Denied entry on a visitor visa & TN impact?

[julia97 0]

Hi Everybody!

I am so worried since i got denied entry last week...Below is my situation:

I have been unemployed since last year. So i went to see my best friend in California last Thanksgiving. She just got divorced, then i was there with her for 3 and half months and back to Toronto this March. I need to see my daughter and file our tax returns. My daughter is 19 in Mcgill University.

After being done all of this, my friend asked me to come over there again ( she needs my support emotionally) and i felt i had nothing to do in Toronto, and i could apply to jobs online too. I am a single mother by the way. So i decided to go to California again.

But i got a Form I275 at Toronto airport, which indicated that i was allowed to withdraw my application for admission. Their evdence were: i had one way ticket, unemployed, and only had $100 in pocket.

The fact was, i used to take Virgin American because of the cheaper prices. But the back ticket of 3-weeks later were not available. I did not intend to stay there long, so only took my credit cards.

The officer stated in I275 that i "appears to be high risk intended immigrant and will need provide proof of ties to Canada"

I am a Canadian citizen and a CGA & CPA. I planned to apply for TN after a job offer....

So now my questions are:

1) What impact would be on my future possible applicant of TN visa? I know TN is a nonimmigrant visa...

2) How could i re-enter if i had to for a job interview?

3) Can I try re-enter on a visitor visa after trying to show my ties to Canada, and apply for TN in the USA? What is the difference between applying for TN visa inside USA and at border?

Any ideas? Thank guys in advance for any advices!!

Julia

[YuAndDan 153]

Denial on a visit visa or VWP, tends to not impact visa types that allow residence in the USA like an immigrant or TN visa. You were not denied entry based in an inadmissibility reason, you were denied entry because it looked like you had immigrations intent.

[Harsh_77 718]

You will not be able to enter US and look for job, in your case you will have to have a job first and then file for TN visa.

When you apply for TN visa, you are letting the US govt know that you are intending to work in US legally and you might change your mind and might want to immigrate to US in future.

No Job for a year, no sufficient ties to CA as you got a teenage daughter who will be independent shortly or is mostly likely independent – shows you could be potential immigrant and you might not return back to CA.

You might have an issue might not if you overstayed your VWP last time. B1/B2 would be difficult to get, you never know.

[canadian_wife 1,823]

You might have an issue might not if you overstayed your VWP last time. B1/B2 would be difficult to get, you never know.

Canadians do not travel on the VWP - we have different travel restrictions/requirements than a VWP country

OP - unless your ties change, as in you acquire more, you are unlikely to be granted admission into the US. You certainly cannot enter to go to a job interview, that has immigrant intent written all over it

What can you do to increase your ties to Canada?

Good luck

[julia97 0]

Canadians do not travel on the VWP - we have different travel restrictions/requirements than a VWP country

OP - unless your ties change, as in you acquire more, you are unlikely to be granted admission into the US. You certainly cannot enter to go to a job interview, that has immigrant intent written all over it

What can you do to increase your ties to Canada?

Good luck

Very appreciate all responses!

I am thinking what i can do is to get a job in Canada in order to increase my ties to Canada. Is that the only thing i can do for noow?

Thanks again!

[canadian_wife 1,823]

What about a lease/mortgage? Car payments on a car that you are leaving in Canada? Utility bills on your home?

What else can you get?

So you'd get a job in Canada just to be admitted into the US to....look for another job?

Good luck

[julia97 0]

What about a lease/mortgage? Car payments on a car that you are leaving in Canada? Utility bills on your home?

What else can you get?

So you'd get a job in Canada just to be admitted into the US to....look for another job?

Good luck

I thought lease agreement, car payments, unitilies...are not strong enough to indicate my strong ties...

[julia97 0]

Denial on a visit visa or VWP, tends to not impact visa types that allow residence in the USA like an immigrant or TN visa. You were not denied entry based in an inadmissibility reason, you were denied entry because it looked like you had immigrations intent.

But in order to get TN approved, i have to show non-immigrant intent. That is why i think my record will have negative impact when applying for TN in the future.

[julia97 0]

You will not be able to enter US and look for job, in your case you will have to have a job first and then file for TN visa.

When you apply for TN visa, you are letting the US govt know that you are intending to work in US legally and you might change your mind and might want to immigrate to US in future.

No Job for a year, no sufficient ties to CA as you got a teenage daughter who will be independent shortly or is mostly likely independent – shows you could be potential immigrant and you might not return back to CA.

You might have an issue might not if you overstayed your VWP last time. B1/B2 would be difficult to get, you never know.

I did not overstay

Yes, that is exactly my problem which i will probably have:

Can't re-enter---can't have job interview----can't have a job offer

Such a bad mistake! I totally ignored them. Thought i was holding a passport traveling between Toronto and Montreal!

[Harsh_77 718]

Canadians do not travel on the VWP - we have different travel restrictions/requirements than a VWP country

OP - unless your ties change, as in you acquire more, you are unlikely to be granted admission into the US. You certainly cannot enter to go to a job interview, that has immigrant intent written all over it

What can you do to increase your ties to Canada?

Good luck

CAs dont have the 90 days of travel like VWP?

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Edited April 7, 2011 by Harsh_77

[M&Pooh 12]

CAs dont have the 90 days of travel like VWP?

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No, they have 6 months.

[Dakine10 5,452]

CAs dont have the 90 days of travel like VWP?

\.

Canadians don't require a visa to enter the USA as non-immigrant visitors, as long as they are not otherwise inadmissible . The length of stay allowed is 6 months. This used to be problematic as without a record of entry, it was more or less an "honor system".

I think now it's tracked more closely due to the WHTI. I haven't travelled by car to Canada since before the WHTI was implemented so I'm not completly sure how they record everything.

[Harsh_77 718]

No, they have 6 months.

Was not aware CAs have 6 month over 90 days, in that case OP would not have problem of overstay.

If she really wants to work in US then she needs to find a job in US and file for TN.

Canadians don't require a visa to enter the USA as non-immigrant visitors, as long as they are not otherwise inadmissible . The length of stay allowed is 6 months. This used to be problematic as without a record of entry, it was more or less an "honor system".

I think now it's tracked more closely due to the WHTI. I haven't travelled by car to Canada since before the WHTI was implemented so I'm not completly sure how they record everything.

I am sure this was problem earlier before the tracking system, as I know even the passport were not required all you needed were the IDs.

[julia97 0]

Canadians don't require a visa to enter the USA as non-immigrant visitors, as long as they are not otherwise inadmissible . The length of stay allowed is 6 months. This used to be problematic as without a record of entry, it was more or less an "honor system".

I think now it's tracked more closely due to the WHTI. I haven't travelled by car to Canada since before the WHTI was implemented so I'm not completly sure how they record everything.

American side has a record of entry, but does not have a record of leaving. I told them truthfully that i have been there for more than 3 months....

[Harsh_77 718]

R u sure they did not look at your passport when you left the country? It does not make any sense to me, there would be system that tracks ppl leaving the country, which either you or me are not aware of.

If they don’t have a tracking system, then any criminal can leave the country after committing a crime.