Denied at POE (slit)

[letitgo 3]

Hello everyone,

I know this is an old thread but hope someone can help me please.

I am a Canadian Citizen, got denied at the port of entry because we didn't have any petition filed (we didn't know we need at that time). I haven't tried crossing the border since then. Our case is in AP right now and I am not sure how much longer it will take. But I would like to cross the border for few days. I was wondering what is your suggestion? is it risky? Do I have any chance? Can they make it worse? I can show some documents like my job, my house and mortgage,... I was thinking to try Peace bridge or at least go and ask some questions there. Can they make it worse? Also do I need to contact any lawyer before trying?

Thanks a lot!

[acidrain 325]

57 minutes ago, letitgo said:

Hello everyone,

I know this is an old thread but hope someone can help me please.

I am a Canadian Citizen, got denied at the port of entry because we didn't have any petition filed (we didn't know we need at that time). I haven't tried crossing the border since then. Our case is in AP right now and I am not sure how much longer it will take. But I would like to cross the border for few days. I was wondering what is your suggestion? is it risky? Do I have any chance? Can they make it worse? I can show some documents like my job, my house and mortgage,... I was thinking to try Peace bridge or at least go and ask some questions there. Can they make it worse? Also do I need to contact any lawyer before trying?

Thanks a lot!

My first question is do you have your passport? If not how do you plan on crossing? If you have no PP that's a gigantic flag in itself.

 

I got denied entry for reasons similar to yours. I got a hard denial and visited a total of 4 times during the IR1 process. To answer your question, it's technically possible but when your flagged you report to secondary to answer a series of questions.

 

I think at this stage it's highly likely you will be denied entry. They will wonder why your petition is not approved. From their point of view they will wonder what the chances you will return to Canada if you are denied after AP. The risk of overstay is high as you don't have an interview to come back to. Yes, you have ties but all of them you were planning on cutting anyway.

 

I have called a POE back when I got a hard denial to see if crossing was legal. You can certainly do that. I would not show up in person myself.

 

I would not try to enter the US while my application is in AP. If you get another denial that may add problems and add more scrutiny to your file. During the interview process they ask everyone if you've ever had problems at the border. If you have more they will probably want to know about it.

 

Lawyers tend to be cautious so they will more than likely tell you to wait it out. I think most people would advise to have your spouse visit you.

[letitgo 3]

2 hours ago, acidrain said:

My first question is do you have your passport? If not how do you plan on crossing? If you have no PP that's a gigantic flag in itself.

 

I got denied entry for reasons similar to yours. I got a hard denial and visited a total of 4 times during the IR1 process. To answer your question, it's technically possible but when your flagged you report to secondary to answer a series of questions.

 

I think at this stage it's highly likely you will be denied entry. They will wonder why your petition is not approved. From their point of view they will wonder what the chances you will return to Canada if you are denied after AP. The risk of overstay is high as you don't have an interview to come back to. Yes, you have ties but all of them you were planning on cutting anyway.

 

I have called a POE back when I got a hard denial to see if crossing was legal. You can certainly do that. I would not show up in person myself.

 

I would not try to enter the US while my application is in AP. If you get another denial that may add problems and add more scrutiny to your file. During the interview process they ask everyone if you've ever had problems at the border. If you have more they will probably want to know about it.

 

Lawyers tend to be cautious so they will more than likely tell you to wait it out. I think most people would advise to have your spouse visit you.

Thank you so much Acidrain for all the details! Yes I called they told me the same thing. I am on AP because of Trump ban for my country however I have been in Canada for long time and the ban is not for dual citizens but in the interview they said they cannot make  a decision because of that. I have a 14  months baby that is making it more difficult for us without spending time around his dad much. My husband comes and visit us for short visits every time. I will wait as you said and hope I  hear something for this AP...  Thank you very much again.

[acidrain 325]

1 hour ago, letitgo said:

Thank you so much Acidrain for all the details! Yes I called they told me the same thing. I am on AP because of Trump ban for my country however I have been in Canada for long time and the ban is not for dual citizens but in the interview they said they cannot make  a decision because of that. I have a 14  months baby that is making it more difficult for us without spending time around his dad much. My husband comes and visit us for short visits every time. I will wait as you said and hope I  hear something for this AP...  Thank you very much again.

No problem! I am so sorry to hear you are stuck in AP. I was only stuck in AP for a couple of weeks and it was horrible! Have you considered doing a congressional enquiry through a political representative in your spouse's jurisdiction (Senator, House Rep)? They won't be able to get the case approved but perhaps some light can be shed as to what is going on.