Denied entry to the US

[nelmagriffin 151]

Greetings!

Here is what I read, related to the topic that you posted. This may help explain things further.

Nelma

VJ member since 2004, This is based on the article that I have read. We welcome corrections/suggestions/updates.

Reference:https://thelawdictionary.org/article/how-long-can-a-canadian-citizen-stay-in-the-united-states-without-a-visa/

 

Quote

How Long Can A Canadian Citizen Stay In The United States Without A Visa?

Written by J. Hirby and Fact Checked by The Law Dictionary Staff  

 

Canada and the United States have long enjoyed a prosperous relationship as neighbors. The citizens of both countries may cross the border with relative ease. In most cases, a valid U.S. or Canadian passport is sufficient documentation to allow for crossing the border. In other instances, such as when a Canadian citizen is hoping to immigrate to the U.S., a Visa is required. Nonetheless, Canadians can stay in the U.S. for an extended period of time without a Visa.

How Long Can a Canadian Citizen Stay in the U.S. With Just a Passport?

A Canadian citizen may visit the U.S. for up to six months within a 12 month period without a Visa. This means that the Canadian may enter the U.S. for business or pleasure for a total of six months without needing any documentation other than a passport. However, they must leave at the end of the six months, and may not return until an additional six months have elapsed. If it looks like the Canadian citizen is spending much more time in the U.S. than in their homeland, American Customs and Border Patrol agents may grow suspicious that they are trying to emigrate.

The Burden Is on the Canadian Citizen

Canadian citizens must disclose the purpose of their visit to Customs and Border Patrol personnel as they cross the border. Canadians staying in the U.S. may make a request to change or extend their stay before the expiration of their already approved visit. If the visitor has decided that they will live, work or study in the U.S. on a more permanent basis, they must disclose this when they initially cross the border. Moreover, should the U.S. Customs and Border officer feel that the Canadian citizen is spending an inordinate amount of time in America, they may request proof that the Canadian is not a de-facto American citizen. This can be done through the demonstration of permanent ties to Canada. If a Canadian crossing over the border is concerned about getting a suspicious border agent, it may be helpful to have documents proving ongoing Canadian citizenship. A recent paystub, copies of utility bills, a tax return document or documents proving an intended date to return to Canada are all useful. These documents may not be necessary, but bringing them along can help the traveler to prove their intentions on the spot and can smooth the entry process.

 

2

 

[SusieQQQ 11,587]

1 hour ago, Fijianladi said:

I pay for health care coverage for both me and my son in both the us and Canada 

The fact that you pay for healthcare in the US is an indication that you consider yourself to be residing there, which violates the terms of your allowed entry for visits. 

As others have said, it’s quite clear why you were denied entry. There is a process to follow, the sooner you start that the sooner your family can be reunited properly.

[Fijianladi 0]

2 minutes ago, SusieQQQ said:

The fact that you pay for healthcare in the US is an indication that you consider yourself to be residing there, which violates the terms of your allowed entry for visits. 

As others have said, it’s quite clear why you were denied entry. There is a process to follow, the sooner you start that the sooner your family can be reunited properly.

My son is a dual citizen and spends time in both countries so health care is a must for him in Canada and states. 

[SusieQQQ 11,587]

3 minutes ago, Fijianladi said:

My son is a dual citizen and spends time in both countries so health care is a must for him in Canada and states. 

Sure but you said you pay for healthcare for yourself too. I’m not even sure why you’re trying to argue the point about where you reside, you opened the thread by saying you’ve been spending 75% of your time in the US. You really only have one option now. 

[Fijianladi 0]

Just now, SusieQQQ said:

Sure but you said you pay for healthcare for yourself too. I’m not even sure why you’re trying to argue the point about where you reside, you opened the thread by saying you’ve been spending 75% of your time in the US. You really only have one option now. 

I pay for travel insurance for myself. Not arguing the fact that my intention in August is to move to the states but I've told them at the border that for now I'm living in Canada. 

[milimelo 4,541]

You won’t be moving to the States in August of this year. 

Why hasn’t your husband filed the petition for you yet? 

[SusieQQQ 11,587]

3 minutes ago, Fijianladi said:

I pay for travel insurance for myself. Not arguing the fact that my intention in August is to move to the states but I've told them at the border that for now I'm living in Canada. 

For now, being after you were denied entry? 

Anyway unless you have already started the petition process, no you won’t be back in August. This is why everyone on this thread keeps urging you to start the process. The advice may not be what you want to hear, but it is the best for your situation. 

[Fijianladi 0]

Just now, milimelo said:

You won’t be moving to the States in August of this year. 

Why hasn’t your husband filed the petition for you yet? 

Because the lawyer had advised me that if you wait 2 years after marriage to apply it will be a easier process and instead of getting a temporary green card you'd get a permanent one. August would be 2 years of marriage for us. 

[Fijianladi 0]

Just now, SusieQQQ said:

For now, being after you were denied entry? 

Anyway unless you have already started the petition process, no you won’t be back in August. This is why everyone on this thread keeps urging you to start the process. The advice may not be what you want to hear, but it is the best for your situation. 

Yes I think this may be the reality of our situation it's just hard to accept that our family will be separated after being together so long.. 

[SusieQQQ 11,587]

4 minutes ago, Fijianladi said:

Because the lawyer had advised me that if you wait 2 years after marriage to apply it will be a easier process and instead of getting a temporary green card you'd get a permanent one. August would be 2 years of marriage for us. 

Did he let you compare vs the timeline of removing conditions on the conditional green card I wonder, or tell you it would still take months after you filed before you could actually move? Not sure you got the best advice there if your aim was to be together as soon as possible.

Edited January 31, 2018 by SusieQQQ

[SusieQQQ 11,587]

1 minute ago, Fijianladi said:

Yes I think this may be the reality of our situation it's just hard to accept that our family will be separated after being together so long.. 

To be blunt about it, you were “together” because you were skirting the legal way to do it. Many people here can sympathize with you.... lots of people here have done the long wait apart. 

[broppy 204]

1 hour ago, Fijianladi said:

Because the lawyer had advised me that if you wait 2 years after marriage to apply it will be a easier process and instead of getting a temporary green card you'd get a permanent one. August would be 2 years of marriage for us. 

Find yourself a new lawyer. Or don't bother with one at all. It doesn't matter when you apply. Things get easier if you've already been married for two years once your visa is approved and you actually move to the US - not when you start applying. You can apply now and move south after August (probably well after August - processing time is around 12-14 months) and still get an unconditional 10 year green card.

[Fijianladi 0]

33 minutes ago, broppy said:

Find yourself a new lawyer. Or don't bother with one at all. It doesn't matter when you apply. Things get easier if you've already been married for two years once your visa is approved and you actually move to the US - not when you start applying. You can apply now and move south after August (probably well after August - processing time is around 12-14 months) and still get an unconditional 10 year green card.

Thank you. We will be applying asap ! 

[Aussie_Mike 12]

I can empathize with the difficulty you now face. There are many on here who are trying to avoid the situation you are in. Your experience is a benchmark, that at least in your situation, it took a year of being in the USA 75% of the time for a denial.

 

Many of us on here are travelling less, from countries of similar "friendliness", have work, & no overstays, and stress about this possible outcome.

 

Best of luck

[az2014 381]

4 hours ago, Fijianladi said:

I pay for travel insurance for myself. Not arguing the fact that my intention in August is to move to the states but I've told them at the border that for now I'm living in Canada. 

Not sure how you can say you are living im Canada when quite clearly you are not.

 

Ignorance is not an excuse. No sympathy for you.