Does this mean I am banned from US for life?

[kelly74 0]

Hello,

 

I applied for US visa couple years ago with the Canada Refugee Travel document. Officer insulted me for crossing the border even though I had the reasons to do so then gave me this letter.

I have checked their website, there are so many things going on about section and I am a bit confused. Can someone please clear this out for me? Is there chance that I can waive this?

Thank you

[SalishSea 17,801]

44 minutes ago, kelly74 said:

Hello,

 

I applied for US visa couple years ago with the Canada Refugee Travel document. Officer insulted me for crossing the border even though I had the reasons to do so then gave me this letter.

I have checked their website, there are so many things going on about section and I am a bit confused. Can someone please clear this out for me? Is there chance that I can waive this?

Thank you

“Insulted” you for crossing the border?   What does that even mean?

 

If you want meaningful feedback about your situation, you’ll have to try to explain it adequately.

[kelly74 0]

1 minute ago, SalishSea said:

“Insulted” you for crossing the border?   What does that even mean?

 

If you want meaningful feedback about your situation, you’ll have to try to explain it adequately.

I am not sure what part you did not understand but I will try to describe more details. 

As soon as I reached the officer, he said "Why should I give a visa to person who crossed the border from US to Canada illegally?"
I said, "I apologize but I had valid reasons to do so-"
He immediately interrupted me with a smirk saying "Yes, you should be sorry because you will not be getting a visa" as I was shocked he said bunch of other stuff that I couldn't understand and threw my passport back at me in a way like he didn't even want to touch any document I possess. Then gave me this letter and that was it, he wanted me to leave the building asap. I did not mispresent any document, I was honest and I was thorough on my visa application. I did cross the border from US to Canada illegally but I didn't understand what part is fraud or misrepresentation of a document during the application. I did not try to hide or lie, I was applying for visa to be able to see my siblings as they reside in US. I don't remember him saying I am banned from US or something but the section 212(a)(6)(c)1 seems like I am. The part I did not understand is if I am eligible for a waiver application or not. 

Please tell me if you need more details.

[OldUser 6,607]

So how did you enter the US before crossing into Canada? Also without inspection?

US visitor visa is not a right, it's a privilege. US can refuse to issue visa to anybody. Especially if somebody crossed its border without inspection or has criminal offences etc.

[SalishSea 17,801]

2 minutes ago, kelly74 said:

I am not sure what part you did not understand but I will try to describe more details. 

As soon as I reached the officer, he said "Why should I give a visa to person who crossed the border from US to Canada illegally?"
I said, "I apologize but I had valid reasons to do so-"
He immediately interrupted me with a smirk saying "Yes, you should be sorry because you will not be getting a visa" as I was shocked he said bunch of other stuff that I couldn't understand and threw my passport back at me in a way like he didn't even want to touch any document I possess. Then gave me this letter and that was it, he wanted me to leave the building asap. I did not mispresent any document, I was honest and I was thorough on my visa application. I did cross the border from US to Canada illegally but I didn't understand what part is fraud or misrepresentation of a document during the application. I did not try to hide or lie, I was applying for visa to be able to see my siblings as they reside in US. I don't remember him saying I am banned from US or something but the section 212(a)(6)(c)1 seems like I am. The part I did not understand is if I am eligible for a waiver application or not. 

Please tell me if you need more details.

So you crossed from the US into Canada illegally, and then tried to come back into the U.S., on what type of visa?   What is your citizenship?

[kelly74 0]

Just now, OldUser said:

So how did you enter the US before crossing into Canada? Also without inspection?

US visitor visa is not a right, it's a privilege. US can refuse to issue visa to anybody. Especially if somebody crossed its border without inspection or has criminal offences etc.

I had a US visa before on my passport so I had an official legal entry to the US in 2018.

Of course, it is not a right. That is not my concern. I do not require visa anymore since I am a Canadian citizen, I have no criminal offence or history. I am just curious if I will ever be able to enter US again using my Canadian passport.

[OldUser 6,607]

Just now, kelly74 said:

I had a US visa before on my passport so I had an official legal entry to the US in 2018.

Of course, it is not a right. That is not my concern. I do not require visa anymore since I am a Canadian citizen, I have no criminal offence or history. I am just curious if I will ever be able to enter US again using my Canadian passport.

You can always try, but you have to be prepared to answer any questions truthfully.

[kelly74 0]

1 minute ago, SalishSea said:

So you crossed from the US into Canada illegally, and then tried to come back into the U.S., on what type of visa?   What is your citizenship?

I am currently a Canadian citizen and before getting my Canadian citizenship I applied for B1/B2 Visa with the Canadian Refugee travel document.

[SalishSea 17,801]

4 minutes ago, kelly74 said:

I had a US visa before on my passport so I had an official legal entry to the US in 2018.

Of course, it is not a right. That is not my concern. I do not require visa anymore since I am a Canadian citizen, I have no criminal offence or history. I am just curious if I will ever be able to enter US again using my Canadian passport.

Okay so zero percent of this was clear from your initial post.   It's not our fault if we can’t understand a poorly-explained story with jokes in it.

 

You were denied entry for immigrant intent.   You will need to develop stronger ties do Canada if you want to be admitted to the U.S.  

 

With a history of illegal crossings (into either country), that will be challenging.

Edited January 24 by SalishSea

[appleblossom 2,439]

2 minutes ago, kelly74 said:

I had a US visa before on my passport so I had an official legal entry to the US in 2018.
 

 

I wonder if that is the visa application that the fraud/misrep is in reference to - if (for example) you said on that visa app that you were wanting it to visit Disneyland for 2 weeks, but then actually used it to enter Canada illegally and claim refugee status, that could have been misrepresentation. 

 

So it may not be your Canada to US visa application that it means, it may be your previous application, just as a thought?

[kelly74 0]

1 minute ago, appleblossom said:

 

I wonder if that is the visa application that the fraud/misrep is in reference to - if (for example) you said on that visa app that you were wanting it to visit Disneyland for 2 weeks, but then actually used it to enter Canada illegally and claim refugee status, that could have been misrepresentation. 

 

So it may not be your Canada to US visa application that it means, it may be your previous application, just as a thought?

I thought the same but the thing made me confused is that I actually acquired my US visa on 2014 for 10 years, I went to US back and forth couple times for family and vacation purposes. I did not have any reasons to claim asylum until 2018, only then I went to Canada illegally to be able to claim asylum. 

[kelly74 0]

4 minutes ago, SalishSea said:

Okay so zero percent of this was clear from your initial post.   It's not our fault if we can’t understand a poorly-explained story with jokes in it.

 

You were denied entry for immigrant intent.   You will need to develop stronger ties do Canada if you want to be admitted to the U.S.  

 

With a history of illegal crossings (into either country), that will be challenging.

I don't know what you are talking about by jokes but I do not want to argue further on an unproductive matter.

Thanks for your response.

[OldUser 6,607]

9 minutes ago, kelly74 said:

I am currently a Canadian citizen and before getting my Canadian citizenship I applied for B1/B2 Visa with the Canadian Refugee travel document.

I don't think US grants visitor visas easily to refugee document holders, let alone people not following the rules. So no wonder there. This was part of the reason why you got rejected, because you could not demonstrate ties to a country outside of the US.

 

The other reason why you were denied - willful misrepresentation. That could mean you'd be denied entry to the US, potentially for life.

 

Since you're a Canadian citizen, you do not need a visa to enter the US. However, CBP may deny your entry because of the past as you try to cross the border.

 

 

 

 

[appleblossom 2,439]

7 minutes ago, kelly74 said:

I thought the same but the thing made me confused is that I actually acquired my US visa on 2014 for 10 years, I went to US back and forth couple times for family and vacation purposes. I did not have any reasons to claim asylum until 2018, only then I went to Canada illegally to be able to claim asylum. 

 

That isn't really relevant. Every time you enter you are asked questions and if you lied on one of those entries (I'm not saying that you did, just that it's a possibility and would explain the fraud/misrep) then it doesn't matter if you were granted a visa years before. The immigration officer will have been able to see all details of your previous visa apps and entries when you tried to enter most recently.

 

I would suggest you have a consultation with a good immigration lawyer, give them full details of everything that's happened and hopefully you can then work out for sure if you do have a ban, and if so, if you can apply for a waiver or not. Your Canadian passport is also not relevant if you do have a ban, the ban is still there regardless of your new citizenship.

 

Good luck. 

Edited January 24 by appleblossom

[SalishSea 17,801]

12 minutes ago, kelly74 said:

I don't know what you are talking about by jokes but I do not want to argue further on an unproductive matter.

Thanks for your response.

Sorry, “jokes” was a typo, and it’s too late to edit.   I meant “holes.”  You left some vital details out of your original post.