border crossing

[kattNeric 0]

Hi all. Just had a quick question regarding laws. I've tried to look some up but geting nowhere here. We have a windsor/detroit relationship, I have had no problems crossing usual 1-2 times a week to visit him on the US side. However, I had a customs officer give me a hard time today, and he told me that once we are in the 2nd phase I am not able to cross the border at all. (we still haven't contacted the NVC yet, just got notice of approval). I had been told by another customs agent a while back that whether I am able to cross the border throughout the immigration process depends on the descretion of the customs agent that day. aka, if they are pretty sure I will return to canada, they will allow a visit to the US. I'm wondering what the US customs laws are in regards to crossing once the NVC is processing the paperwork? He mentioned getting an early parole visa but that is only relevant if I had gotten married over in the states and stayed and wanted to come back to canada for a visit and the be allowed re entry to the us(correct) I'm not sure he understood the way we are doing it is actually the legal way lol. Please, anyone who can shed some legal light or personal experience on this is appreciated. We are in a bind looking for housing and such for when the interview is over, I'm pretty worried by what I heard today. Any help in increasing the chances of crossing are very much appreciated.

Thanks, Happy Easter weekend to all!

Kat

[alizon 77]

Hi all. Just had a quick question regarding laws. I've tried to look some up but geting nowhere here. We have a windsor/detroit relationship, I have had no problems crossing usual 1-2 times a week to visit him on the US side. However, I had a customs officer give me a hard time today, and he told me that once we are in the 2nd phase I am not able to cross the border at all. (we still haven't contacted the NVC yet, just got notice of approval). I had been told by another customs agent a while back that whether I am able to cross the border throughout the immigration process depends on the descretion of the customs agent that day. aka, if they are pretty sure I will return to canada, they will allow a visit to the US. I'm wondering what the US customs laws are in regards to crossing once the NVC is processing the paperwork? He mentioned getting an early parole visa but that is only relevant if I had gotten married over in the states and stayed and wanted to come back to canada for a visit and the be allowed re entry to the us(correct) I'm not sure he understood the way we are doing it is actually the legal way lol. Please, anyone who can shed some legal light or personal experience on this is appreciated. We are in a bind looking for housing and such for when the interview is over, I'm pretty worried by what I heard today. Any help in increasing the chances of crossing are very much appreciated.

Thanks, Happy Easter weekend to all!

Kat

The bolded text above is correct. For Canadians (who don't need a visa to visit the US), it doesn't matter what stage of the process you are in. You are always allowed to cross the border so long as you have demonstrated to the customs agent's satisfaction that you do not have an immigration intent on that trip (i.e. you brought proof of ties to Canada and you don't have too much stuff in your car). My husband visited me several times during each stage of the process, but he always brought his lease, a letter from his employer, etc. showing that he was not moving. Don't worry about the early parole visa...I've never heard a CR-1/IR-1 person applying for that.

Some CBP agents are just more of a pain in the butt than others. We had one really rude person at the Sarnia crossing that suspected that my husband was moving to the US (despite his lease AND a return plane ticket!) and sent us to secondary. Once we got inside, the other officers were kind of rolling their eyes at the fact that the first officer even sent us into secondary. They let us go in a few minutes.

Edited April 8, 2012 by alizon

[pushbrk 13,033]

The bolded text above is correct.

I concur, as will many others. No matter who you are or what the circumstances, each entry is a judgment call in real time. No law forbid entry to the USA at any specific stage of an immigrant visa process.

[kattNeric 0]

I concur, as will many others. No matter who you are or what the circumstances, each entry is a judgment call in real time. No law forbid entry to the USA at any specific stage of an immigrant visa process.

Thanks for the replies so quickly. I'll redo my folder with updated information. Makes me nervous, this last part until interview is going to drag! I've had a few ask lately what point in the process we are in, was wondering why but hopefully my mortgage, bills and pay stubs will show intent to return. Hope I don't get him again though. Wonder if I could ask to go speak with someone in secondary if this was to happen...

Again, thanks for the help.

[Sandra G. 5,057]

U.S. immigration officials can exclude potential immigrants, and of course you are a potential immigrant. It's yours the the burden of

proof.

[alizon 77]

Hope I don't get him again though. Wonder if I could ask to go speak with someone in secondary if this was to happen...

I'm not 100% certain, but I'm pretty sure that they won't be able to refuse you entry at a land border without sending you into secondary. I think there is paperwork to fill out, and they might assign you an alien registration number. VJ member Saylin was refused during her CR-1 process, so maybe check with her.

[kattNeric 0]

I'm not 100% certain, but I'm pretty sure that they won't be able to refuse you entry at a land border without sending you into secondary. I think there is paperwork to fill out, and they might assign you an alien registration number. VJ member Saylin was refused during her CR-1 process, so maybe check with her.

Ok I'll try to contact Saylin then and ask what the experience was like... and if i can do anything to prevent it.

Thanks much!

[Flames9_RN 358]

It always come down to 1 factor--The POE officer!!! You can cross 100 times with no problems and then u run into that single POE officer that says NO!! Everyone has a different experience! I traveled to DC monthly from NS never had 1 single problem, never asked to see any evidence (but I always had it) You soon learn that each POE officer has hi sown take on the guidelines! Al 1 can do is have the evidence with you and be prepared. NEVER LIE!!! A simple lie can really make ur life miserable. Huge difference between a denied entry and a ban! We can all tell you we had no problems, and that 99% of people have no problems--but it all comes down to that 1 POE officer!

[Kathryn41 3,205]

If you're not already doing so, carry a copy of your immigration paperwork in your 'proofs' file as well.I used to cross at Windsor/Detroit regularly while waiting for my K-1 and was pulled into secondary twice. Each time when they got to the K- 1 paperwork in the folder, they closed it up, gave it back to me and sent me on my way (into the US). Some of the border officials are not, unfortunately, well versed in the immigration side of things and we have heard many rather remarkable - and totally inaccurate - statements from border officials. It could be that the one you are dealing with is relatively new to the US-Canadian border, having been moved up from the US-Mexican border. (One of the border authorities told me that everyone stationed at the US-Canada border has to serve at least 1 year at the US-Mexico border. The procedures involved in crossing at each border are quite different but some seem to forget what border they are stationed at and try to use the Mexican related procedures.)

So, carry your proofs package, and yes, update it on each and every visit so the paperwork reflects your current situation. One thing I found useful is to volunteer a bit of information. When they asked where are you going, I would say "I am driving to the airport to fly to Atlanta to visit my fiance for the weekend. I'll be returning XXXX evening". I always had my flight itinerary along with my identification. Except for the two times fairly early on in the relationship, I was allowed to proceed without a problem. So, if you have some sort of proof for your return plans (if you just drive across the border, maybe having proof of a doctor's visit in Canada shortly after you return, or a meeting with work, or another such appointment), you can also bring that proof with you as well. I had to renew both my home and car insurance while we were waiting so a renewed insurance policy for my apartment and my car was another good piece of evidence that I wasn't planning on moving over on that visit.

Good luck.

Edited April 8, 2012 by Kathryn41

[kattNeric 0]

If you're not already doing so, carry a copy of your immigration paperwork in your 'proofs' file as well.I used to cross at Windsor/Detroit regularly while waiting for my K-1 and was pulled into secondary twice. Each time when they got to the K- 1 paperwork in the folder, they closed it up, gave it back to me and sent me on my way (into the US). Some of the border officials are not, unfortunately, well versed in the immigration side of things and we have heard many rather remarkable - and totally inaccurate - statements from border officials. It could be that the one you are dealing with is relatively new to the US-Canadian border, having been moved up from the US-Mexican border. (One of the border authorities told me that everyone stationed at the US-Canada border has to serve at least 1 year at the US-Mexico border. The procedures involved in crossing at each border are quite different but some seem to forget what border they are stationed at and try to use the Mexican related procedures.)

So, carry your proofs package, and yes, update it on each and every visit so the paperwork reflects your current situation. One thing I found useful is to volunteer a bit of information. When they asked where are you going, I would say "I am driving to the airport to fly to Atlanta to visit my fiance for the weekend. I'll be returning XXXX evening". I always had my flight itinerary along with my identification. Except for the two times fairly early on in the relationship, I was allowed to proceed without a problem. So, if you have some sort of proof for your return plans (if you just drive across the border, maybe having proof of a doctor's visit in Canada shortly after you return, or a meeting with work, or another such appointment), you can also bring that proof with you as well. I had to renew both my home and car insurance while we were waiting so a renewed insurance policy for my apartment and my car was another good piece of evidence that I wasn't planning on moving over on that visit.

Good luck.

Ok , thank you everyone for your help. We really utilize this sight for guidence on the forms and everone elses experiences. Fingers crossed, really hoping things go ok. Good luck to you all!

[jack275 0]

Just keep a copy of your rental lease, paystub/letter from employer/utility bills etc with you at all times. More stuff the better. Even if you are going for 3-4 days try not to take too much baggage with you to make it appear you are staying there forever. Other than that dont worry-i used to be almost always sent to secondary but after seeing the documents they would let me go within a couple of minutes. If it becomes routine just let them know that you been to secondary before too

Other than that dont worrry-if you meet one bad officer chances are once they see the other stuff they ll let you thru. At primary they only have so much time to make up their mind-if in doubt they send you in not out.