Canadian visiting the USA after previously being denied?
I am hoping to hear from other people with similar experiences. What I am wondering is, what are the chances that I will be denied entry into the USA, after having been denied in the past? See the explanation below.
I will keep this as short as possible. Roughly 5 years ago, I attempted to fly into the USA from Canada and was denied entry. I was denied because I had overstayed a visit in the past, which I fully admitted and didn't try to fight it. I dug my grave, so to speak..
After being denied, I didn't try to enter again for about 2 years. The next attempt, I drove so as to avoid losing out on a nonrefundable flight. Well, I was granted entry into the country after having my car and luggage thoroughly inspected and questioned. This time though, I had to pay a fee to enter the country and they stapled a form to my passport. The form stated that I was to exit the country by the date that I told the officer. I complied and exited on the date that I reported and I turned the piece of paper over to the Canadian border agent when I came back to Canada, as instructed.
I have not tried to visit the USA since that last time.
Now, my friends and I have a trip planned in August to Las Vegas and I am trying to avoid any complications. We will all be traveling together and flying from Canada to Las Vegas.
Do you think I will have any problems this time, after fully complying during my last visit?
I should note that I am a Canadian and I am also a full time student, so I do have ongoing commitments here in Canada. Employment commitment is questionable, as I am on contract at the moment for an internship and it is unknown where/if I will be working at that time.
Hopefully someone will some experience with this can chime in. Thanks!
Best Answer
TL;DR; Opinion only
The best I can figure your entry to the US in 2009 was a fluke. Generally speaking under INA 212(a)(9)(B):
(B) ALIENS UNLAWFULLY PRESENT.-
(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-
(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or
(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States is inadmissible.
You should have received 10 year entry ban for the 1 year overstay in 2007, which would expire in 2017. The only thing that I can suggest is that I have sometimes noticed on busy land crossings the border control officers sometimes don't scan the passport of the arriving person (may be for the US reentry only but I can't be sure), or the system didn't flag you as having a ban (software error), which is possible due to a new passport or some other reason. So in 2009 on land crossing you should have been denied entry but were only given a going over by the CBP and Customs because you may have been acting nervously.
Going forward there is no reason that this ban won't come up when you try to travel to the US again. Additionally your admission at the border is if not fully then in a large part at the discretion of the Border Control admitting you to the US. With that in mind a previous ban may result in another denial of entry.
There are 2 forms that are for applications for Waivers of Inadmissibility(I-192, I-601) but I don't think that either will apply to you.
Pictures about "Canadian visiting the USA after previously being denied?"
How many times can a Canadian enter the US?
Canadians can usually stay in the United States for a maximum of six months (about 182 days), during a 12-month period. The allowed time spent in the USA can occur during one trip or it could be the sum of several trips.Can a citizen be denied entry to US?
If you are a non-citizen visa holder or visitor, you may be denied entry into the United States if you refuse to answer officers' questions. Officers may not select you for questioning based on your religion, race, national origin, gender, ethnicity, or political beliefs.What happens if you get denied entry to the USA?
What can you do? Individuals found to be inadmissible to the United States may apply to the Department of Homeland Security (DHS) for a waiver. If this \u201cUnited States Waiver\u201d is approved by DHS, individuals may obtain a US visa to enter the United States.How long does it take to get a waiver to enter the US?
How long does it take to receive a US entry waiver? The application process for a US entry waiver can take from six to 18 months depending on its complexity.Denied Entry! I was Kicked out of Canada
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