Jump to content

8 posts in this topic

Recommended Posts

Filed: Other Country: Canada
Timeline
Posted

Hi there.. quick question as I realise this might have been asked before... but couldn't find it in the search option..

I'm Canadian, male, employed in Canada, live in Toronto, close to Buffalo.

My wife has a small business in Canada, leases warehouse space in Buffalo.

I've been crossing into Bflo every 1-2 months to check on her product, drop off rental cheques, pick up mail.

It's never been my current or future intention to seek work in the US. I simply don't. If I did I'd apply to do it legally.

Last week I was pulled aside as they thought I am doing work. I said I didn't know what I was doing was considered work and it was an honest mistake.

They kind of understood that.

I was issued a "notice for refusal of admission" and, I'm guessing, I am now flagged.

They mentioned I could come back on personal grounds provided I showed proof of return tickets, etc. evidence of my temporary stay

I have a vacation scheduled for FL next month and I'm flying with family out of Toronto airport.

Question:

- What are the chances I will be admitted/refused considering I am bringing all documentation?
I've read, some say shouldn't be a problem, others say I will get pulled aside, etc...
I wanted to get further opinions..
Thanks for your time and help in advance..
Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Moved to the Canada Forum, from Work Visas~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

I don't have personal experience with this... but it sounds like as long as you have the documentation that you are definitely returning to Canada, then it should be OK. When my husband comes to visit, he always get a letter from his employer stating what days he has off and when he is expected to be back at work.

Purely opinion - if you are flying to Florida with your family and you have a return ticket, that would strongly indicate that you are not coming to the states to work and that this would be a personal visit. It also seems even more convincing that you are going to Florida with no intention to work because this trip is outside of your normal pattern -

Anyhow, good luck and I hope you have a wonderful vacation!

s-event.png s-event.png
IR-1/CR-1 Visa : National Benefits Center NVC Received: 2014-01-08
Consulate : Montreal, Canada NVC Case Number: 2014-02-07
Marriage : 2013-02-22 Paid I-864 Bill: 2014-02-13
I-130 Sent : 2013-03-16 Sent I-864 Docs: 2014-02-14
I-130 NOA1 : 2013-03-20 Paid IV Bill: 2014-03-03
Trans. to NSC : 2013-11-05 Sent IV Docs: 2014-03-04
I-130 NOA2: 2013-12-16 Submitted DS-260: 2014-03-06

Case Complete 2014-03-21

Interview & APPROVED 2014-05-08

POE 2014-06-21

Filed: Other Country: Canada
Timeline
Posted

I don't have personal experience with this... but it sounds like as long as you have the documentation that you are definitely returning to Canada, then it should be OK. When my husband comes to visit, he always get a letter from his employer stating what days he has off and when he is expected to be back at work.

Purely opinion - if you are flying to Florida with your family and you have a return ticket, that would strongly indicate that you are not coming to the states to work and that this would be a personal visit. It also seems even more convincing that you are going to Florida with no intention to work because this trip is outside of your normal pattern -

Anyhow, good luck and I hope you have a wonderful vacation!

Thank you very much for your nice reply...I really appreciate it.

I tend to be of the same opinion as you, especially given that the incident I went thru was an honest mistake on my part in not knowing they considered my trips to drop off payment cheques as work

Thanks again for replying...all the best to you

Filed: AOS (apr) Country: Canada
Timeline
Posted

I don't have personal experience with this... but it sounds like as long as you have the documentation that you are definitely returning to Canada, then it should be OK. When my husband comes to visit, he always get a letter from his employer stating what days he has off and when he is expected to be back at work.

Purely opinion - if you are flying to Florida with your family and you have a return ticket, that would strongly indicate that you are not coming to the states to work and that this would be a personal visit. It also seems even more convincing that you are going to Florida with no intention to work because this trip is outside of your normal pattern -

Anyhow, good luck and I hope you have a wonderful vacation!

I agree, I was flagged when visiting my then fiancé- I didn't show ties to Canada. I visited every other weekend since that point (before moving to the us), showing my ties; and didn't have a problem.

Now, I can't tell you what is going to happen; just my experience... If you have a return ticket, that would be an indication that you would return.

As for future trips to Buffalo, I would show strong ties to Canada. When I was flagged, I brought a letter from my employer, a lease agreement, credit card statement (to show that I spent the majority of my time in Canada). A border agent recommended this to me. No need to panic, I'm not saying you will need to provide that much information, just something to keep in mind if are pulled into secondary again.

Good luck, and enjoy your vacation!

K1 Visa

I-129F Sent : 2013-02-18

I-129F NOA1 : 2013-02-26

I-129F RFE(s) : 2013-06-17

RFE Reply(s) : 2013-07-01

I-129F NOA2 : 2013-07-08

Interview Date : 2013-08-09

Interview Result : Approved

Visa Received : 2013-08-15

US Entry : 2013-08-17

Marriage : 2013-09-13

Employment Authorization Document

Date Filed : 2013-11-04

NOA Date : 2013-11-06

Bio. Appt. : 2013-12-24

Approved Date : 2013-01-10

Date Card Received : 2014-01-17

Adjustment of Status

Date Filed : 2013-11-04

NOA Date : 2013-11-06

Bio. Appt. : 2013-12-24

Interview Date : 2014-02-06

Approved : Yes

Greencard Received: 2014-02-13

Filed: Other Country: Canada
Timeline
Posted

I agree, I was flagged when visiting my then fiancé- I didn't show ties to Canada. I visited every other weekend since that point (before moving to the us), showing my ties; and didn't have a problem.

Now, I can't tell you what is going to happen; just my experience... If you have a return ticket, that would be an indication that you would return.

As for future trips to Buffalo, I would show strong ties to Canada. When I was flagged, I brought a letter from my employer, a lease agreement, credit card statement (to show that I spent the majority of my time in Canada). A border agent recommended this to me. No need to panic, I'm not saying you will need to provide that much information, just something to keep in mind if are pulled into secondary again.

Good luck, and enjoy your vacation!

thanks for your reply. much appreciated...

Filed: K-1 Visa Country: Wales
Timeline
Posted

The issue was that he was working illegally, not that he did not have ties.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Other Country: Canada
Timeline
Posted

The issue was that he was working illegally, not that he did not have ties.

I wasn't working. I used to cross every 4 weeks or so for 2 hours to drop off cheques for rented space at a warehouse. and to pick up mail.

At least I was unaware that was considered work.. i have never got a cent for work in the US, nor have i ever held a job at any company in the US.

i am gainfully employed in Canada and was merely helping my wife. the CBP realized i was unaware they considered this "work" and that was that.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...