Scared straight

[charlie baltimore 0]

Hello,

As I mentioned in a previous post, my bf is Canadian and stayed in the US with me for 4 months (no problem) and then when we went to visit his family in the Toronto area for a holiday weekend he was denied entry back into the states because he didn't bring proof of ties and said he was going "home" which convinced the POE agent he was planning on staying illegally in the states.

He wasn't, we were going to see his uncle to arrange everything for when his time was up here, however they didn't believe him. He was thinking of making a quick trip for a concert we had planned to go to before he was denied entry, and called the US Immigration office and the gentleman told him that he would be denied for a year now and added that he may not even be able to make a connecting flight.

Is this possible? He is not a criminal, has no record, and the agent at the border said wait 30 days, not a year!! Is this a tactic to dissuade him from even trying or could it be true?

Thanks for everyone's help!

[Flames9_RN 358]

Don't be upset with POE officers, they are just doing their job--be upset with the morons that try to break the law, lie to POE officers!!

[canadian_wife 1,827]

Of course it is possible, if they think he has immigrant intent (which obviously they did because he had stayed in the US for 4 months and actually called it his 'home') they can deny him - as they did myself...twice

He is not banned, he can try again anytime he wants. Don't expect any miracles as it will be exponentially more difficult for him to enter. He will likely be pulled into secondary inspection and asked to produce strong ties to Canada...does he have these?

CBP was simply doing their job. I am not mad at the US or CBP for denying me twice, it is just their job.

PS - I was admitted successfully after my 2 denials...a mere 2 weeks after my 2nd denial

good luck

[charlie baltimore 0]

I know that the POE was just doing his job and it was definitely the "home" part that convinced him- neither one of us had ever done this before so we didn't know what to say or bring with us.

He is self employed and staying with his uncle, so his proof of ties are a bit weak. It just seems severe that he would be prohibited for a year.

[Flames9_RN 358]

All depends what they jotted down in the computer! Sometimes they do deny you entry, and thats it. As Cdn_wife mentioned they were denied entry, but were successful later on! Many in the same boat as them! All depends what the POE border said and jotted down!

[canadian_wife 1,827]

Don't be upset with POE officers, they are just doing their job--be upset with the morons that try to break the law, lie to POE officers!!

Flames is right, those people ruin it for the rest of us

Was anything written in the passport to indicate a ban? The POE officer said I needed to wait 6 months before trying to enter again. I tried 2 weeks later with HEAPS of ties (even then a supervisor had to make the call as 2 CBP officers disagreed on whether to let me in). So it all depends

And yes, you can find out what was put into the computer by doing a Freedom of Information Act Request (FOIA) however, that takes MONTHS to obtain and not worth it in your case

Good luck

[charlie baltimore 0]

The guy he spoke with yesterday told him that two pay stubs would mean nothing to them at the border. And this woman I spoke with said even if he had a visa he could still be denied and that they hear the same story all day long.

I think it's a lost cause within the next year or so.

[S and P 9]

The guy he spoke with yesterday told him that two pay stubs would mean nothing to them at the border. And this woman I spoke with said even if he had a visa he could still be denied and that they hear the same story all day long.

I think it's a lost cause within the next year or so.

he will need to show STRONG ties to Canada and lots of them.....

does he have a job that will be waiting for him and willing to give him a letter stating so? does he have an lease agreement where he lives that he can show.. or utility bills in his name?? are you in the process of a k-1 visa?? and if so have you any documentation from this point in the process he can show?? how is he crossing? a return airline ticket would be a good way to show his intent to return.

My fiance' was denied at the border and was flagged... (he wasn't employed at the time and lived with family... so it was hard to show strong ties)....it took time but he was able to get together enough evidence of his intent to return....and was able to come back into the US with a B2 visa they issued at the border... after showing good faith and returning by the date stamped on his visa, he was able to cross two more time.....each time got a little easier....

It has been a real pain to deal with... but you do what you gotta do....good luck to you!!

[warlord 73]

Yep I agree with what everyone else said. He set up a huge red flag with the 'home' part and that in itself is grounds for major problems regardless if he realized it was or not. It's like saying 'bomb' in an airport, people are going to take that seriously.

Since he was already in the US for 4 months, that too didn't help out when he said 'home' especially with no ties. The only one at fault here is your boyfriend and he will now have to deal with the repercussions...

[SF2007 48]

There are a lot of gray areas when visiting the US as a Canadian. You can stay for 6 months at a time and technically, you could cross the border for a day and come back for another 6 months. But you cannot live in the US unless you have the required visa. POE officers have to make a call based on their guts and interpretations of the laws.

It happened to me as well (and a LOT of people). I stayed 5 months in the US with my boyfriend, flew back home in Canada for 3 months and was denied entry when I tried to re enter for another 5 months trip. When asked about my relationship status I said we had just gotten engaged and were planning to file for a K-1. I was self-employed and temporarily living at my parent's... all red flags to them. My return ticket, private travel insurance coverage for the length of my intended trip and Canadian bank accounts and investments didn't cut it as proof of ties. They told me to fly back home, get a visa or a waiver and come back. Which I did. I thought they would bring it up when I crossed with my visa last week but I didn't have any issue with it (I never tried to re enter during the visa process).

We often think that because Canadians are not refugees or fleeing their country in hope of a better life means US immigration rules don't apply to us. Which is obviously ridicule because we are from a foreign country.

You might want to consider getting a fiance or spouse visa for your loved one. Him visiting you again in the US without a visa is not impossible but it's like gambling in a casino : he better have a good hand

Best of luck!

[Sergi9 110]

Flames is right, ""those people"" ruin it for the rest of us

Was anything written in the passport to indicate a ban? The POE officer said I needed to wait 6 months before trying to enter again. I tried 2 weeks later with HEAPS of ties (even then a supervisor had to make the call as 2 CBP officers disagreed on whether to let me in). So it all depends

And yes, you can find out what was put into the computer by doing a Freedom of Information Act Request (FOIA) however, that takes MONTHS to obtain and not worth it in your case

Good luck

??? This is rich, I am not picking on you but if I recall correctly you had a CIMT and needed a waiver to AOS, so "technically" you were not eligible for the VWP program and were bopping back and forth right?

Hmmmm ,, interesting comment

Edited June 22, 2011 by Sergi9

[Sergi9 110]

??? This is rich, I am not picking on you but if I recall correctly you had a CIMT and needed a waiver to AOS, so "technically" you were not eligible for the VWP program and were bopping back and forth right?

Hmmmm ,, interesting comment

MY BAD... that was another Canadian ... ooops

[canadian_wife 1,827]

??? This is rich, I am not picking on you but if I recall correctly you had a CIMT and needed a waiver to AOS, so "technically" you were not eligible for the VWP program and were bopping back and forth right?

Hmmmm ,, interesting comment

Negative.

No AOS, no CMIT and no waiver. You must be thinking of someone else - ours was a simple CR-1 visa. I was denied entry because I spent 3 years in the US on a student visa, moved back to Canada and wanted to visit shortly after I moved back. Obviously after having spent 3 years in the US the bar was set higher for me to show ties. Once I did, I was admitted without issue.

And Canadians do not travel on the VWP

Edit to add - just saw your apology - thanks

Edited June 22, 2011 by canadian_wife

[charlie baltimore 0]

SF2007 Thanks for your advice. We just met in November of last year and are not ready to consider marriage at this point. We talked about it, but neither one of us want to get married just because he can't get into the country.

I think time will tell what ends up happening but thankfully I can go visit him often.

[thetreble 19]

SF2007 Thanks for your advice. We just met in November of last year and are not ready to consider marriage at this point. We talked about it, but neither one of us want to get married just because he can't get into the country.

I think time will tell what ends up happening but thankfully I can go visit him often.

That's actually a very mature response. You would be surprised at how many people who get denied entry at a border crossing go and get married just so they can see their significant other again, even though they've known eachother just for a few minutes or have only met once!