Canadian applying to B2 visa?

[MiraW 58]

10 hours ago, duke92 said:

@Going through dont have a ban checked with 3 lawyers. Had d/s on my i-94 so no ban, and my visa was still valid when i left.

 

Just wondering, how do you know there's no ban? Your visa was an F-1 student visa right? An F-1 being valid doesn't mean your status was valid, F-1 only works with a valid i-20 right? And your SEVIS was canceled. So just curious why there's no ban? 

 

[SusieQQQ 11,586]

14 minutes ago, Eli01 said:

As people have already mentioned it really comes down to the discretion of the CBP officer. Take strong proof of ties to the country you reside in (be it UAE or Canada), so you can show proof that you don't have immigrant intent.

 

Now the point of not wanting to fly 16 hours to get denied, why don't you try to take direct flight from abu dhabi instead. Which is not far from Dubai. POE pre-clearance center there (just like they have in ever major Canadian Airport), well at least so I have heard. That way if you get denied you did not spend 16 hours flying.

You save the time,but you still lose the airfare you paid...

[geowrian 22,337]

7 minutes ago, MiraW said:

Just wondering, how do you know there's no ban? Your visa was an F-1 student visa right? An F-1 being valid doesn't mean your status was valid, F-1 only works with a valid i-20 right? And your SEVIS was canceled. So just curious why there's no ban?

If admitted as D/S, you do not accrue unlawful presence until there is a formal decision that you are out of status. The bars kicks in starting at 180 days of unlawful presence.

So although there would be no formal bar due to unlawful presence, returning on any non-immigrant basis becomes difficult.

[caliliving 606]

12 hours ago, duke92 said:

@Boiler what makes no difference? getting deported and getting a withdrawl are very different. 5 year ban vs no ban

you dont need a B2.. you need to bring TIES to canada and show PROOF you wont overstay. 

 

1 hour ago, geowrian said:

If admitted as D/S, you do not accrue unlawful presence until there is a formal decision that you are out of status. The bars kicks in starting at 180 days of unlawful presence.

So although there would be no formal bar due to unlawful presence, returning on any non-immigrant basis becomes difficult.

exactly! she has no ovestay ban!!!! therefore they just dont believe you would come back on time.  canadians used to be entered D/S back in the day and technically could stay as long as they wanted (technically...)

 

you have no bar and no ban.. therefore no visa/waiver is needed. just proof you will return when you should. 

[Lemonslice 4,859]

12 hours ago, duke92 said:

@Going through ah ok I understand. So what should I do? I live in Dubai, so travelling all the way there and getting denied. and then risking either deportation or a withdrawl doesnt seem like the thing to do.

A lawyer advised me to apply for a b2, as then the consultate believe that I will come back and trusts I wont overstay.

Fly through Abu Dhabi, there is preclearance there  - shorter flight if you are not allowed to enter.

[duke92 0]

@jle2234 thanks for your help. And if I do try to cross at a border from Canada by car, and they deny me, they will deport me, or is it always withdrawl of admission? 

[duke92 0]

@Eli01  Thanks for your help. I totally understand, I just find it so strange that there is no actual law about this, that is depends if you find a CBP is a good mood that trust you 

 

I can definitely try flying from Abu dhabi preclearence facility, but im worried about getting a possible "deportation" instead of a withdrawal. Or does that even happen in preclearance, or they just deny you and done?

 

I have tons of ties, certificate from my employer, car ownership, lease contract, bank accounts, credit cards, etc

 

 

 

 

[duke92 0]

@caliliving if only it was that easy, I have tons of things I can show that I have ties, but Ive heard sometimes they dont even ask, they reject you right away.

[duke92 0]

@Lemonslice Yes I can try Abu Dhabi preclearence......and if they deny entry, I will get another withdrawl, or I have chances of deportation, or the CBP just denies you and you leave the airport and go home?

 

 

[canadian_wife 1,822]

1 hour ago, duke92 said:

@jle2234 thanks for your help. And if I do try to cross at a border from Canada by car, and they deny me, they will deport me, or is it always withdrawl of admission? 

 

It is not always a denial of entry.  It can be an expedited removal, which is treated the same as a deportation.  But I believe a deportee has to have been admitted into the country and then removed.  An expedited removal is one that has not been admitted. 

 

I was denied entry twice.  It is up to the CBP on how they deal with it (withdrawal or expedited removal)

 

Good luck 

[duke92 0]

@canadian_wife  Thanks for your help!

 

Since you have been denied twice, how did you overcome that and were able to enter again?

 

thanks

[Lemonslice 4,859]

3 hours ago, duke92 said:

@Lemonslice Yes I can try Abu Dhabi preclearence......and if they deny entry, I will get another withdrawl, or I have chances of deportation, or the CBP just denies you and you leave the airport and go home?

 

 

I have no idea if you'll be denied, why you were last time, or how they would consider another attempt to enter the US. Sorry.

Edited January 24, 2018 by Lemonslice

[duke92 0]

@Lemonslice dont think you understood my question, but ok whatever

[Boiler 45,576]

Up to the PoE what they do.

[SusieQQQ 11,586]

6 hours ago, duke92 said:

@Eli01  Thanks for your help. I totally understand, I just find it so strange that there is no actual law about this, that is depends if you find a CBP is a good mood that trust you 

 

I can definitely try flying from Abu dhabi preclearence facility, but im worried about getting a possible "deportation" instead of a withdrawal. Or does that even happen in preclearance, or they just deny you and done?

 

I have tons of ties, certificate from my employer, car ownership, lease contract, bank accounts, credit cards, etc

 

 

 

 

It’s not about being “in a good mood”. It’s about how the CBP officer judges your intention on entry. There is necessarily some element of subjectivity in using human judgement on issues.

 

There is an “actual law” - it’s that you are treated as an intending immigrant unless you can convince the officer otherwise. What you need to convince them varies by individual and by officer. Past histories obviously are taken into account, and your will probably mean you have more convincing to do. Sounds like you have a good amount to show this time.

Edited January 24, 2018 by SusieQQQ