How to get a copy of paperwork from original denial?

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compumomNew Member
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Joined: 23 May 2011

How to get a copy of paperwork from original denial?

Post Mon May 23, 2011 11:41 am

I'm an American married to a Canadian, living in Canada. My husband was denied entry to the US in September of 2004. He says he was "processed and given paperwork" at the time, but he didn't keep it and doesn't remember what it said.

We were trying to cross for a day trip in 2006 (on our honeymoon), and he was denied and told he was subject to arrest if he tried it again.

How do we get a copy of what he was given at the time of that original denial? Whom do we contact, and what specifically do we ask for? Any guidance will be greatly appreciated.
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lawsrlawsCanuckAbroad VIP
Posts: 229
Joined: 28 Jun 2009

Re: How to get a copy of paperwork from original denial?

Post Mon May 23, 2011 6:13 pm

If it was due to a criminal offense, all he was given was an I-192 waiver packet. You can get one at USCIS.gov or just Google it. If it was any other refusal, there would be nothing given to him except for the refusal sheet, but nothing he would need. The waiver is $585.
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compumomNew Member
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Joined: 23 May 2011

Re: How to get a copy of paperwork from original denial?

Post Tue May 24, 2011 12:30 pm

Thanks for the reply. I just read through the law, and it looks like he actually falls under the "petty offenses" clause and was wrongly denied entry. Is there any kind of appeal or review available on that basis, or is it still going to require the full waiver process?
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agnelsonCanuckAbroad VIP
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Re: How to get a copy of paperwork from original denial?

Post Wed May 25, 2011 5:48 am

"I just read through the law...."
Good, now go see a lawyer.
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lawsrlawsCanuckAbroad VIP
Posts: 229
Joined: 28 Jun 2009

Re: How to get a copy of paperwork from original denial?

Post Wed May 25, 2011 8:17 am

What are his offenses? How were they handled? Summary or Indictable?

If he truly is admissible, just call the Port of Entry and ask them if you can find out if he is admissible or inadmissible. He should call, normally we can tell you over the phone if he needs a waiver or not. Some ports do not do this, but most will.
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compumomNew Member
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Posts: 3
Joined: 23 May 2011

Re: How to get a copy of paperwork from original denial?

Post Wed May 25, 2011 6:22 pm

Thanks again for your reply! I tried to send you a private message, but apparently it didn't go through. :-(

He says the one with a year's probation was a trial conviction for possession of marijuana. The 4 months (B&E) and 30 days (discharging a flare gun) that he served were summary convictions.

We'll try calling and see what they tell us over the phone.
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lawsrlawsCanuckAbroad VIP
Posts: 229
Joined: 28 Jun 2009

Re: How to get a copy of paperwork from original denial?

Post Thu May 26, 2011 2:24 pm

He is inadmissible on the possession charge alone. He will need a waiver as I stated previously. (I-192)
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