5-10 years ban if immigration intent found?

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lbhlCanuckAbroad Regular
Topic author
Posts: 31
Joined: 27 Sep 2007

5-10 years ban if immigration intent found?

Post Sun Oct 21, 2007 11:15 pm

If a Canadian is found to be inadmissible to US due to “immigration intentâ€
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Reba

Post Mon Oct 22, 2007 4:05 am

Yes. It is up to the discretion of the border official who interviews you whether or not they think you have immigrant intent. If they deem so, they can either just turn you around and send you back to Canada, OR they can ban you from entering the US.
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lbhlCanuckAbroad Regular
Topic author
Posts: 31
Joined: 27 Sep 2007

Post Mon Oct 22, 2007 10:57 am

I know if a non-Canadian's application for a US visa is rejected on "immigration intent", he can apply again later and may be still get approval which means no long period ban.

So in what circumstance will a Canadian be banned many years only because of immigration intent (NOT fraudulence in document)?

For example, if I bring too much stuff when enter, the officer thinks I may have a permanent residency intent rather than a short period stay, so he rejects my entry. Will he make record in database and ban me MANY years? In this period, whenever I want to enter US, as long as they check database and find I have been banned, even no immigration intent found I still can't enter? Just like the result of "expedited removal"?
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Reba

Post Mon Oct 22, 2007 4:34 pm

A Canadian could be banned for the same reasons, and for as long as the whim of the CBP official deems. Either until a valid visa is obtained, or 3 years or 5 years or 10 years or life even if you piss them off enough.
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Christopher G. Rizzo, EsqCanuckAbroad VIP
Posts: 281
Joined: 17 Oct 2007
Location: Red Bank, NJ USA

Post Wed Oct 24, 2007 2:02 pm

Couple of concepts here: every nonimmigrant applying for admission needs to prove their admissibility. If they cannot prove their admissibility, they can be removed. A nonimmigrant removed will be inadmissible for 5 years. Most of the time at the Canadian border, CBP will allow the nonimmigrant to withdraw an application for admission (e.g.) to avoid the harsh penalty of a 5 year ban on entry. Also, every nonimmigrant applying for admission is presumed to have immigrant intent. CBP often denies entry based on a finding of immigrant intent, which is grounds for a finding of inadmissibility, but of course, the applicant is not barred from entry. (Again, the harsh 5 year ban) Often CBP wants ties to Canada to overcome the presumption. (e.g. proof of employment, a residence etc.)

Often Canadians charged with immigrant intent can come back to the border with proof of ties and will be admitted. In other words, the immigrant intent charge is not serious at all. In reality, this type of finding often has no real basis at all.
Christopher G. Rizzo, Esq
Special Counsel
Law Offices of David T. Ferrara, LLC
www.naftalawfirm.com
P: (732) 784-2877
Email: Crizzo@naftalawfirm.com
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jodanickCanuckAbroad Regular
Posts: 47
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Joined: 28 May 2009

Re: 5-10 years ban if immigration intent found?

Post Wed Jun 10, 2009 10:19 am

Often CBP wants ties to Canada to overcome the presumption. (e.g. proof of employment, a residence etc.)

Often Canadians charged with immigrant intent can come back to the border with proof of ties and will be admitted.

I was denied entry ( visitor visa ) because they believed I have an immigrant intent. Now, if I want to apply for TN visa, is there any possibility that they will ask me this proof of ties? Do I have to exclude proof of employment and just bring all others like property ownership, utility bills and bank accounts? I am specifying this proof of employment because I am no longer working. Evidently, I am applying for employment visa so this might be excluded right? There is a possibility that they will need this during my entry and I want to assure myself that I don't miss anything. thanks
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StevenCanuckAbroad VIP
Posts: 3637
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Joined: 28 Sep 2007
Location: Calgary

Re: 5-10 years ban if immigration intent found?

Post Wed Jun 10, 2009 10:33 am

B-2 and TN-1 are different categories, B-2 requires residential ties abroad, TN-1 is not as tough in this regard and merely requires the applicant to show the stay in the US will be "temporary", so to prove that it usually helps to have ties abroad but it's not as set in stone as B-2.

However they can still deny you TN-1 status if you think you have immigrant intent.
Steve.
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WalrusNew Member
Posts: 1
Joined: 4 Sep 2009

Re: 5-10 years ban if immigration intent found?

Post Fri Sep 04, 2009 8:38 am

I am a musician, and I foolishly lied to border officials about a gig in the U.S. which resulted in a 5 year ban. The penalty period is just weeks away from being over. Will I have trouble re-entering in the near future? LESSON LEARNED !!!
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DremaniCanuckAbroad VIP
Posts: 340
Joined: 10 May 2009

Re: 5-10 years ban if immigration intent found?

Post Fri Sep 04, 2009 11:56 am

You will need to fill out a waiver in order for you to be allowed entry in the future. But the waiver is not an automatic entry into the U.S. it's totally up to the discretion of the officer whether or not they will grant you entry.
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plumber_dragonNew Member
Posts: 6
Topics: 1
Joined: 23 Jun 2011

Re: 5-10 years ban if immigration intent found?

Post Thu Jun 23, 2011 10:11 pm

I have a friend who took a long vacation in the states no knowing the repercussions of facing a possible 10 year ban. he has been back in canada for some time, returned to his kid and job.

What is the best way for him to return? Is there any way back in with out a ban? Should he bite the bullet and go tell the truth at the border? Or should he wait it out? Any advice would be great. Thanks.
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