Denied US Entry in 2012. Is this on my PERMANENT record?
I have French and Canadian citizenship. Back in 2012, after a J-1 internship visa in NYC (under my French citizenship), I left the USA and went to Montreal before the end of my J-1. I then tried to get back in the US by bus purely for tourism purposes, and to my surprise the border agent denied my entry. His reason: I hadn't gone back to my residency country (which was France). And so they assumed that I was trying to settle as an illegal alien in US territory (I wasn't of course, and my plane back to France was leaving from NYC a month later, but I didn't have the reservation on me since I had no idea I was even doing anything suspicious.)
Finally, I stayed a month in Montreal, and went back to the US border (by bus) with my plane ticket leaving from NYC, and proof I had an appartement waiting for me in France (rent, gas bills, etc.). I pleaded them to let me get my plane, and they let me in, under the mandatory condition that I take my plane back to France (which I of course did).
Since then, I've been living and working in France. I have been back to the USA twice: once with another J-1 visa for another internship, and a couple of years later as a tourist.
The thing is: every time I've been back, despite having a J-1 visa or ESTA from the embassy, I've been put in the "back room" at the border, where a border agents asks you a lot of questions for quite a while. It's quite nerve racking, as every single time, I'm not sure I'll actually get in the USA.
This is even more problematic nowadays, as my current job in France will soon have me travelling to the US for business reasons. And missing a business deal because of an honest mistake I made in my early 20's would be quite a problem.
My question is this: Will this border denial in 2012 be permanent in my travel history/record? Is it possible to clean out this record? Is there a chance that it gets clean after a certain number of years? Or will I always be put in the "back room" for questioning for the rest of my life every time I try to enter the USA?
PS: I have NO criminal record. .
Best Answer
You can use the DHS Traveler Redress Inquiry Program to help clear up issues like being delayed at the border every time.
After you file your application, you will have 30 days to submit any supporting documents you may have. If you need more time than that to gather documents, you should get them first before you file a TRIP application.
As part of the process, you'll be assigned a Redress Control Number. You should give this number to the airline whenever you book airline tickets to or from the USA.
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What happens if you are refused entry to US?
The United States is currently limiting nonessential travel. If you have been refused entry at the airport because you are visiting you may be required to return once the US re-opens its borders to visitors. If you were denied entry due to another reason not Coronavirus related, continue reading through this article!What happens if you are denied entry to a 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.Can a US citizen be denied entry back into the USA?
The same is true for lawful permanent residents: you generally cannot be denied entry to the United States, but declining to answer questions may result in delay or further inspection. Refusal by non-citizen visa holders and visitors to answer questions may result in denial of entry.What is denied entry?
Entering the US with a Criminal Record One of the most common reasons an individual may be denied entry to the U.S is due to \u201ccriminal inadmissibility\u201d. This is a category that covers a variety of situations. However, having a criminal record does not always mean a person will be considered inadmissible.These Countries will DENY ENTRY at Immigration. Vacation Disasters
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Answer 2
Yeah, you're probably on their shitlist now. Make sure you bring an excruciating level of documentation with you each time, to try to expedite the process. You might not be able to avoid being dragged to the dungeon, but you might be able to make the interrogation shorter with documentation.
Bring a copy of your employment contract, apartment lease, report cards for your kid's free public school, statements from the secu showing no charge for medical procedures, whatever the twisted minds of US Immigration can construe to be proof that you live somewhere else and like it. Something pertinent to the current work project that's sending you there will help too, and something showing most of your actual work is done in France, where you live..
Answer 3
In my experience as a business traveller that crosses the border more than 10 times a year, to/from Europe and to/from Canada: I have been screened at "secondary inspection" multiple times, probably more than 5 times. This secondary inspection is what you describe as the back room.
There is no obvious observable trigger/cause and we have never been denied boarding. After the series of secondary inspections we went through, there is nowadays no more secondary inspection. There is no issue at check-in or boarding and border crossing is smooth. Unless you are denied boarding, which is an entirely different issue, there should be no worry about secondary inspection and I would not recommend raising the issue.
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