questions about crossing the boarder by train and interview

Ok guys my situation is a little bit complicaded

I'm a dual citizen, Canadian and Brazilia (my father is Canadian).
I'm resident of Brazil.

my following resumed story:

I came to the U.S. by plane on august 2008, since I was heading
to Toronto by train, I stayed 3 days in the city to buy stuff (got a stamp on my passport and no i-94)

I stayed in Canada until january 2009 to learn english, came back to Brazil to visit my family (by plane)


after staying 3 weeks in Brazil I went to the U.S. by plane on january 2009 I stayed there as a tourist until june (5 months). got a stamp on the passport but no i-94.

I came back to canada through the boarder on june 2009 for one day, and came back to the U.S. by train, they put me out of the train and I got a fucking scared, the guy was suspious that I did'nt have a job and my father supported me, I told that I was having vacations after finishing my college, which is true (my family is kind of rich here in Brazil and I don't have to work). they let me in and no i-94

I came back to Brazil on december (completing my stay of 5 months) and now I'm applying for a student visa in the U.S.

the problem is, that I didn't overstayed, I stayed for 5 months, one day interval and more 5 months in the us again.

So, can I lie in the interview? do they have any record of my departure by train? I don't remember any paper and I'm 100% sure that I didn't have any stamp or i94, or they can know by their computer system or passenger list the correct dates that I entered and left their country

So, can I lie in the interview? ...

No--not a good idea. They may or may not have a record of all your movements but it is not safe to assume they don't plus if they are suspicious (possible given what you said) they are good at getting at the truth with a few quick questions.

Do YOU have any record of your one day departure in June 2009--eg hotel receipts or credit card statements for 1 night in Canada? It might be good to bring what you have along so you can prove it was really two stays of 5 months not one stay of 11 months.

I might have some receipt but I think I paid by money
but the problem is, supposedly I broke the law staying 5 months after a period of 5 months, what I know is that I am suposed to wait 6 months to enter again in the U.S.

So, that's why I'm willing to lie, because If I broke the law, they will refuse for sure

So, that's why I'm willing to lie, because If I broke the law, they will refuse for sure

Well first a Canadian citizen doesn't need an actual visa but instead merely needs to enter with their student status paperwork in order--so the exact time of entry/departure in the past is often not questioned. They know that--even these days--the system of dealing with Canadians coming and going is a bit more casual than for other countries, so their rules are not that hard-and-fast.

If you tell the truth, and you have a legitimate basis to enter as a student, there shouldn't be a problem.

If you tell the truth, and you have a legitimate basis to enter as a student, there shouldn't be a problem.

Conversely, if you don't tell the truth and they catch you lying or can prove it, they have the power to bar you from the U.S. for a lifetime without an immigration judge reviewing it. Now that is pretty serious stuff so you might want to think twice before being dishonest with the DHS.

Lying to a CBPO is a bad bad idea. One lie will lead to several lies and a lifetime of bar, if you made a mistake you made a mistake no one is perfect

Oh did i mention not to lie

Thanks

Hi Friends

I am a Canadian citizen. I have lived and worked in USA for few years till last year on TN.
Now i am back in CANADA and have to travel to USA for a job interview by flight. Can i get some help on what is the best answer to give at the customs?

Can i be upfront about the job interview?, i am traveling with a one day return ticket with one pair of clothes

Need help urgently , any recent experiences much appreciated

Regards

V

You need to be 100% honest as to why you are entering the U.S. otherwise it could cause you big problems re-entering in the future. They can bar you easily for not being upfront as to why you are entering and the nature of the bars can be quite serious for people unfamiliar.

It is perfectly okay to enter for interviews via B-1 Status. Lacking any formal documentation for the interview, in lieu of that, you could indicate the name of the potential employer and contact information including phone number and location.

You need to be 100% honest as to why you are entering the U.S. otherwise it could cause you big problems re-entering in the future. They can bar you easily for not being upfront as to why you are entering and the nature of the bars can be quite serious for people unfamiliar.

It is perfectly okay to enter for interviews via B-1 Status. Lacking any formal documentation for the interview, in lieu of that, you could indicate the name of the potential employer and contact information including phone number and location.

Hi,

I agreed with you. Any way, your points of view make me thinking about some thing for my project.

Pls try to keep posting. Tks and best regards

Thank you for your kind words.

It is not really a viewpoint, it is the part of the real world, reality if you like or want to describe it that way.

The other part comprising that reality are the employees of CBP and the DHS who are human beings and make mistakes. Some CBP and Department of Homeland Security Inspectors continue as of this day to be ignorant and unaware of the laws and rules surrounding U.S. Immigration. People are even offended when bad things do happen at the border such as the discovery of a bar, being refused entry, having their status revoked or having to withdraw their application for immigration status.

A detailed reading of this forum should give you sufficient evidence of the inconsistencies that prevail in the real world. Some squeak by without an issue while others seem subject to draconian measures at times, almost viewing the experience as something personal.

It is not so much an issue of American immigration law being subjective but how inconsistently the laws and actual regulations are actually applied under the various entries at the border.

I deal with the facts and reality of U.S. Immigration and my posts have reflected that. Some have disagreed with me but I want to assure you that these individuals are not immigration lawyers; they are only blogging what they have learned.

I have had the guidance of authentic U.S. Immigration Lawyers and can speak confidently on the subject matter.

Good luck in the States.