Help! I was refused entry for "attempted to work illega

On Nov. 27, 2007, I entered an agreement with a new automotive show and sales company in Dearborn, MI, as their off-site sales representative in Canada. The company asked me to attend their weekly information meeting. On my way to the meeting on Dec. 4, I was stopped by a border officer and led into their Customs and Border Protection (CBP) office. I tried very hard to explain my situation to the CBP people: (1)I did not work in the US and have no intention to do that. (2)I will not be paid by attending any company meetings. (3)I agreed to work for the company only on commission based and only in Canada. (4)I have not made 1 cent from the US based company yet. However, despite all my efforts, the CBP said I was "attempting to work in the US illegally" without a work permit, and then turned me back to Canada. One black officer even threatened me by saying "I want to bar you from entering the US for 5 years!"

Does anybody know the law related to my situation? Or, does anybody have the same experience? Can anybody answer me: as a US based company's sales representative in Canada, do I need a visa or work permit to attend any company meeting or training? What does the US law say? Is it illegal to work for a US company from home in Canada? Where can I find more information or help?

My friends suggest I should appeal to the US customs or immigration about this case, because the CBP may have set a negative flag on my record that will trouble me in my future border crossing. How do I appeal? Do I need a lawyer?

Please help! Somebody! Anybody!

Sounds fishy to me, the whole purpose of the B-1 entry is so that you can attend business meetings in the US.

What I did when this happened to me at Hartsfield Intl was that I simply sat and waited in secondary inspection, then I got some idiot USCIS person, and basically I just refused to co-operate until they got someone who had a clue about immigration laws into the office. Eventually the head person there showed up and she responded to reason.

I was refused entry (years and years ago now) for business reasons as well, and my company had to get me an L1B visa (I was a consultant for a Canadian branch office of a US co. and travelled often to the States to train and for meetings).

From how I understand it, you cannot work in the US without a proper visa to allow you. I don't know if you'd need to apply for a work visa (B1, TN, L1, or ) or not, but you could make an appointment to see someone at the US consulate near you to find out about it.

Now that you've been refused entry, your life will be miserable any time you try to cross into the US. If you're carrying anything work related, even one single business card, you could be denied entry again.

The CBP officers can deny you and bar you from entering whenever and however they want. There is little room for appeal without a huge lot of hassle and further humiliation. You'll likely have to bite the bullet and get some sort of visa before you even attempt to cross again for business purposes.

I think this US system is getting out of control. Visiting for business purposes requires absolutely no visa for sure but the 2H's (hassle and humiliation) have me wondering really what is going on here.


1. You should have a letter from the US company with tel etc. indicating that you are there for a meeting. Ask the officers to call the company. I always ask the company i visit to type up a letter. I do not knowif you did this.

2. I have never crossed by land but what I do know is that at the airports, they cannot give you a 5 year ban. Only at land entries they can do that. Did you attempt to cross by land and if so, the officer can do that.

CBP is really tough these days, especially on business visits. We often deal with this. The employee makes an attempt to enter as a business visitor, making an oral application, and CBP doesn't find it acceptable. Best course of action would be to cross a good port of entry, when the Free Trade Officer is there, and ask to see the Free Trade Officer. Most FTOs work normal hours, M-F. I would obtain a letter from the company explaining exactly what your purpose is.

I think this US system is getting out of control. Visiting for business purposes requires absolutely no visa for sure but the 2H's (hassle and humiliation) have me wondering really what is going on here.

Its not just a recent thing though. When I was denied entry and barred for business trips, it was Before the attacks of 9/11. And several other of my co-workers also experienced the same thing, all before 9/11.

I was also hassled fairly often for not having a passport, years and years and years before it was even in the news everyday that it would be a requirement.

Border crossing has been luck of the draw for a long long time now, however since 9/11 and the Patriot Act, its become more like a crap shoot.

I think that is true as i was given a hard time in 1999 (tourist) and business trips thereafter in 2000 and 2 trips in 2001 before September. I think that it is a luck of the draw if you do not have a letter. Letter is key. Did you have a letter on the trips you were hassled on ?

You should have also had some ID other than a passport, only a drivers license has never been enough to get in easily. That's the other mistake made by Canadians. Now there is no choice anyway.

I just want to make sure that the 5 year ban cannot be imposed at the airports. Can someone confirm that ?

CBP is really tough these days, especially on business visits. We often deal with this. The employee makes an attempt to enter as a business visitor, making an oral application, and CBP doesn't find it acceptable. Best course of action would be to cross a good port of entry, when the Free Trade Officer is there, and ask to see the Free Trade Officer. Most FTOs work normal hours, M-F. I would obtain a letter from the company explaining exactly what your purpose is.

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the 'good' POE keeps changing too ?

The only port which I can think of which I have received lots of positive feedback from clients this year is Highgate Springs, VT.

I just don't understand why people keep using the ports. Why don't Canadians just use the Toronto and Vancouver International Airports ?