Canadian rights at the US border

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mia.123456New Member
Topic author
Posts: 7
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Joined: 10 Oct 2011

Canadian rights at the US border

Post Mon Oct 10, 2011 7:29 pm

I am a Canadian resident and citizen who was entering the US on a tourist visa when I got stopped at the border and detained for questioning.

After being accused of intending to live in the US, I said I no longer wanted to enter the US - and wanted to "rescind my application for admission" because I knew there was no way I could prove I was indeed a Canadian resident unless I could show them documentation like my taxes, home bills, utilities, etc.

Unfortunately, the Officer ignored me... Is this normal? Why did this happen? How was I expected to make my case without the chance to show any paperwork?

The reason I didn't have it on me is because I'd never had a problem like this before...

Did I have a right to a lawyer?

Thanks.
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AGNCanuckAbroad VIP
Posts: 818
Joined: 21 Jun 2011

Re: Canadian rights at the US border

Post Tue Oct 11, 2011 5:34 am

You have no "rights" at the border. Your admission is strictly up to the CBP officer.

You can bring a lawyer if you wish, but unless you can satisfy the officer that your (a) meet the eligibility requirements for your requested entry in a particular status and (b) that you are not a risk to violate that status either by activity or duration, they are under no obligation to let you in -- ever.

The oficer -- on the other hand -- has every right to document whatever he wishes on your case, withdrawn or not. He can also ask you any question to detertmine your trustworthiness.

Your only recouse is to ask to talk to their supervisor.
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mia.123456New Member
Topic author
Posts: 7
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Joined: 10 Oct 2011

Re: Canadian rights at the US border

Post Tue Oct 11, 2011 6:36 am

Thanks AGN. Another question...

After being banned from the US for 5 yrs for "fraud misrepresentation" - and the CBP gave me a
I-192 waiver form.

Can I apply for an L-1 at the same time as applying for the I-192 ? Does a job offer qualify as a good enough reason to be let back into the States? What are the chances that my L-1 would be granted if I had a fraud/misrepresentation charge? I have no criminal background anywhere in the world, can prove my main residence has always been Canada (pay taxes, bills, etc)
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AGNCanuckAbroad VIP
Posts: 818
Joined: 21 Jun 2011

Re: Canadian rights at the US border

Post Tue Oct 11, 2011 7:39 am

No, you need to get this inadmissability issue taken care of first.

Your inadmissability is not only for toursit entry, but any type of entry, including for legitimate work.

Where you live was not the reason your were barred. it was what you said at the border. You have been accused of lying. You are therefore assumed to be lying anytime you show up to the border for whatever reason. Get this taken care of.
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lawsSenior Member
Posts: 110
Joined: 22 Jun 2011

Re: Canadian rights at the US border

Post Tue Oct 11, 2011 2:54 pm

6C Fraud is forever.

Steps:
1) Apply for an I-212 Waiver. (if accepted it waives the five year bar)
2) If you get the I-212, then apply for the I-192 Waiver (this waives the 6c fraud charge, but only for a maximum of five years)
3) If accepted for both waivers, then you can apply for the L1.

My first step would be to make sure you were refused under 6c or 7A1 by calling the Port of Entry. If they charged you with 6c, you know have a criminal record for Immigration purposes.
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lawsSenior Member
Posts: 110
Joined: 22 Jun 2011

Re: Canadian rights at the US border

Post Tue Oct 11, 2011 2:56 pm

*now

Am I the only one that cannot edit my posts. I hate this new site setup, it constantly logs me out and I can only post under the quik reply!
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flames9CanuckAbroad VIP
Posts: 601
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Location: Managua Nicaragua

Re: Canadian rights at the US border

Post Tue Oct 11, 2011 4:18 pm

Disregard!!
Last edited by flames9 on Tue Oct 11, 2011 7:00 pm, edited 1 time in total.
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CanuckAbroadSite AdminUser avatar
Posts: 557
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Joined: 4 Mar 2003
Location: Victoria

Re: Canadian rights at the US border

Post Tue Oct 11, 2011 6:39 pm

*not threadjacking, but wanted to address Laws-

Hey Laws - Sorry to hear you're having site issues. Please send me a PM and I can look into it. If I'm not aware of the problem I can't fix it, ya know? I can post using reply and quick reply and don't have issues logging in or out. Send me a PM with a few details like your browser and OS and I'll see if I can figure out what's going on. Thanks!
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mia.123456New Member
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Posts: 7
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Joined: 10 Oct 2011

Re: Canadian rights at the US border

Post Tue Oct 11, 2011 8:12 pm

Hi Laws,
Unfortunately I was refused under 6c. The reason I would like to go back is because I have a great job offer. But does a job even qualify as a good enough reason for them to grant me a I-212? Or would I have to have immediate family?
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lawsSenior Member
Posts: 110
Joined: 22 Jun 2011

Re: Canadian rights at the US border

Post Wed Oct 12, 2011 5:40 pm

The job has nothing to do with anything. You are way beyond trying to show a valid reason to come to the USA. I don't know what you did at the Border, but I am constantly warning people on this site NOT TO LIE AT THE BORDER. It almost never goes well for them. With that being said, only the waiver department knows what criteria is acceptable to recieve a waiver. CBP itself does not have any say in the waiver process, and don't believe anyone who says we do. The admissibility and review office in DC handles it all and has it's own secret guidelines. All you can do is apply and hope. Sorry I cannot give you any better hope than that.
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