Failed I-485 interview as canadian married to a u.s. citizen

[redleave 0]

My frend is a canadian, He visited the u.s. as a tourist for his girl friend, 2 months later after entered the u.s., he got married. Then file AOS for immigration. Recently got the interview notice but failed the interview because the interviewer required him to provide the proof of inspection for the last time entered to u.s. from canada. He has no idea how to prove it. At the time he entered the u.s. border, his passport was scanned by the computer system but no stamp on his passport. The interviewer needs the supporting document such as entry stamp, or 1-94 to prove the entry inspection and lawful admission.

In this case, what kind of document could he provide now? he only has e-ticket with him and canadian passport. Do he has to go to the customs of the neariest airport and find the scanning information from the system as proof documents?(By the way, is there any tourist visa for candian to apply for before deciding to enter u.s. from canada?)

Please help!

[Harsh_77 718]

Does he have tourist visa? Seems he entered on VWP and not tourist visa.

Hopefully someone can help.

[redleave 0]

My frend is a canadian, He visited the u.s. as a tourist for his girl friend, 2 months later after entered the u.s., he got married. Then file AOS for immigration. Recently got the interview notice but failed the interview because the interviewer required him to provide the proof of inspection for the last time entered to u.s. from canada. He has no idea how to prove it. At the time he entered the u.s. border, his passport was scanned by the computer system but no stamp on his passport. The interviewer needs the supporting document such as entry stamp, or 1-94 to prove the entry inspection and lawful admission.

In this case, what kind of document could he provide now? he only has e-ticket with him and canadian passport. Do he has to go to the customs of the neariest airport and find the scanning information from the system as proof documents?(By the way, is there any tourist visa for candian to apply for before deciding to enter u.s. from canada?)

Please help!

[redleave 0]

Please help! How to fix the issue like this? Does he need to back to canada and apply for a "canadian tourist visa" for legally entering the u.s? Then enter the u.s. again? Does such visa exist?

Thanks!

Edited July 12, 2011 by redleave

[Harpa Timsah 13,258]

Canadians do NOT enter on the VWP, they have their own special tourist program. They enter under the terms of a B2 visa without ever having to apply for it.

OP - your friend needs proof of inspection at the border. I would check in the Canada forum for specific advise. It is typical for Canadians to have neither a stamp or I-94, so I am sure people have been through this before. I would think calling CPB would be a good place to start and asking for a record. If he travelled by plane, then a boarding pass or plane manifest would prove that he entered through an airport and therefore was inspected. Good luck.

Edit: NO, he should not return to Canada. He should stay in the US and comply with his Request for Evidence.

Edited July 12, 2011 by Harpa Timsah

[redleave 0]

My frend is a canadian, He visited the u.s. as a tourist for his girl friend, Two months later after he entered the u.s., he got married. Then file AOS for immigration. Recently went to the interview but failed the interview because the interviewer required him to provide the proof of inspection for the last time entered to u.s. from canada. He has no idea how to prove it. At the time he entered the u.s. border, his passport was scanned by the computer system but no stamp on his passport. The interviewer needs the supporting document such as entry stamp, or 1-94 to prove the entry inspection and lawful admission.

In this case, what kind of document could he provide now? He only has e-ticket with him and canadian passport. Do he has to go to the customs of the neariest airport and find the scanning information from the system as proof documents?(By the way, is there any tourist visa for candian to apply for before deciding to enter u.s. from canada?)

Please help!

Edited July 12, 2011 by redleave

[canadian_wife 1,822]

Nope, Canadians don't travel on tourist visas

Does he still have his boarding pass? He may have an inspection stamp on that (at least I always do when I entered the US)

Otherwise, nothing in his passport?

Was it a denial or did he get a request for futher information? Is he allowed to produce evidence or was he ordered removed?

can he contact the POE he used for guidance?

good luck

[Inky 1,110]

No Canadians do not use visas to enter the USA.

They have a travel agreement and they are not needed nor required.

He can try going to the nearest customs office and see if they can access and print out the paper for him that shows his scanned entry to the USA but there is no guaranty that they can do this or will do this for him.

[redleave 0]

Unfortunately he does not keep the boarding pass, it was six months ago. The only thing he has now is the e-ticket. Will the e-ticket could prove the legal admission/proof of inspection for legal entry? His e-ticket include detail infomation such as when and where his departure and the name of airplane company.

Canadian_wife, Inky, thank you for your quickly reply and good advice!

Please help!

Edited July 12, 2011 by redleave

[canadian_wife 1,822]

The 2 times I was denied entry...I had a boarding pass too. Having a boarding pass simply means that he was allowed to board a flight, not enter the country

Again, was he given an opportunity to submit information or was he ordered out of the country?

good luck

[redleave 0]

canadian_wife,

He got a form of I-72 and is required to provide the proof of inspection/legal admission for his last entry. Failing to provide thus information in a month until august 2011, his application will be denied for lack of response.

Is it e-ticket good enough?

Edited July 12, 2011 by redleave

[canadian_wife 1,822]

I am not sure if there is enough time, probably not, but if contacting the POE fails you can try in infopass apt. or an FOIA request (but that can take a year)

Again, the e-ticket probably isn't good enough. He can try but it is sort of a one shot deal, if it isn't sufficient, they will deny him

good luck, he needs to get on this yesterday

Edited July 12, 2011 by canadian_wife

[redleave 0]

Is it weired for the immigration officer asked such document? since canadian neither could have stamp nor I-94 when they enter to the u.s. as a tourist. Is it a necessary and legal requirement for a canadian citizen?

[Darnell 8,478]

can get to Customs and Border Patrol

Secondary Inspection / Deferred Inspection office

and

talk face to face with the shift supervisor, ask for a printed record of entry.

This stuff is stored on their computer system, bring yer passport with you.

[Kathryn41 3,205]

Wow, this is the first I have heard USCIS getting so hard-nosed with a Canadian having to provide proof of entry. Generally,most Canadians who enter the US as a visitor do not have any documentary 'proof' of entry - it is not provided by the US border guards. If he has a plane ticket, then he would have had to go through US immigration at the airport before they even let him on the plane to the US. His boarding pass, if he has it still, would provide proof of legal entrance because he would not have been allowed to fly to the US without going through immigration before boarding.

No, Canadian visitors do not get an I-94 nor a physical visa (except under certain circumstances) nor are they members of a visa waiver program. Canadians who present at the border as visitors are given a de-facto B2 visitor visa status - but do not get an actual document stating so. It is a unique situation available only to Canadians. Sometimes US authorities will stamp a passport but more often they don't. It sounds like the interviewing officer may have been very inexperienced not to have known this or else is using this request for proof of legal entry as an easy out to deny an application he wanted to deny on other grounds but could not justify..

The best thing I can suggest is that your friend contact the border where he made his entry, provide them with the date and time of his entry, the type of vehicle he was in if he didn't fly, his flight number and carrier if he did, etc., his passport number and personal identification (name, address, etc.) and ask if they can provide him with some sort of proof of his legal entry to the US, even if it is just a statement that he was inspected on XXX date at XXX location and admitted to the US. He may be able to do this at a CPB office at a local airport if they can check their own records from other POEs.

~~~~~~~~~~~~~~~~~

While this does relate to an AOS topic I am moving it to the Canada Regional Forum as it is a Canada specific question and others there may have experienced this situation as well so can provide more information.

Edited July 13, 2011 by Kathryn41