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Posted (edited)

A year ago before beginning the paper process I wanted to go to the states to be with my husband and got an application or entry withdrawn at the airport. Because I had “weak ties to Canada “ and at secondary I ended up being truthful about why I’m really going. He was nice enough to not say I’ve committed fraud how ever he told me that when I start my paper process from Canada that they will ask about it on my interview. I have mine in a few days and I’m a nervous wreck about it. Will they hear the recording of the conversation at secondary customs in the airport ?  

Also what do I say? 

My lawyer said to say I did not know I should apply before I left to Canada from the states in the first place. Because I did have my wedding in the states and spent a few months there.  

Which is the truth I should have applied before going to see my mom for 2 weeks 

Edited by Arir97
Posted (edited)

Yes you can immigrate if you've been denied entry.  Glad you told the truth.   Do not be sorry that you did.  

Edited by NikLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted
On 11/19/2017 at 11:44 AM, NikLR said:

Yes you can immigrate if you've been denied entry.  Glad you told the truth.   Do not be sorry that you did.  

im a nervous wreck. its on wednesday morning. am i suppose to admit to knowing i was lying at customs ?? or do i say i didn't know, I'm horrible at lying but even my attorney is telling me to say i didn't know. 

 

Posted

You had entry withdrawn due to weak ties.  You could say you were trying to commit fraud but failed due to weak ties if you want or just say you were denied entry due to weak ties.  Up to you to be honest and both are the truth. They didnt charge you with anything so its not like you have a ban.

 

They really cant deny an immigrant visa because you failed to commit fraud or because you were denied entry. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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

I tried crossing the border with a Uhaul back in Jan. I was denied entry and processed. I thought it was a huge deal because they take your fingerprints and a photo. This situation actually happens more often than you think. Or at least that is what I am told. I've talked to numerous customs officials about my case along with our lawyer. I was afraid like you that it would somehow impact our petition. But have been told by everybody that it won't. As a Canadian many of us don't know the rules. Gosh even the border guards themselves are fuzzy on the rules and my last trip I had to explain why my son does not fly on a US passport. Be honest in what happened and you won't have an issue. In fact I have been told that your denial showing intent to move can actually work in your favor because it shows you are dedicated to moving there.

 

I was so afraid of my denial I was not going to be able to travel at all during our IR1 process. I am flagged at the border and get to go through secondary every time. If there was even a sliver of chance my petition would get denied over what happened they never would let me cross. I was told when it happened it's actually considered a minor offense. I begged him to tell me if it would affect any chance at a green card because there was no point to try if we were going to fail. He said it didn't and just that I had to go back to Canada and do it the legal way.

 

You tried to cross the border because you probably honestly thought what you were doing was right. It's not against the law to do that. I thought what we were doing was legal and for a lot of people it works! If you take a look through these threads you will find dozens of Canadians that did exactly what we did (cross and AOS) and had no problems. In fact the last secondary customs official I got asked why I did not do just that! I said I tried but obviously failed!

 

As another border official told me she said a lot of people don't know the rules. They aren't written anywhere and are so subjective.

 

I get asked all the time at the border because the screen prompts. The prompt provides no details on what happened. From what I understand the interviewer has access to all records of crossings. From what I understand they will ask you what happened. But that's about it. People get denials at the border all the time due to lack of ties. I am sure your interview will go smoothly!

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

CONGRATS ARIR97!!!!!!!!! I am so happy for you! Thank you so much for following up as I was fairly certain of my answer but you never know! I am so glad the information that is put out there is in fact true! You must be absolutely thrilled to have your Visa approved!

 

After a long 9 1/2 months I finally got my i130 approved today in Nebraska. While it's not a full approval I am so happy to start finalizing this process.

Posted

If it’s anything like the cr1, Once I got my petition approved it was super fast from there. It was at the nvc within 3 weeks submittied everything online in 1 week and  got a letter with my interview date a week later. Although my interview date was 2 months away from the date they sent me the letter. still really fast procedure after the petition approval.

 Also I had no idea any of that was said online I was really expecting her to question me on my intentions when I got withdrawn but not at all. 3 days of major anxiety,sweating bricks and no sleep for nothing. 

But my attorney and a family friend told me if u were withdrawn addmision that means they didn’t write that I lied and let me off easy. And admitting to that is a big no no it’s setting yourself up for a declined. Why mention it when the US customs officer didn’t mention it? He did me a favor and I was planning on taking it, if they asked at the interview 

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

Thank you so much for sharing your experience Arir97 as I have been curious with a fellow Canadian. I know our process is quite different than other countries.

 

Not sure about you but my i130 was sent to Nebraska and it took over 9 months. It was a tough wait but so glad it's over! That's shocking it only takes 1 week after they set up the case at NVC. I heard it gets expedited but can't believe it's THAT fast! This gives me hope I will be done NVC by the end of the year!

 

It feels like it would be a miracle if I could walk away with a Visa in hand in the next 3 months. It honestly would after first getting denied at the border last Jan.

 

I watch Border Security a lot and have seen people withdraw admission. I am not sure if you got processed like I did with fingerprints and a photo. I don't think Canadians are treated the same as other countries. I honestly thought what I was doing was perfectly legal. I do think most people see the situation for what it is. There is a big difference between trying to enter to legally adjust status and illegally trying to sneak into the US. I do think it's too bad the rules are such that the more effective people lie the more likely they can AOS. We all just want to be with our loved ones! Why can't the process be the same for everyone?

 

The important thing is you are done! Finished! Complete! That is so exciting! I have no doubt when it comes time for my interview I will be a nervous wreck just like you. I don't take the Visa for granted anymore.

Posted

Also I really was stressing over nothing. The way they go about the interview Is like hey ur not a smuggler or a terrorist. Never over stayed a b2 visa. Didn’t get charged with Fraud( lying to us customs) ur approved. Withdrawal is nothing to them . The women interviewing me She literally just said “it happens to everyone “ because it’s true everyone wants to go then aos instead of being long distance. 

 

You got this, being nervous means u got something to hide. In their eyes 

Posted
On 11/19/2017 at 11:44 AM, NikLR said:

Yes you can immigrate if you've been denied entry.  Glad you told the truth.   Do not be sorry that you did.  

hii, thank you for ur help, i got approved at my interview yesterday! the interviewer didn't care at all about the admission withdrawal but now i can't help to think ill be harassed about it at the POE once i get my passport and visa back. would you know? thank you so much for your replies

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted (edited)
9 hours ago, Arir97 said:

hii, thank you for ur help, i got approved at my interview yesterday! the interviewer didn't care at all about the admission withdrawal but now i can't help to think ill be harassed about it at the POE once i get my passport and visa back. would you know? thank you so much for your replies

Not sure if your passport was flagged due to the withdrawal. Mine is so every time I cross and have to report to secondary. I was told once I get my green card they will enter this information into the computer so they delete the alert prompt that comes up. They may simply ask what your immigration status is but I am guessing you will have to report to secondary to get everything stamped and processed anyway.
 

Whenever I cross every border guard says they do not have notes as to what lead to the alert. So I have always had to explain myself and my set of circumstances. Now that you have your green card they will probably not ask any further what happened. I thought after I had my denial I would have problems crossing without a green card and so far it is not true. At the end of the day all they want to see is you are crossing legally and in your case you have the green card now.

Edited by acidrain
Posted
4 hours ago, acidrain said:

Not sure if your passport was flagged due to the withdrawal. Mine is so every time I cross and have to report to secondary. I was told once I get my green card they will enter this information into the computer so they delete the alert prompt that comes up. They may simply ask what your immigration status is but I am guessing you will have to report to secondary to get everything stamped and processed anyway.
 

Whenever I cross every border guard says they do not have notes as to what lead to the alert. So I have always had to explain myself and my set of circumstances. Now that you have your green card they will probably not ask any further what happened. I thought after I had my denial I would have problems crossing without a green card and so far it is not true. At the end of the day all they want to see is you are crossing legally and in your case you have the green card now.

you've been able to cross during your process?? no way! i didn't dare to try and then screw it up for myself. it would've been way easier for me to visit him instead of him visiting me but everyone that knows something about this advised me against it 

 
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