Denied Entry to the US

Hi there,

I'm just going to start from the top:

I am a 24 year-old female Canadian citizen and my boyfriend is an American citizen looking to live in Canada by means of a working visa. Recently I was laid off from my job and since it's taking quite awhile for my boyfriend to get his visa, we thought it would be the perfect opportunity for me to come and stay with him for a little while in Chicago (at the most - 6 months).

Since he recently moved into a new apartment, I decided to bring some houseware items along with my clothing and my dog. I knew this would require some explanation at the border so I called border control ahead of time and asked if there was anything I needed to know before bringing a van full of stuff across. All I was told unfortunately, was that I'd need an inventory list of everything in the van and I'd be fine.

Last Saturday night we arrived at the border and were taken into the office for questioning. The only tie to Canada I had on me was a school acceptance letter for next September (which is more than 6 months away) and this wasn't good enough to proof that I wasn't trying to immigrate illegally (which they thought I was). I was formally denied entry and my prints and photo were taken. After that they gave me a list of items I needed to bring with me next time to prove ties to Canada.

The problem is, I can only probably get 6 out of the 12 things on the list (including Evidence of Financial Support, Income Tax Return, Police Clearance, etc.) and I've been hearing a million different things from different people. I talked to an immigration lawyer who says I need a "US Entry Package" which costs $1800 and seems to be just a package of the things I was given a list of anyway. My Member of Parliament says I need a US Visitor's Visa to stay for 6 months. The supervisor at the US Port of Entry says all I need is what they told me to get on the sheet they gave me.

So I guess my question is: After being formally denied entry to the US, aside from obviously NOT bringing anything but a suitcase of clothing and stating my intentions (Intending to stay for only 6 months as a VISITOR), do I really only need to bring some ties to Canada, or do I actually need a visa?

Thank you!

There is no "visa" for a Cdn entering as a tourist. Period. You simply request entry on B2 status and it is completely up to CBP. 100%. No one else gets involved (Visas are issued by the State department through a consulate -- that is for non-Cdns only. CBP is not under the state department). I hope your MP knows more about other things, 'cause he knows squat about US immigration.

To enter on B2 status you need to provide the following assurances:
1. that your entry is for tourist purposes, not for looking for work (that is where your finances comes in).
2. That you maintain full-fledged residence in a foreign country (ie. canada) (That is where your lease, utuilties, etc come in)
3. That you have sufficent reason to return to Canada that you will not be an overstay risk. (that is where proof of job, school, dependants, etc comes in). Bringing a van full of stuff plays AGAINST such assurances.

The entry package is not something that a lawyer must provide, but if he does, he will of course charge for his time in preparing it. That is what lawyers do.

however YOU must provide as much of what (a lease, utity bills, a job in canada, etc) that show your life remains in canada and are just visiting. The Police clearance is not typically required required if you were merely denied entry. It looks however that you were more than simply turned away.

As to being told one thing by phone and another once you get there, that is the perfect way of trapping undesirables (which is what you are in their eyes) with their guard down. They do this all the time.

This was a simple 7A1 refusal. We always fingerprint anyone that is refused entry. The sheet they gave you was a "7A1" letter. Unfortunately even with all of the things on the list, you are still going to be looked at as an immigrant. Calling the Port of Entry for questions on bringing belongings in never goes well. Most of the time you are talking to someone that is assuming what you are doing, or guessing. The fact that you just stated "at LEAST 6 months" tells me that the refusal may have been justified. No lawyer or MP can help you. We are not influenced by either. The only one who matters is you and what you can show us to prove you will return to Canada.

"Trapping Undesirables" come on AG, your watching too much Border Wars...........

Had a similar situation years ago however was still let in with conditions...

They asked for, Rent/Mortgage lease, bank statements, pay stub, electric bill, phone bill, etc... I had everything as I was living on my own. I never crossed that border again as I was so disgusted at the way I was treated. I prepared everything on MY OWN. Fairly easy because I had no immigrant intent. The next time I crossed, they didn't ask for any documents so it was one big bluff it seemed.

Aside from your experience, you NEED to provide proof of ties. Forget trying to cross if you don't have anything to show. You will most likely be denied again. You DO NOT need a lawyer to prepare docs for you. Just do as the sheet instructs you to do and simply seek legal advice which will cost you less than $1800.

You're better off sponsoring him to live in Canada. Best of luck.

Thanks everyone. I edited my original post, as Laws pointed out I said "At least 6 months", I meant at the MOST, 6 months. Im well aware that as a visitor I can only stay for that period of time and believe me, I would never overstay that welcome as it's kind of important to me that I stay in the good graces of the US government (I'd certainly like to travel to America again sometime!)

Im gathering all the ties I have to Canada, and if I really don't need a visa or a lawyer or anything, hopefully there will be no problem next time as I'm really just trying to visit. I do plan on sponsoring my boyfriend, as Dremani suggested, but in the meantime I just wanted to visit him in the States! lol

So next time, do I hand the toll-booth guard all my documents up front? Or do I tell him I was denied last time so I can go back to the office and give them my proof there?

Thank you again everyone for the advice

"So next time, do I hand the toll-booth guard all my documents up front? Or do I tell him I was denied last time so I can go back to the office and give them my proof there?"

Just go to the border with documents and answer only what you're asked when you arrive there (with documents of course)...

When I went back with my envelope of documents, they didn't even ask for it. They stamped my passport and sent me on my way. However if they ask, provide proof and answer ONLY what asked with good and honest intention.

Hi again everyone

We're trying again to visit the States this week and I've managed to get every single proof of ties on the sheet they gave me - we even got a return flight for April (which worked out great since plane tickets are so cheap so far in advance!). Everyone is saying that I'll most likely get pulled over again once they scan my passport and see that I was denied last time, but Im confident that I can show them I truly am just a visitor who just made a mistake last time - and learned from it!

Thank you for all the advice, this website has been a great help!

Yes, you are guaranteed to be more highly scrutized from now on. But, with docs, clear answers and a smile, you wil get in... provided you meet the entry criteria.

One more question, please!

The border we came to last time was 8 hours away from where I live, but we picked it because it is on the way to Chicago. There is a border closer to where I live (about an hour and a half) and we were wondering if it would matter to anyone if we tried to cross that one instead.

Does it matter if we go back to the same place? We thought it would look better if we just went back to the original border where I was denied but if it doesn't matter, then it would be easier to come home should the worst happen (again, lol).

Go to the POE which makes sense for your journey. It does not have to be the same one