as them not being in a romantic relationship. CBP believe they are (even if that belief is wrong), and CBP will have entered that belief into her file regarding the border crossing attempt. This will make future tourist crossing nearly impossible. OP please PM me and I can elaborate and my wife can maybe offer support to your 'friend'. I am sorry this happened to you. It is not a fair system.

Edited July 22, 2009 by Ed+Cindy

[SCFsnoopy 0]

The facts don't matter as far as them not being in a romantic relationship. CBP believe they are (even if that belief is wrong), and CBP will have entered that belief into her file regarding the border crossing attempt. This will make future tourist crossing nearly impossible. OP please PM me and I can elaborate and my wife can maybe offer support to your 'friend'. I am sorry this happened to you. It is not a fair system.

Ahh I see what you mean. That makes sense.

[VDavion 0]

Once you are denied entry (actually you withdrew your applicaiton for admission), you will not get in as a tourist again.

Actually, that's not quite true. It depends upon the denial. Quite a number of people return with their evidence and are allowed through.

I hope the OP can get his Kiwi friend in, but in my experience, INA 214b is extremely difficult to overturn, once CBP has recorded the fact you are in a romantic relationship with an American.

Yeah, we're not in a relationship... maybe a friendship that could turn into that, but I suppose these are nuances that CBP would be uninterested in. At this point I'm wondering whether the more involved I get the worse I am making things for her in terms of her ability to travel to the US in the future. I had been thinking of trying to get a NEXUS card so I can cross easier but maybe that would draw the wrong sort of attention. I haven't entirely given up hope on her being able to come over since at least some CBP officers seem to think she should be able to once she is employed.

[Carlawarla 1]

Once you are denied entry (actually you withdrew your applicaiton for admission), you will not get in as a tourist again.

Actually, that's not quite true. It depends upon the denial. Quite a number of people return with their evidence and are allowed through.

I hope the OP can get his Kiwi friend in, but in my experience, INA 214b is extremely difficult to overturn, once CBP has recorded the fact you are in a romantic relationship with an American.

Yeah, we're not in a relationship... maybe a friendship that could turn into that, but I suppose these are nuances that CBP would be uninterested in. At this point I'm wondering whether the more involved I get the worse I am making things for her in terms of her ability to travel to the US in the future. I had been thinking of trying to get a NEXUS card so I can cross easier but maybe that would draw the wrong sort of attention. I haven't entirely given up hope on her being able to come over since at least some CBP officers seem to think she should be able to once she is employed.

A NEXUS card is a wonderful idea!