What happens if I get denied at border as IR-1 is pending?

[Benjamin44 10]

Hello all,

So, I am a Canadian citizen waiting for my IR-1 visa to be issued by the Consulate abroad (not in Canada) where I live (filed DCF)- all the paperwork is compelte, me interview was ages ago, I'm just waiting for my visa to arrive.

As it happens, I am now on my way to visit the U.S. for a temporary visit (only about 9-10 days). I know that I am allowed to visit while my visa is still pending, and I also know that there is a chance I will be denied entry (although personally I do not think that will happen, I doubt I will even show up in the system). I am flying from overseas directly into the U.S., with no stops to my former home in Canada unfortunately, though I will be going to Canada at the conclusion of my 10-day visit in the U.S. My question is- what happens if they deny me at the airport in the U.S. (at JFK)? What will they do with me? Does anyone know the procedure if this happens? What I would like in that case would be to be able to go to Canada- I just don't know if they will let me do that, since I am not coming from there? Do they just have to send you right back where you came from? I might think that, since I can show I am a Canadian citizen (with my passport), they shouldn't have any problem if I want to go there instead, but I don't know the rules. If anyone has any experience with this, that would be so helpful!!

Thanks.

[SF2007 48]

If the POE officer asks who you are going to visit and if you have family in the US you will have to tell them the truth. When they hear you're married to a USC, that's when you might be denied.

I would strongly recommend you bring your NOAs and your interview confirmation letter to prove you're doing the immigration process the right to ease any thought they might have of you trying to immigrate illegally. Also make sure you are not taking more stuff than the length of your stay does require. That being said, if your interview was ages ago, you should get your visa shortly, why not wait for it?

You can always ask the custom officers to be rescheduled on a fly back to Canada but it's not guaranteed. They won't make travel arrangements for you, they will just call the airline company you did business with and tell them they need to make room for you on their next flight to where you came from. If the airline you're using to fly to the US doesn't fly from the that airport to Canada, your hopes are not high they will accommodate you :/

Edited August 3, 2011 by SF2007

[Benjamin44 10]

If the POE officer asks who you are going to visit and if you have family in the US you will have to tell them the truth. When they hear you're married to a USC, that's when you might be denied.

I would strongly recommend you bring your NOAs and your interview confirmation letter to prove you're doing the immigration process the right to ease any thought they might have of you trying to immigrate illegally. Also make sure you are not taking more stuff than the length of your stay does require. That being said, if your interview was ages ago, you should get your visa shortly, why not wait for it?

You can always ask the custom officers to be rescheduled on a fly back to Canada but it's not guaranteed. They won't make travel arrangements for you, they will just call the airline company you did business with and tell them they need to make room for you on their next flight to where you came from. If the airline you're using to fly to the US doesn't fly from the that airport to Canada, your hopes are not high they will accommodate you :/

Thanks for your reply!

I did DCF so I don't have any NOAs. I also don't have any interview letter- I never got one, I found out about the interview by phone, don't ask. I can bring my Packet 3 cover, my receipt that I paid for my visa at the interview, AND-perhaps most importantly- an email from the Consulate saying when the visa will be ready by (about 2 weeks after my visit begins). But the truth is- why will I need these things? If I DO show up in the system, won't he be able to see that I'm immigrating legally and going through the process?? It will be precisely BECAUSE of that fact that he's stopping me regardless! And if he asks me the purpose of my trip, I can just say "vacation and visit some family", which is the complete truth- in fact, most of the family I will be visiting will NOT be my wife. But I don't even know why I'd even have to hide that my wife is a USC- We've been married for more than 2 years already, and have even travelled TOGETHER, and declared that we were married, and of course they could see that I was in the "aliens" line and she wasn't with me. It's never been a problem- it was just a visit, as will this be. But, I will bring those things just in case, along with a letter from my landlord saying I have a home abroad.

As for the airline- thanks for the advice!!! That's a huge help, and I will check for that when booking my ticket. I think I will be flying Delta, and they for sure have flights from NY to Toronto. And I'm sure they'd rather I take that than a flight back overseas, which is a more costly seat.

I wish I could wait for the visa, unfortunately scheduling circumstances are such that I can't. When it comes, I will have it shipped to my family in Canada where I will be staying, and will do POE from Canada at a land border/

[SapphireDreams 71]

I'm sure you'll be fine, but it can't hurt to have documentation around your visa/interview ready in case you need to prove that you are intending on leaving and just visiting. While it would seem obvious that they would already have information on your immigration stuff in their system, you can't rely on that because they might know. No one knows for sure what they can and cannot see in their "system" so be prepared to cover yourself.

Keep in mind that you will be responsible for the flight back to Canada financially if they deny you entry. I've flown Delta from JFK to Toronto, so you should be fine there if it comes to that. But, I'm sure it wouldn't be cheap! Same day flights out of NYC are crazy.

Do you have a return ticket to Canada once your trip is over? They'll be looking for that.

[Benjamin44 10]

I'm sure you'll be fine, but it can't hurt to have documentation around your visa/interview ready in case you need to prove that you are intending on leaving and just visiting. While it would seem obvious that they would already have information on your immigration stuff in their system, you can't rely on that because they might know. No one knows for sure what they can and cannot see in their "system" so be prepared to cover yourself.

Keep in mind that you will be responsible for the flight back to Canada financially if they deny you entry. I've flown Delta from JFK to Toronto, so you should be fine there if it comes to that. But, I'm sure it wouldn't be cheap! Same day flights out of NYC are crazy.

Do you have a return ticket to Canada once your trip is over? They'll be looking for that.

Oh wow. That's interesting that I would be responsible financially. Won't the airline have to take me? If someone gets denied at a POE and is shipped back to where they came from, I'm sure they don't pay. Why would this be different? If anything I'm saving the airline money because Canada is a much less expensive seat than going back overseas. Not that I would do this intentionally, but what would happen if a person is denied entry and doesn't have means of paying for the flight back out? They can't keep you at the airport forever.

No, I won't have a "return" ticket to Canada for the end of my trip. Firstly, I'm not coming from Canada. Also, I'm not flying to Canada at the end of my trip, I will be driving out. Is that going to run me into trouble? Again, I will bring on me my Packet 3 letter, an email from the Consulate about when my visa should arrive, receipt that I paid at the Consulate, and my "denial" letter from my interview day which was really just a letter saying what documents I still needed to bring. Any other ideas?

[SF2007 48]

Sorry to say you don't seem to have a very strong case. Not being able to prove you'll be leaving the country when you said you would is a big bright waving red flag. You have a letter saying your visa has not been granted yet. You have immigrant intent because you applied for an immigrant visa. Your wife is currently in the US.

If you had a car rental already set up to drive to Canada and you could prove that, that'd be good. Remember the basic principle : they don't have to let you in. You have to prove you will be leaving the US because you are coming in as a visitor. If they think you're trying to overrun your visa and intent to not leave the US, they will unfortunately deny you entry. And if so I'm pretty confident Uncle Sam is not footing the bill.

[Benjamin44 10]

Sorry to say you don't seem to have a very strong case. Not being able to prove you'll be leaving the country when you said you would is a big bright waving red flag. You have a letter saying your visa has not been granted yet. You have immigrant intent because you applied for an immigrant visa. Your wife is currently in the US.

If you had a car rental already set up to drive to Canada and you could prove that, that'd be good. Remember the basic principle : they don't have to let you in. You have to prove you will be leaving the US because you are coming in as a visitor. If they think you're trying to overrun your visa and intent to not leave the US, they will unfortunately deny you entry. And if so I'm pretty confident Uncle Sam is not footing the bill.

Well, you could be right... but I don't have much choice but to risk it. But what I'm not sure I get is where it seems that I'm trying to overrun my visa and stay illegally. Why would someone who is about to be issued a visa- and can prove that- want to stay indefinitely illegally?? They can get their visa and then stay LEGALLY!! That's the part that doesn't make much sense... but you seemed to say that a letter saying I had not been granted my visa yet is NOT a good thing to show. What do others think?

Also, has anyone out there who has done DCF EVER been denied entry? I might think that since all my processing so far has been abroad, that I might not show up in their system in the States.

[SapphireDreams 71]

I could be wrong about paying your own way back if you are denied, you might want to call the airline or POE to ask how that works so you are prepared. I can't see how an airline or the US gov't would eat that cost, but I could be wrong.

After re-reading your post, I'm a bit confused though. If you are still waiting for your visa to arrive, how do you still have your passport? Don't they need your passport to issue the visa in?

Are you planning on waiting in Canada until the other country's consulate issues your visa? Or do you have a flight planned back to where you came from eventually to get the visa issued in your passport?

[Benjamin44 10]

I could be wrong about paying your own way back if you are denied, you might want to call the airline or POE to ask how that works so you are prepared. I can't see how an airline or the US gov't would eat that cost, but I could be wrong.

After re-reading your post, I'm a bit confused though. If you are still waiting for your visa to arrive, how do you still have your passport? Don't they need your passport to issue the visa in?

Are you planning on waiting in Canada until the other country's consulate issues your visa? Or do you have a flight planned back to where you came from eventually to get the visa issued in your passport?

With regards to the passport question- I have 2 passports, as I have 2 citizenships. The Consulate where I am coming from has already got the passport from that country- in fact, they've had it for 3 weeks. They will issue the visa in that passport and send it- there is no other work waiting to be done on it, as I have stated. My Canadian passport is with me, and I will use it to enter the U.S. Actually, I am hoping that- since I used my foreign passport for all my processing at the Consulate, and I will be entering with my Canadian passport- that that is another reason why I won't "match" in the system.

As for the airlines- it's not like the airline or the U.S. government is "eating" anything. The airline can just put me on the next flight that already has an empty seat on it. It doesn't cost them anything- they are already flying the plane!! I may have to wait until a flight that is not entirely full comes along, but that shouldn't be too long on common legs. Also, I think the idea behind it is that it is the airline's job to make sure I can legally enter- although in this case, I don't see how they could have done that, I have my Canadian passport which normally is proof enough of eligibility to enter...

[Benjamin44 10]

Are you planning on waiting in Canada until the other country's consulate issues your visa? Or do you have a flight planned back to where you came from eventually to get the visa issued in your passport?

Sorry forgot to answer this... yes, the plan is to wait in Canada until I get the visa. It will arrive here, and a family member will send it to me in Canada where I will be staying, and then I will do POE by land. The reason for this is it would be annoying to be in the U.S. with the visa, as then I would have to drive to a land border to go out and come right back in again to activate it. But I already have a planned visit to Canada anyway, so it's a good chance to wait for the visa and use it on the way in, especially since by then it will almost for sure have arrived...

[SapphireDreams 71]

Ah okay, that all makes sense. I think you have a very unique situation on your hands.

Ultimately, the onus is on your to show proof of ties/proof that you're just visiting if and when they ask. I think that this is a case of not knowing what will happen until you actually go through with it.

[Benjamin44 10]

Ah okay, that all makes sense. I think you have a very unique situation on your hands.

Ultimately, the onus is on your to show proof of ties/proof that you're just visiting if and when they ask. I think that this is a case of not knowing what will happen until you actually go through with it.

You might be right. But let me ask you Saphire- have you ever heard of anyone doing DCF whom the guard at the borderstopped and said, "Wait, you are applying for an immigrant visa?" I would be interested to know if it were even possible, considering I did the whole process abroad and with a different passport. Do you know how linked their systems are?

[Inky 1,111]

Also, I'm not flying to Canada at the end of my trip, I will be driving out. Is that going to run me into trouble?

With a US rental car on a Canadian passport driving to Canada?

[Benjamin44 10]

With a US rental car on a Canadian passport driving to Canada?

No, in my family member's car. Yes, on my Canadian passport- surely this is okay for entering Canada??

[Inky 1,111]

No, in my family member's car. Yes, on my Canadian passport- surely this is okay for entering Canada??

I have seen Canadians have issue with driving US plate cars with US insurance into Canada.

1, Recently someone was told they had to import the car to Canada and get all new insurance and plates on it from Canada.

2, Someone was told they cannot drive a US car into Canada on a Canadian license or passport because its American.