Denied Entry into USA - Impact on Future Travel
My colleague and I were denied into the USA today from Canada for a work-sanctioned trip. We are both Canadian citizens with Canadian passports. My colleague was unable to properly communicate the objectives of our travel and unfortunately the border guards interpreted this as work that would require to have TN visas. So they took fingerprints and whatnot and denied us access. A few questions:
- What will be the impact of this when traveling to USA for pleasure? Are there any restrictions I should be aware of in the future?
- Is there a certain duration in which the information will be removed from the file?
- Will I require a Visa whenever I travel to the USA for work related reasons? Meetings for example.
- Will this impact the potential for immigration in the future? Note: not interested in immigrating, just curious.
Best Answer
I've been in exactly this situation.
There are no official restrictions (see below), but you may get asked extra questions. As long as you weren't denied entry because you were in the US too long (and it sounds like you weren't), this is not a "bad" denial as if you were a criminal and denied entry.
I couldn't find any information on this, but I have had friends who were denied TN-1 entry (or forgot to return their TN-1 card on exiting) that still get questioned about it 10 years later.
No, not required, but each border agent is different. Officially, if you are going for a short period of time for business, no one cares: provided you are explicit it is for meetings, no work will be performed there, etc. But again, the "official" rules are subject to the whim of the border agent. The key is to prove that no work will be performed, otherwise it falls under the requirements for a TN-1.
The nonimmigrant NAFTA Professional (TN) visa allows citizens of Canada and Mexico, as NAFTA professionals, to work in the United States in prearranged business activities for U.S. or foreign employers (http://travel.state.gov/content/visas/english/employment/nafta.html)
It should not, as it is not a "real" denial of entry in any sort of criminal-related manner. The border agents in Ottawa were quite clear about this.
The most relevant sections are here:
For example, if the inspector denied the TN application due to an accumulation of unlawful presence under INA § 212 (a) (9), this could result in a 3/10 year bar to the U.S. Egregious immigration violators may be expedited removed from the U.S., which results in a 5 year bar to the U.S. If the border inspector denied the application based on fraud under INA § 212 (a) (6), this would result in a lifetime bar to the U.S. In most of these scenarios, only subsequent obtainment of a waiver may permit entry to the U.S.
(That doesn't seem to apply to you.)
If the inspector denies the TN visa application because he/she believes that the applicant does not meet the basic requirements for the TN, the denial (generally issued under INA § 212 (a) (7) (A) (i) (I)) normally does not result in a specific bar to the U.S. However, the denial usually will result in heightened scrutiny the next time the individual seeks admission to the U.S.
(This does seem relevant)
Pictures about "Denied Entry into USA - Impact on Future Travel"
What happens if refused entry to USA?
If you are denied entry by US Immigration, the airline is responsible to fly you back to your country of origin - or at least wherever your arriving flight came from.What happens when you are denied entry to the US at the airport?
Many foreign travelers are denied entry to the US at airport terminals every day. When you get to the airline counter, three things could happen: They apply your return ticket to your flight back. They add a fee to change your return flight date.What happens if denied entry into country?
The range of options here include them applying your return flight to the flight on which they take you home without charging anything more, doing that but charging a change fee, or requiring you to buy a new ticket\u2014up to and including a full-fare, one-way walk-up ticket.Why might a person coming to the United States get denied entry?
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 When You’re DENIED ENTRY TO THE US at the AIRPORT or PORT OF ENTRY | Immigration Lawyer
Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.
Images: James Lee, James Lee, Dave Meckler, Alyssa Rose