# Refused entry to usa on I 94



## colin2496 (Nov 4, 2009)

Hi all,

I have recently been refused entry to the US at a land port between US and Canada!! Was going to visit my Wife's Parents with her and they denied me entry saying that I was going to settle there as we couldn't provide proof of our return to Canada, because we didn't have anything like airline tickets that would prove our return trip. I think I was just unlucky??

They also booked me believing that I would simply drive to another check point and try there. In my passport they wrote the following: - 8CFR 217.4(a) (1) which is the law that they used to exclude me. Does anyone know if I can file for a 10year visitor visa or do I have to apply for my green card (this was the only solution offered up by the Boarder Official) which we were going to do this year at some point?

Cheers


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## Fatbrit (May 8, 2008)

Do you want to visit or live in the US in the future?

Where do you live now?


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## royanu (Feb 15, 2010)

Are you a Canadian Citizen? If so, please talk to the Canadian Consulate and see what they advise.

For future reference, even if you are or when you become a Canadian Citizen, do NOT go border-hopping. Always fly there. I have been through same (if not WORSE) treatement while being a Canadian Citizen at the US/Canada border and I can tell you that from experience.


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## colin2496 (Nov 4, 2009)

Thanks for the advice but we had to drive as we have dogs that we did not wish to transport by air due to cost. 
I am a UK citizen and I have now had to return to the UK as my job in Canada came to an end. My wife and I were told to apply for the green card as this was the only way that I would *ever* be allowed back into the usa.

We were wanting to go there anyway but just wanted to know that if I got a job here in the UK could I apply for 10year visitor visa or is the only way i'm going to be allowed into the US via a green card?


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## colin2496 (Nov 4, 2009)

My wife is a USC and has right to residence in UK


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## coloma gold (Jan 23, 2009)

colin2496 said:


> My wife is a USC and has right to residence in UK


I can't offer an opinion on your situation but I know that for the past year or so, the border people are getting real strict.. When visiting my son near Detroit, I need my passport because when I visit and return from Canada, they scrutiinize everyone.. Even US citizens with driver's licenses from California showing permanent residence address, etc.


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## Fatbrit (May 8, 2008)

colin2496 said:


> Thanks for the advice but we had to drive as we have dogs that we did not wish to transport by air due to cost.
> I am a UK citizen and I have now had to return to the UK as my job in Canada came to an end. My wife and I were told to apply for the green card as this was the only way that I would *ever* be allowed back into the usa.
> 
> We were wanting to go there anyway but just wanted to know that if I got a job here in the UK could I apply for 10year visitor visa or is the only way i'm going to be allowed into the US via a green card?


If you took the dogs with you on your border crossing, the outcome was pretty well guaranteed. Canadian snow birds might get away with bringing Fido in the RV.....but VWP entrants won't!

I'm still unsure what you want to do: visit or live here? They are two very different processes and it would, for example, be pointless to go through the rigmarole of getting a green card if all you intend to do is visit the in-laws for two weeks a year.


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## colin2496 (Nov 4, 2009)

Just applied for green card anyway but i was just curious to know if the boarder guard knew what he was talking about by saying I would never be able to visit there again without the green card. Can they ban me forever just from one refusual. I've posted the I-130 today.


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## Fatbrit (May 8, 2008)

colin2496 said:


> Just applied for green card anyway but i was just curious to know if the boarder guard knew what he was talking about by saying I would never be able to visit there again without the green card. Can they ban me forever just from one refusual. I've posted the I-130 today.


A VWP entrant has no rights at all -- CBP can refuse you entry for any valid reason. An intending immigrant is as good as any other.


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## colin2496 (Nov 4, 2009)

ok thanks fatbrit is this something that other people have experienced on here? I knew that the I 94 did not guarantee entry just thought it harsh as we had no intention of staying as i had already sort advice from you about changing my status from usa.


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## colin2496 (Nov 4, 2009)

OK so now my wife has posted the I-130 does anybody now if the situation quoted on the top of the post will cause problems with the green card issue?

Has anyone posted an I-130 to London this year,does anyone know the time scale of getting a reply


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## Fatbrit (May 8, 2008)

colin2496 said:


> OK so now my wife has posted the I-130 does anybody now if the situation quoted on the top of the post will cause problems with the green card issue?
> 
> Has anyone posted an I-130 to London this year,does anyone know the time scale of getting a reply


The incident should not cause you any problems for spousal sponsorship, but be sure to mention it if you are asked if you have ever been refused entry to the US.

If you filed the I-130 at London, they should let you know within a month or two whether they have accepted it or whether they refuse to accept it and want you to file with the service center in the US.


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## colin2496 (Nov 4, 2009)

Thanks fatbrit


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## Shipresa (Dec 9, 2008)

*3 weeks*



colin2496 said:


> OK so now my wife has posted the I-130 does anybody now if the situation quoted on the top of the post will cause problems with the green card issue?
> 
> Has anyone posted an I-130 to London this year,does anyone know the time scale of getting a reply


Hi, our I-130 was accepted and about 24 days later, we received the letter it was approved. Now our case goes to London (State Dept now, no longer USCIS.) We applied in third week of January 2010 and it was approved 12 Feb.

It goes faster via London, so you'll be sorted. Now do seriously consider - do you really WANT this permanent residency??? Its not required as a UKC to VISIT the USA. Sure, American wife, crossing by road a Canadian border with dogs and suitcases, as a UK citizen.... I've heard it happen. Heck, I lived most of my life near the Canadian border (as a USC on the US side) - things have changed much and even though I can show where I live and NY State plates on my car, I still got the grilling.

Once you become a PR (green card holder) you are now beholden to Uncle Sam for worldwide income...its a tax issue now. If you have no intentions to live and work in the USA, this is NOT something you want to do.

Again, next time fly and simply say "visiting friends" - but then again, I'm sure its on your record that you have an american wife. Which is NOT a reason to deny you entry, just the border guys see a car, dogs, destination....and wonder if you'll drive back to Canada, knowing that Canada and UK do not share identical citizenships... yeah, I can see them refusing entry. Sorry.


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## Hathal Nair (Jan 28, 2013)

*Denied Entry*

I've had a similar issue before, I learned that if you ever need a border crosing to go smoothly, you might want to get a TRP (temporary resident permit) before hand. This will allow you to at least know ahead of time if you can come through. Check out the explanation on youtube at this address (I can't post links yet 

Hopefully others can learn from our mistakes!


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## Davis1 (Feb 20, 2009)

Hathal Nair said:


> I've had a similar issue before, I learned that if you ever need a border crosing to go smoothly, you might want to get a TRP (temporary resident permit) before hand. This will allow you to at least know ahead of time if you can come through. Check out the explanation on youtube at this address (I can't post links yet
> 
> Hopefully others can learn from our mistakes!


Why are you answering a 3 year old question


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## twostep (Apr 3, 2008)

Davis1 said:


> Why are you answering a 3 year old question


Tried to get a video posted.


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