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I Was Denied Entry to the US. What Do I Do?

Denied entry to the US Q&A

Question. I was denied entry to the US. What do I do?

What do I do if I am denied entry to the US?

Answer. Getting denied at the US border whether a land border or the airport is often a traumatic experience.  In addition to being told that you cannot to travel, US Customs usually finger prints and photographs you making you feel very uncomfortable to say the least.

The most common reasons for being denied entry to the US is due to having a criminal record, in some cases very minor. The other reason is that there may have been some “US immigration history” of you being an “overstay” in the US in the past.  Finally, it may just be that US Customs does not believe that you are a “genuine visitor” and do not have sufficient ties to Canada or your home country to warrant admission to the US as a visitor.

What are your options when denied entry to the US?

Whatever the reason for being denied entry to the US, there are two solutions to deal with the problem. The first is what we call a “US Entry Package’ or UEP.  A UEP is a prepared set of documents with a cover letter addressed to US Customs and Border Protection outlining your ties to Canada and that you wish to enter the US as a genuine visitor for a temporary duration. A UEP is prepared at our office and is given to you to present to US Customs. It serves to clearly show that you are indeed a legitimate traveller. The UEP is usually for people who are denied entry to the US on grounds that US Customs does not believe you are a genuine visitor to the US.

The other approach is the apply for a US Entry Waiver or I-192 Application. This is really for people who are “inadmissible” to the US for reasons of criminality, misrepresentation or US immigration violations such as overstays or unlawful working in the US. A US Waver or I-192 application is a formal application that involves the completion of application forms and preparation of supporting documentation. The applicant also has to get RCMP fingerprints as well.

A US Waiver can take 6-8 months to process and the applicant has to wait until it is approved before attempting to enter the US. US Waivers can be granted for a 5 year period and during this time, the applicant can enter the US. After the  US Waiver expires, then the applicant has to apply for a renewal.

Why Hire Us to Help You With Your Denied Entry Case?

For over 15 years, we have helped countless individuals who thought they had no hope in entering the States due to a refused entry with their cases.  Our experience with immigration law has allowed us to help individuals enter the U.S., who otherwise would have not had the opportunity.

The first step towards dealing with a denied entry to the U.S is getting an assessment of your case. Fill out our free immigration assessment form or contact us, and we will get back to you within 24 hours to discuss your eligibility and options.


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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

258 thoughts on “I Was Denied Entry to the US. What Do I Do?

  1. Vanessa

    I was denied entry at airport and visa Cancelled. It was a very traumatising experience felt like a criminal. My question now will this affect my daughter of 2yrs old visa in any way . My mom is also a resident of the USA will this affect her filing for me in the future.

    Reply
    1. Muga Rajbhandari

      Hello Vanessa. Thank you for writing to us. A denial at the border is a serious matter. In order to determine the effect that it will have on your daughter, and future immigration requests by you, we would need to know all the details of your situation, the visa that you had, and the reason for the denial. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  2. Tim

    I’m working in the US on a H1 for over 7 years with an approved I140. My fiancé, my child and me are planning on flying back together after my visit to them. They are on B2 visas. Will this cause a problem at the Port of Entry since we’re on different visa categories. They are going back in about 3 months and we have the return tickets for them.

    Reply
    1. Muga Rajbhandari

      Hello Tim. You should switch the family to H-4 visas, they shouldn’t be travelling under B2. Also, if there is a pending I-140 the spouse on H-4 may be eligible to work in the US. If they continue to travel on B 2 visas, they may be subject to higher scrutiny. If you need help with your application to make sure that you are not making any mistakes, and so that you will have a legal team taking care of all the matters that may arise, then please contact us to book a consultation with one of our immigration professionals. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  3. Ash

    I was recently denied entry to US and got my h1b cancelled with prejudice stamping on my passport. It is employer mistake who asked me to pay h1b fee as refundable amount and I did. Officer mentioned am not suppose to pay and asked me to file new petition from good employer.

    Will this visa cancellation affect getting non immigrant h4 visa or immigrant visa GC from spouse any time in future ?

    Reply
    1. Muga Rajbhandari

      Hello Ash. I am sorry to here about your entry denial. Every denial appears on your permanent record, and must be explained for every immigration step that you want to take in the future. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you and your family. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  4. Raj

    My 1st H1b visa got cancelled with prejudice reason during POE saying intended immigrant with non immigrant visa for reason they found email for paying processing fee which is employer mistake who asked for it after giving letter as refundable amount with salary/joining. Now employer is refunding the fee and also cancelling h1 petition to allow me to pursue new visa opportunities since have 4 years unused h1b cap excempt. My file got damaged bcz US employer as not followed law . I have all evidence letter and email.
    I was in USA legally paid all tax for 2 years, my marriage plan got affected !! will i ever get immigrant visa from spouse ?
    officer told i can go for stamping with new petition from good employer, will i get non immigrant visa since my file shows have violated US law ? please let me know your opinion

    Reply
    1. Muga Rajbhandari

      Hello Raj, I am sorry to hear about the difficulty that you are facing. I am going to suggest that you contact us as soon as possible to make an appointment to talk with one of our immigration professionals who will be able to look at all your factors and your situation and plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  5. kaki

    my 2 years valid visa was cancelled, i have visited 7 times in past five year, my USA citizen boyfriend an officer. we had a son together and even adopt 9 years old daughter together. my son need his vaccination and he was under treatment before i forcefully brought him back to my country because of my job. i took him for vaccination my country but he was rejected because the doctor that they dont know injection they been given him in USA that i shul take him to USA to complete his treatment and his vaccination there. my visa was cancelled under214b. my son hospital in usa has demand of see him with medical appointment date for him and his still under infant. what can i do?

    Reply
    1. Muga Rajbhandari

      Hello Kaki. I understand your frustration and concern. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Muga

      Reply
  6. AFDZP

    I am from Venezuela, I was in the US from december 2015 to may 2016 (almost 6 months), on a tourist B1-B2 visa. Hadnt gone to the US since 2012.. I am coming back in july 2016 to the US for another 4 months to do a short course. I have a resident visa for Mexico and will be going there to live after this second long stay in US. I am worried I might get denied at the US border since I was just there for 6 month; will my plane ticket to mexico (which I already have), resident visa and genuine intentions to just visit be enough to show I am not looking to overstay my visit? I am also able to show enough funds in my account to sponsor my visit, should I show records? Thank you

    Reply
    1. Muga Rajbhandari

      Hello.
      The documents you mention should be sufficient for your intent to depart and that you have reasonable ties outside of the US. You should not have any issues returning however your entry will remain at the discretion of the Officer and may be subject to higher scrutiny given your recent trip of 6 months. Although he is permitted to stay up to 6 months and later re enter, the Officer may think that you have spent too much time in the US. You should also have proof that the courses you plan on taking do not require a study permit.
      Regards, Muga

      Reply
  7. Johnathan Alleys

    I was denied a B1/B2 class USA visa more than a year ago and ofcourse i am excluded from the ESTA waiver program, i am planning to travel to Canada next month and i applied for the new Eta visa needed to travel to canada and was approved in minutes. I answered NO in the canada question about being rejected visa from other countries in the past, is there possibility that the canadian border officer will check this somehow with the usa database and create me problems at the border? Thanks.

    Reply
    1. Muga Rajbhandari

      Hello Johnathan. The visa denial is something that will continue to appear on your permanent record. Canada and the US share vast amounts of information. You should always answer questions truthfully when you are asked.
      Regards, Muga

      Reply
  8. F Ahmed

    Hello,

    I was on F1 student visa. I violated by working in USA and misrepresenting the fake documents and also I applied for Tax return. In overall US immigration immediately deported me after long interrogation and mentally torturing. The VISA has been cancelled two red “Cancellation” stamped on actual VISA page. And said I cannot re-entry within next 5 years until I get waive letter from US embassy of Bangladesh. So, now what should I do and what to do. What is my next step to get re-entry to USA again. Please advice me I think I am only the first person who faced this traumatic scene in my whole life. I appreciate your kind feedback ASAP. Thank you.

    Reply
    1. Muga Rajbhandari

      Hello. You have to wait the 5-years before you can apply for the waivers that would allow you back into the US.
      Regards, Muga

      Reply
  9. diana polite

    Hi , my swedish mother came to visit me as a tourist here in the US , 1st of October 2015 & stayed 90 days , left back to Sweden 1st of January 2016 , She now wants to visit me again in July 2016 is she allowed to visit again for 90 days since its a new year? Or does she have to wait until October 2016 , just concerned since its 90 days per year. I wouldn’t want her to get denied entry because of traveling to soon.

    Reply
    1. Vahe Mirzoyan

      Hello Diana. Thank you for writing to us. Your mother can visit in 90 day stays, provided she exits by the 90th day. She can repeat this several times within the year.
      Regards, Vahe

      Reply
  10. Mario

    Hi, my wife was traveling to the united states with a tourist visa.. She was was denied entry at the houston airpot IS. They canceled her visa with 212a7AiI.. We are married and have a son.. I am a US citizen. Can we fight for a waiver so i can bring them here?? What are our chances?? Thank you for your time

    Reply
    1. Vahe Mirzoyan

      Hello Mario. Denials at the airport are very frustrating. Without having all the information regarding your wife’s situation, it is impossible to give you guidance. We would need to know such things as your wife and child’s citizenship. your wife’s status in the US prior to the border entry denial, and the full circumstances of the denial. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for your family so that you can all be together in the US. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  11. ebuka

    i want to know . if a nigerian who have a fiancee in the united states and have met his fiancee in india once before she moved back to the united states and filed for him to come over be deined visa. only because he had over stay in india and was deported back to nigeria. pls will the person be deinied american visa. help me on the necessary step to follow so i can be with my fiancee in the united states , we have talked for 2yrs and seen once in india.

    Reply
    1. Vahe Mirzoyan

      Hello Ebuka. There are many reasons why a denial may be issued. In order to give you the best advice we will need to know a lot more about your specific situation. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  12. Ray Sidrack

    a friend who is an australian citizen applied for a us visa which was denied in australia becuase of a very minor criminal offence. they were planning a trip to usa and canada but now cannot go to usa.
    Can they still go to canada? the offence was minor and is not on their record, but now that they have been denied entry into the usa they are worried they will not get into canada and that canada will deny them entry becuase the us has.

    Reply
    1. Vahe Mirzoyan

      Hello Ray. Canada and the US borders are controlled separately, but there is a sharing of information. What may happen is that your friend may be asked at Canadian immigration if he has ever had an immigration refusal before. He would have to answer truthfully, and explain the entire situation. It would then be up to the discretion of the immigration officer whether to allow entry into Canada. The other option is to have an Entry package prepared that will present all the facts and explain the entire situation to the immigration officer. If your friend would like to go this route, he can contact us to make an appointment to talk with one of our immigration professionals who will be able to help. He can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  13. Karoline

    Hi,
    I am Dutch citizen living on residency permit in Hong Kong. Managing partner in a firm. I have ties to my new adopted country BUT previously I lived in the US. Married to an American citizen.

    My husband wants to go for a holiday to the US. Based on my history I ‘m afraid that the US border patrol might not allow me in. Any suggestions ? Or are my concerns invalid ?

    Reply
    1. Vahe Mirzoyan

      Hello Karoline. From what you have written, there should not be any problem with you going to the US, provided you do not have any inadmissibilities such as a criminal record, or a deportation order.
      Regards, Vahe

      Reply
  14. Jennifer

    I went to the US when i was 16 with a b1/b2 visa. my mom’s friend who lives in America and hosts students at her house invited me to stay with her so i could finish my high school in America after 6 months i applied to stay for 6 more months and i received a letter saying YES after that i asked my mom’s friend to help me to change my status to student we went to an english school, got the papers everything i needed but she asked for another 6 more months instead (i didnt know it) and it’s not possible to do that again then i got a letter saying that i couldnt do that and to apply for another status so i went to the school myself got the papers i did everything again. This friend got a letter and told me after 1 month when my mom was already in america (came to visit us) and what happened? I overstayed for 11 more months after that letter (it was declined) and i left america when i got the money to buy a ticket. (So i lived for 2 years and 5 months) can you tell me if the ban is 3, 5 or 10 years? Now my italian step-dad adopted me and i changed my middle and last name and got an italian passport i really wish i could go back to study with a student visa but will i be able to get a student visa? and my step-dad was asked to work in miami with a work visa and he can take my mom, brother and me but will i be able to get a visa with this new name and passport? i know theres a process to get the visa where we need to fill out an application and answer the questions truthfully and i would say the truth. Honestly is there still a chance to go back or am i banned forever.

    Reply
    1. Vahe Mirzoyan

      Thank you for writing to us Jennifer. It must be very frustrating having to deal with all the complexity of the US immigration laws. When you overstay on a visa it is serious. You cannot take it lightly. With all the advice that you have been receiving from friends, I would suggest that you talk with our immigration professionals who can sort out all the details and develop a plan for you so that you can be in the US. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  15. David

    Good night

    I would like to know if can reapply for a new f1 student visa after my entry to US was denied and my b1 and f1 visa were canceled, it happened two weeks ago and the board officer said I have to go to my country and reapply for a new f1 visa because I did withdraw my application to get in to US so
    I’m not banned!! The classes will start on April 11 2016. Do I have chances to be approved after that ??

    Reply
    1. Vahe Mirzoyan

      Hello David. Thank you for writing to us. You are in a difficult situation with the denial. Immigration is very complex and difficult to navigate. I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  16. Showkat

    hi,
    I am born in Dhaka, Bangladesh.
    In 1996, as a Bangladesh citizen, my application for a US student visa was refused twice at US Embassy, Dhaka, Bangladesh.
    Then I migrated to Canada in 2010. I am a Canadian Citizen now and have Canadian Passport.
    I am planning to visit USA by air in coming May.
    My question is, will there be a problem at the airport with US customs and immigration clearance?

    Reply
  17. Niyi

    I was traveling to the USA on a B1/B2 visa on October 4 2015 on Etihad airways. At abu dhabi airport I was screened and it was discovered that my wife and two daughters are on asylum pending in the US, and information that I didn’t indicate when I filled my application. My visa was cancelled with I-275 printed on it, was ten-printed, photographed and interviewed with the text of the interview printed for me to sign, a copy was given to me and I was returned to Nigeria. I have thereafter applied twice for the B1/B2 visa and denied. What do I need to do get my visa back. I need to visit my family. I do not intend to go and live in the US. At least not for now as I have a good business in Nigeria and I provide sustenance for my family in the US from Nigeria. I cant afford to leave my country and do odd job. Besides I have aged parents that I care for and three children from previous marriage. Your advice is needed. Thank you.

    Reply
    1. Vahe Mirzoyan

      Hello Niyi. You have a very serious situation that needs to be addressed immediately. I am going to strongly recommend that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  18. Scott

    Hi there,

    I was recently denied a B2 Tourist VISA to visit the USA between May 25th and August 29th 2016. I was unaware of the ESTA before going for an interview and did not think I would be denied.
    The woman at the London embassy only interviewed me for a couple minutes and didn’t even look at my documents (flight details, bank statements, travel insurance, job contract, college details).
    I am 18 years old and previously had a J1 VISA when I attended high school in America from August 2014-May 2015. The woman at the embassy denied me due to me not having significant ties to my country… As you may figure I am devastated and trying to figure out what I can do.
    I want to know if I can apply for an ESTA in May of this year and take the chance of it being granted? If it is, and I get to the USA, could I run the risk of being denied entry and flown back home?
    I appreciate all help.

    Reply
    1. Vahe Mirzoyan

      Hello Scott. Thank you for writing to us. Not only is a visa denial frustrating, but it is also something that appears on your permanent record. My best suggestion to you right now is let one of our immigration professionals take a look at your entire situation to see how to remedy the problem and get you back on way to the US. We will need to know a lot more information from you to be able to give you the best advice. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  19. Uddin

    Hello
    I have been studying in an US university for 2 and half years under F1 visa. Few months ago FBI agents came to my home and inquired me of some names of which I was not familiar with. They also inquired me of one of my friend in Canada. I answered all of their questions honestly. I came to my home country for a vacation and while reentering officials of airline didn’t allow me to board the plane and told me to contact US embassy. I contacted US embassy and they told me that US state department has revoked my visa. They didn’t provide me any reason and told me that I have option of re applying for Visa. I want to finish my studies. I have no criminal record and want to know what is happening.
    What should be my next steps?
    Regards

    Reply
    1. Vahe Mirzoyan

      Hello Uddin. You are in a serious situation. Our team of immigration lawyers can help you straighten out the problem that you have found yourself in that will not get better on it’s own. You need to act quickly. Please contact us to book a consultation with one of our immigration lawyers. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  20. krish

    I’m on work permit in Canada and I’m also having US Visiting visa.

    I was arrested in Vancouver under section 334b. But I was not charged, I got a caution letter from BC Ministry of justice on June 24 saying “we reviewed your case and decided not to proceed with any criminal charges and prosecution of this matter”.

    On October 29 while I’m traveling to US from Vancouver, I was sent back at peace arch border, saying you have a case which is still pending. I explained US BORDER OFFICIALS the entire case and i said that I got a letter saying it was closed. Then US BORDER OFFICIALS asked for that letter, But I don’t have that letter with me at that time.
    Now i have letter with me and i want to submit that document. How should i submit it

    Reply
    1. Vahe Mirzoyan

      Hello Krish. You have two options. 1. Always travel with that letter in your possession and re-tell the story to the US immigration officer every time that you attempt to cross the border. 2. You get a Travel Document prepared by a immigration lawyer (not a consultant) that explains the full situation.
      If you choose to get a travel document prepared, we can certainly help you. Our firm has been practicing immigration law for over 18 years. You can reach us through our website or through this form http://goo.gl/RvRtRK
      Regards
      Vahe

      Reply
  21. ROHIT BOND

    Heylo Everyone…!

    My F1 Visa was revoked with the code CFR 41.122(e)(3) and a stamp in the last page of the passport with the Code 212(a)(7)(a)(i)(i) as an intending Immigrant by CBP officer at the POE in Seattle, I was heading to San Houze to Enroll and join my University. And my Intent was to pursue Masters in Computer Science Engineering, I explained the same to the Officer but seems like he was not convinced. I had a reservation of Motel6 under my Name at Fremont North on 31 Dec but didn’t have a permanent accomodation, i explained that i’ve requested for the Hostel in the University and showed him an email which i sent to the univerisity as an evidence. But the officer was not convinced.
    I need a serious help, I want to pursue my masters so will i face any problems if i reapply for F1 Visa and same intorogation again at the POE if i’m issued with the Visa again.
    Need Advice. Thank you in advance

    Reply
    1. Vahe Mirzoyan

      Hello Rohit. Thank you for reaching out to us. Your visa was revoked. You will need to obtain a new one at the US Consulate. We will need to see the documents provided to you at the POE to determine if a waiver may be needed. One of our immigration professionals will be in contact with you shortly to see how we can help you get on your way.
      Regards,
      Vahe

      Reply
  22. Manu

    Hi
    I m oh F1 visa in US my husband got denail for his f2 visa with a denail letter stating 212(a)(6)(c).
    Can he apply again for F2 visa or any other visa for US. Can i travel to my country or this denail may cause any problem during my travel.Please advice

    Reply
  23. amber

    Hi there,
    I am writing in need of your help and guidance on a visa issue. A week ago I attended an interview at the US London embassy, with the intent of having a successful interview to obtain a B1/B2 visitor/tourist visa for the US. Unfortunately I was denied this visa under the act of Section214 of not meeting the correct eligibilities for strong enough ties to my homeland, the United Kingdom.

    I have travel plans for the end of December, and am so disappointed and lost on what routes to take next. I am aware that now I have been denied a visa, I am ineligible to apply for the Visa Waiver Programme (VWP). Is there any advice or guidance you can give for my current situation and circumstances, at all.

    Thank you for you time.

    Reply
  24. Yi

    I have been denied entry into US. I am an international student in Canada. On Nov 28, 2014 I was travelling to Windsor to transport furniture for my friend. I planned to go to Detroit for shopping and then come back to Canada. There were four tires on my car which belong to my friend. When the CBP asked me about those tires, I did not pay close attention to his question and did not explain it properly. Maybe I made him think those tires belong to me. I felt more nervous when I entered into a room for further interrogation. Eventually, I was not allowed crossing border for that day. I did not get my visa cancelled or withdrawn and also was not given any document to sign.
    After that event, I have successfully entered into US without any trouble for three times. Now my US visa is expired and I want to renew it. When I come across the question,”Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry?”, what should I do? I think I need to tell the truth, but the truth seems that I lied to the CBP. Will that be a refusal reason if visa officer knows about it?

    Reply
  25. Jana

    Hello,
    In 2012 I was denied to enter the US by the immigration officer at the border. I was travelling from Montreal, Canada to that border by bus. Unfortunately I can’t remember the exact place and date. I don’t have any record of that denial in my passport and I can’t remember if I had to give my fingerprints but I guess so.
    Now, I will be flying to Vancouver in two weeks and after a two day stay, continue by Amtrak to Bellingham, US, to board the ferry to Alaska. I will be traveling around in Alaska for 3 weeks and return to Germany afterwards. The purpose of my trip is vacation only.
    I am now wondering if I have to mention this incident at the border when I will have to answer the question “ Have you ever been denied a U.S. visa or entry to the U.S…”? I guess I have to as it is true and I won’t lie but what are the consequences? May I be denied to enter the US for my trip to Alaska?
    The thing is that I kind of WANTED to get denied the entry to the US. At that time I was studying in Montreal, Canada on a study permit visa but wanted to work there for 2 month (after the semester was finished) with a Working Holiday Visa. So I needed to leave Canada and re-enter without flying back home to Germany (to change from one visa to the other). So I chose to go to the border, spend one day in the US and then go back to Canada to have the Working Holiday Visa in my passport. Everything went well will the WHV except that at the US border they didn’t like my plan and refused to let me enter the US for that one day. Instead I was send back to the Canadian immigration office at the border immediately. Back then I didn’t tought of it as a problem because that was what I wanted anyway but I am really scared now that I will have problems on my Alaska trip. Can you help me with that and tell me if I need this UEP? I am really anxious.

    Reply
    1. Mira Freiwat

      Hello Jana,

      Thank you for your post. It is always recommended that you be truthful on ANY document/declaration that you are submitting to the Immigration Officials. You did the right thing by disclosing the purpose of your entry that day at the border, but with that being said, Border Officials have the right to refuse a traveler entry if they do not feel that the purpose of the trip is viable.

      There could potentially be some issues when you attempt to gain entry again, but in order for me to accurately asses the situation and advise you correctly I would need to learn more about you and your situation. Kindly complete this form for me http://www.visaplace.com/immigration-assessment/ as it will provide me with all the details I need to proceed. Once it has been reviewed, you will be contacted. MF

      Reply
  26. OPSS

    I was trying to bring Mexican Candidates to US but US consulate have denied the VISA. But they have said that the company is too small so we cant give you visa to enter. What should I do as an employer? Is there a way that we can rectify this?

    Reply
    1. Mira Freiwat

      Hello Opss,

      Thank you for your post. You would not believe how common the issue that you are facing is, or how many clients have contacted us about this very same issue. There are definitely things you can do to be eligible to hire foreign workers, but I would need to learn more about you and your company in order to advise you accurately. Kindly complete this form for me http://www.visaplace.com/immigration-assessment/ as it will provide me with all the details I need to guide you on how to move forward. Once it has been reviewed, you will be contacted so that we may work with you to ensure that you meet the requirements to proceed. MF

      Reply
  27. Rakesh

    My wife born in Canada and carries Canadian passport, but lived most of her life in India. I am an Indian citizen and on F1-OPT in US working in a big company. As I understand, there is no Visa required for Canadians for F2. We are looking to travel via Canada to enter US.

    – I want to understand, if there is a possibility of denial of entry in this case, as there are no strong ties to Canada
    – Is there a possibility of getting F2 visa stamped on Canadian passport from US Consulate in India?

    All help appreciated.

    Reply
    1. Mira Freiwat

      Hi Rakesh,

      Thank you for your post. Based upon the information you have provided me, you would significantly benefit from an Entry Package. But first I would need to determine your eligibility. You are right to be concerned with the fact that you feel as though your Canadian ties are not as strong as border officials would like to see to approve your Visa, and there is a lot that we can do here to help. It is always best Rakesh that you receive the proper guidance than to attempt something that you feel as though may not be successful on your own. Kindly complete this form for me http://www.visaplace.com/immigration-assessment/ as it will provide me with the details I need, and you will be contacted once it has been reviewed and provided with the advice you need.

      And no, you cannot have the F2 stamped in the consulate in India, unfortunately that is not the way the procedure works. MF

      Reply
  28. John

    I married in USA and have been here three years now. I applied for i-130 and was approved but cannot, due to financial burdens, apply for adjustment of status, so I have to go back to Canada. There I will have a job and a place to live etc. If I wish to visit my wife, will I be banned from entering, based on my overstay and not applying for adjustment of status? I came to USA as a B2 visitor, then we got married months later. My i-94 states that my time expired six months after I entered, yet we were going to apply for status change base on the marriage, and I was going to adjust status and live and work in the US.

    So, if I leave the US will I be able to return for a visit or be denied entry?

    Reply
    1. Mira Freiwat

      Hello John,

      Thank you for your inquiry. This is a common question that we get asked a LOT, and there are many people in your situation that we have been able to help. But in order for me to see if you are qualified for the process in which you can keep from being banned in the US I would need to obtain more details from you. Kindly complete this form for me http://www.visaplace.com/immigration-assessment/ as it will give me all the information I need. Once I have reviewed it, I will contact you. MF

      Reply
  29. Mathew.K.Ninan

    Sir
    My B1B2 visa cancelled with prejuduce sec 212 (a) (A) (7) (i) (I) how can i apply for new visa and how far it will be success if i apply again

    Reply
    1. Mira Freiwat

      Hello Mathew,

      Thank you for your question. Firstly, in a situation like yours it would not be my recommendation nor to your benefit to reapply on your own. Immigration is a very serious matter, especially when a Visa gets cancelled. Luckily, we have helped hundreds of applicants in the past 20 years not only obtain Visas from the first application but have also helped applicants reapply after a refusal or cancellation. I would need more information from you to be able to assess the situation and which procedure is best to pursue the reapplication. Please email me at [email protected] so we can discuss this further. MF

      Reply
  30. ivs

    Hello,

    I have a friend that was denied entry to US – He had TN Visa thru the company that that was valid for 3 years, at the time he had switched companies and just didn’t readjust (didn’t renew the visa to reflect new employer). Upon entry to US (traveling to work) they pulled him in to immigration b/c (his ex employer had reported that he doesn’t work for them anymore). Of course he got denied entry to US. This was honest mistake, he was a contractor at the same place (worked at the same company) but just switched contracting employer, and due to work demand didn’t have time to renew his TN. He is still working for the same company but he is placed now in Canada and cannot travel to US (he was turned back to Canada at the port of entry) 8 months ago. What does he need to do be able enter US again? He lives in the city that is at the border with US and has lots of relatives and ties with US which makes it very sad and difficult that he cannot travel to US anymore. What does he need to do to appeal and what are his chances to enter US in near future? Please advise! Thanks!

    Reply
    1. Mira Freiwat

      Hello Ivs,

      Thank you for your post. This is a common mistake that is made by many TN holders where they are not aware that it is employer specific and if they switch employers they will require a new TN. We can definitely assist in obtaining a new TN to reflect his contract with the new employer. Please have your friend (or you) complete this assessment form attached below and I will review the details with him and get started! MF

      http://www.visaplace.com/immigration-assessment/

      Reply
  31. Horace

    I entered Canada through buffalo – Fort Erie border, (had a US b1/b2 valid Visa).
    Applied for refugee protection which was denied, left Canada voluntary within the right time. I went to the US embassy (after 4 years) in my country to renew my US tourist visa and the officer told me that he couldn’t renew it because I used it to go to Canada, what can I do to positively renew my visa?

    Reply
    1. Mira Freiwat

      Hello Horace,

      Thank you for your post. We can definitely assist you with this, we have had MANY clients over the years encounter this very same issue and we were able to reapply for them and have their Visas issued/renewed. Please complete the assessment form I have attached below as it will give me the information I need to determine your eligibilty to reapply as well as what course of action to take to do so. MF

      http://www.visaplace.com/immigration-assessment/

      Reply
  32. Josh

    Hi,

    I have not yet been denied entry into the united states from canada, but am worried about being flagged and prevented entry.

    I was caught with 0.5grams of marijuana at the border in maine going into the US. They let me into the country however, and did not take my photograph or finger prints. I was just given a $500 civil fine.

    what do you suggest that I do to prepare myself for the next time when I try to cross the border.

    Reply
    1. Mira Freiwat

      Hello Josh,

      Thank you for your inquiry. I would recommend that we apply for a Waiver for you. It basically outlines your criminal history (background check) and it is something that you apply to at the consulate and takes 8 months to one year to process. The purpose is to show that if you had any prior charges or anything that they have been resolved, you are not wanted in any state or country that you have either visited or resided in, as well it kind of serves like a pardon where it allows you travel without a hassle. If you want further information, please email us at [email protected]

      Reply
  33. G

    I was denied entry February 2013 and signed a withdrawal of admissions sheet and was told I needed a waiver to enter the US because of my criminal history. I was wondering what would happen if I tried to enter again? Is my passport flagged?

    Reply
    1. Mira Freiwat

      Hello G,

      Thank you for your post. If you were told that you will be denied entry without a Waiver then you will surely be refused entry without it. I would not recommend that you even attempt to go without it as they document everything; you could potentially get into more trouble for intentionally defying them. MF

      Reply
    1. owen

      Hello,

      You may need a waiver in order to enter the US, depending on why you were not permitted to enter last time. If you have a criminal history then it is very likely that you will need a waiver to prove that you do not pose a threat to the security interests of the United States. We would be happy to help you immigrate, and once you fill out our free online assessment form, one of our immigration professionals will be in touch with you shortly http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  34. Ahmed Maher Soliman

    my wife went to the usa with my father with B1/B2 visa in her 7th month pregnancy, they were not allowed to enter the states in philiadelphia airport in their way to tampa florida
    my dad got ER and my wife’s visa was withdrawn
    i there any way to appeal in the embassy after they r back to egypt

    Reply
    1. owen

      Hello Ahmed,

      Thanks for the question. It may be possible to appeal, but this is a complex process and you should definitely seek the assistance of our experienced immigration lawyers who can help strengthen your case. Please don’t hesitate to contact us to setup a consultation where we can discuss your particular case.

      Regards,
      Owen

      Reply
        1. owen

          Hello,

          You can certainly call us at 416-410-7484 to setup a consultation with one of our experienced immigration lawyers. We look forward to hearing from you!

          Regards,
          Owen

          Reply
  35. Guileo

    I was deported on 1997 from usa with my Italian passport for overstaying only. They give me a ban of 5 years.On 2010 I got my canadian residence and I decide to visit a friend on usa also with my new Italian passport and they denied me entrance to usa. Now I have my canadian passport and I’ll try to visit my frien again. Now my question its if I will have a problem to enter USA. Because some friends are telling me I need to applied for a pardon. I this true. Never have any criminal record on any country. Thank you

    Reply
    1. owen

      Hello Guileo,

      In order to properly advise you, we will need to know the details of your case; please call us so that we can setup a consultation with you and one of our experienced immigration professionals.
      One thing that we can do is offer you an Entry Package which will help minimize the chances of being denied entry at the US border.

      Regards,
      Owen

      Reply
  36. Carmel

    Hi!

    I was granted a B1/B2 visa and an ME just this April 2014. In May, I travelled to the US to attend a batch reunion. Though I was given 6 months but I just stayed for 28 days. Now I intend to come back this January 2015 to buy goods for my buy and sell business which I intend to open upon my return from the US.

    Is there any possibility I might not be allowed to travel to the US again since I am coming back in less than a year period?

    Thank you and hope to hear from you.

    Reply
  37. Daniel

    Hi,

    I was denied an ESTA when applying online and have been advised in which I have completed and paid for a B-2 travel visa, the next stages are an interview at the US embassy in January. Reason being is I have a criminal record for a light case of common assault around 3 years ago.

    What is the likelihood that they will approve/deny this?

    Many thanks

    Reply
    1. owen

      Hello Daniel,

      You should definitely get in contact with one of our experienced immigration lawyers who will be able to assist you in going to the US, which is going to be significantly more difficult given your criminal record. Please don’t hesitate to contact us with further questions.

      Regards,
      Owen

      Reply
  38. Ali

    Hello , my question is that i had my biometrics even though i had a small cut on my thumb . And my question is whether the prints come out right even when my thumb was cut . The person incharge there didn’t say anything about my thumb or fingerprints .

    Reply
    1. owen

      Hello Ali,

      If the person in charge didn’t mention anything then there should not be a problem with this. Please don’t hesitate to contact us if you have any further questions.

      Regards,
      Owen

      Reply
  39. sam nader

    Hi,
    i have been denied B1/B2 visa twice recently under 214b and then ESTA denial as i have a recent visa refusal.
    i’d like to ask you if i can use ESTA again ? and can i get US via the canadian borders now as i have to get US before february .

    Thanks,

    Reply
    1. owen

      Hello Sam,

      Thanks for the question. Depending on which visa you are applying for, you may get a visa at the border, and we do have a lot of experience in helping people recover from previous refusals by strengthening aspects of their application which may have been weak. Please get in contact with us at your earliest convenience to setup a consultation with one of our experienced immigration lawyers.

      Regards,
      Owen

      Reply
    1. owen

      Hello George,

      Please call us at 1-888-528-7882 (toll free) or 416-410-7484 to set up a consultation with one of our experienced immigration professionals.

      Regards,
      Owen

      Reply
  40. george

    Hi,

    i have been refused B1/B2 visa twice as i wanted to stay more than 90 days in usa .i have applied for Esta but i was denied too because i have recent visa denial.
    i have been visited us once 5 years ago under the visa waiver program .
    my question is : how long should i wait to get Esta autorization after my visa denial ?
    thanks,

    Reply
    1. owen

      Hello,

      Thanks for the question. There is not necessarily a preset amount of time you should wait; your chances of success all depend on the strength of your application, and we would be able to strengthen any aspects of your application which may have been holding you back. Please don’t hesitate to contact us with any further questions.

      Regards,
      Owen

      Reply
  41. richard

    I applied for an ESTA and was refused, presumably for answering YES to the question relating to violation of a controlled substance. I was caught with 1 gram of marijuana when I was 16, arrested and sent to court and fined. As I am ineligible for an ESTA, I have to apply for a tourist visa. What are the chances of being denied a tourist visa because of my record for violation of a controlled substance. There are also a few other arrests but they do not concern controlled substances or crimes of moral turpitude.

    If you could help that would be great.

    Regards

    Reply
  42. Bob Francis

    Hi,
    I have been refused entry to the US because of a CMT 22 years ago, I have recently changed my surname (For family reasons) I would like to visit the US on holiday. Can I travel in my new name with new passport or do I need to apply for a visa to cover my previous inadmissibility?

    Many thanks and keep up the good work.

    Reply
  43. Lulu316

    Hello,

    I have a valid ten-year B1/B2 visa for the US (I’m an Indian national). My boyfriend and I got married a few months ago while he was on H1B. I applied for an H4 visa, but as his priority date was current, he got his green card approved three hours before my H4 visa interview, and therefore I was denied the visa and told it was without prejudice. We would now like to apply for a ‘follow to join’ i824 green card application for me. My question is: will I still be able to visit the USA for a short period using my B1/B2 visa? I continue to maintain my full time job and residence in India and would be visiting for a short period of four-six weeks.

    Thank you

    Reply
    1. owen

      Hello,

      Thanks for the question. If you are going through the process of obtaining permanent residence, then attempting to temporarily enter the US on a B1/B2 could be problematic as the issue of dual intent arises. Therefore you should seek the assistance of one of our experienced immigration lawyers in order to ensure that you will not be deemed inadmissible to the US at any point in time. Please refer to http://www.visaplace.com/blog-immigration-law/us-immigration-applications/clarifying-the-notion-of-dual-intent-visas/ for more information.

      Regards,
      Owen

      Reply
  44. Zenna

    Hi, I am a Kenyan citizen. I was granted B1/B2 visa and travelled to the US on July. At the POE at LAX the immigration officer asked me how many days I was visiting, I said 11days. He stamped a 6 months stay. I ended up staying 30days and exited through Washington Dulles. The officer there did not stamp an exit stamp, just filled stuff on her computer. My question is, since I stayed for 30 days instead of the 11days I had said, is this gonna be a problem at the POE for my next visit in Feb? My visa is still good to go.

    Reply
      1. sunshine

        I also have a B1B2 visa valid till 2018. i visited US for 25 days (1st september-25th September 2015) The officer gave me 6 months stay as well but I left after 25 days. If i want to visit again in December 2015 or January 2016, will there be any problem with my entry?

        Reply
        1. Mira Freiwat

          Hello Sunshine,

          Thank you for your inquiry. As long as your B1/B2 is still valid and you did not exceed the allocated time allowed per entry, you can be able to return to the US at any time. MF

          Reply
  45. HH

    Hello, I have applied a B2 visa in 2013, and then F1 visa in 2014, both have been denied. However, I am a college student that studying in Canada now. I have Canada’s student visa. I am planning to cross the border by car to the U.S with an instructor’s (in the college) family for holiday. Do you recommend that I should try to enter the U.S this time? What will happen if I get denied again. Will I have a bad record again? I still want to apply for the F1 visa further.

    Reply
    1. owen

      Hello,

      I am sorry to hear that your visa applications have been denied. If you are a citizen of a country that is not part of the US visa waiver program, then you should definitely apply for a visa prior to entering the US so as to avoid another denial (every additional denial makes it increasingly difficult to get a visa). Fortunately, we have helped many people in your situation, and we would be happy to provide you personalized advice regarding your case. Please don’t hesitate to contact us with any questions, and please refer to http://www.visaplace.com/usa-immigration/ for more information.

      Regards,
      Owen

      Reply
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    Reply
    1. owen

      Hello,

      Thank you very much for the kind words, we really appreciate it. Please let us know if you have any questions regarding immigration.

      Regards,
      Owen

      Reply
  47. Salvatore

    GOODEVENING,

    i met my girlfriend soon to be fiance 5 years ago i am an born american citizen. Almost 2 years ago she was visiting me in the United States and she got sick and she stayed 1 week over her ESTA i applied for b2 twice and got denied because they said that she doesn’t have strong ties back to her country. after all the paper work she has doctors notes etc. still nothing. i try using DHS trip to see if they can fix the problem with her ESTA but still no news. In October 2015 my sister getting married and i will like for her to attend the wedding. ( at the time of applying for b2 visa she told them that she was part of the wedding with all the correct documents and they did not care) i trying to see what information or what i can do to fix this problem. any information is helpful.

    thank you in advance
    Salvatore

    Reply
    1. owen

      Hello Salvatore,

      Thank you for the question. I am sorry to hear that your B-2 application was refused. They can be very difficult to obtain, but fortunately, given our many years of experience, we would be able to strengthen any aspects of your application that were previously weak, and we would maximize the chances that your girlfriend could enter the U.S. Please fill out our free online assessment form and one of our immigration professionals will be in touch with you shortly http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  48. Anonymous

    I learn that i can reapply when denial B1 B2 us visa any time, why should the officer tell me in my second appointment that from the date of my first interview i should wait until 90 days before i can come again. But i want to know why i have to wait for 90 days. Thank

    Reply
  49. I from Nigeria, my wife and my son was denial B1/B2 US visa on 8/08/2014 they ask her, why her husband not traveling with them, so now, we all apply in one month time which we want for interview on 11/09/2014 and we are denial without interview that my wi

    I am from Nigeria, my wife and my son denial B1/B2 US visa on 08/08/2014, the officer ask why her husband not traveling with them, so we all apply which we want to the interview on 11/09/2014, we are denial without interview, the officer said my wife and my son was there last month and they supposed to wait until 90 days from the date of their first interview before they reapply, and the officer do not inform them so that we can wait for 90 dayr. So why and what can we do now.

    Reply
    1. owen

      Hello,

      Thanks for the question. I am sorry to hear that your B-1/B-2 application was refused. We would be happy to help you strengthen any aspects of your application that may have caused you some trouble previously. If there was a logistical problem that led to the refusal, we would also be able to advise you accordingly so that you will be able to go to the US. Please let us know if you have any further questions.

      Regards,
      Owen

      Reply
  50. Bella

    Hi,

    if a Canadian goes to visit a family member in the U.S. and stays there for 6 months at a time- so basically they stay there, but every 6 months they go back to Canada for a few weeks and then back to the U.S., following this same pattern for over a year- so seeing the Canadian has done nothing wrong/no illegal proof of anything, like employment, can they still refuse entry?

    What is the advice you’d give on a this kind of person who really likes to stay in America by their sibling there, and is able to support themselves with their own sufficient money?

    Thank you

    Reply
    1. owen

      Hello Bella,

      Yes, it is possible to be refused entry into the U.S. if the border Officers determine that you have an intent to immigrate (this could hold true even if you don’t work in the U.S.). Depending on your personal circumstances, there may be a variety of options available to you such as family sponsorship which would lead to permanent residence, or other visa’s that would suit your needs. We would be happy to assist you with this, and please take a moment to fill out our free online assessment form and one of our immigration professionals will be in touch with you shortly. http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  51. Olawale

    Me and family had visited u.s 3times without overstayed with our bi/b2 visa category now our visa will be expired around next year September 2015.Will are planning to buy house in the U.S cash down without mortgage does this guarantee our visa renewal after 2 years validity period because our fear is what is going to happen to our property if our visa renewal is not granted.Will don’t have intention of overstaying or work in the USA since will own company here in nigeria and we are financially ok. will just want to choose America for our vacation place.thank you sir

    Reply
    1. owen

      Hello Olawale,

      Thank you for the question. If your visa is ultimately not renewed then you would have to leave the U.S. in most circumstances, however, we have helped many people obtain visa extensions so that they could remain in the U.S. for a longer period of time. In order for us to further assist you, please fill out our free online assessment form and one of our immigration professionals will be in touch with you shortly http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  52. Alberto

    Hi
    11 years ago whe i was underaged i went to the us to visit my father, in that time he was illegal inmigrant, apparently because of that reason my visa was cancelled and we went back home(Colombia) , i am planning to ask for visa alone in a few days, i am in college now and i want to know if there is a record of what happend to my visa and if that may interfer when i ask for it again in my interview at the embassy

    Reply
    1. owen

      Hello Alberto,

      Thank you for the question. There is most likely a record of your cancelled visa, and this may cause some problems for you if you were to apply for a visa at this point in time. Given that you visited your father who was in the U.S. illegally, you are facing an uphill battle, but fortunately, with the help of one of our experienced immigration lawyers who will be able to guide you through the application process. Please don’t hesitate to contact us if you have any further questions.

      Regards,
      Owen

      Reply
  53. Janet

    Good day. I am Nigerian schooling in the Caribbean and in April,I travelled on a transit visa for two weeks to the United States. This made the immigration hold me and question me but I explained to them I had urgent medical issues which made me travel on the transit and they finally let me go after four hours of detaining me. I then applied for a B1 visa in Barbados in July but got rejected because I dint have strong enough ties to the Caribbean ,I understood that because I had just come to the Caribbean to start my medical journey less than a year ago. Now I hope to return to Nigeria in December and apply for a B1 visa there since that’s my country. I want to know if I’ll keep getting rejected a B1 visa because of my run in with the immigration. Or that won’t matter as far as I’m honest while being interviewed. Thanks

    Reply
  54. marie

    Hi, and thanks in advance for your answer.
    I am willing to travel to the US in october so I applied for a ESTA and got it.
    The thing is i’ve spent about 10 month in the us under a B1. Before my B1 expired, I applied for an new visa. It took them 4 month to give me an answer, so I was not illegal while they were processing my file. The answer was positive for this 4 month bonus, and I left before the end of these 4 month. I left april 15. Now I want to go back visit friends for 3 month in october. What is the chance for me at the border? I was techically not overstay, right? I am afraid of buying a plane ticket and see what happen at the border… I am an EU citizen. Thanks a lot

    Reply
    1. owen

      Hello Marie,

      Thank you for the question. Generally speaking, B-1 visas have a maximum period of stay of 6 months, but if your extension was granted prior to the B-1 expiry date, then you will probably not experience any problems entering the US. If you were in the US with an expired B-1 visa prior to receiving an extension/new visa, then that would constitute overstaying and will be grounds for inadmissibility to the US. We would be happy to assist you further in order to help you enter the US, so please don’t hesitate to contact us with any further questions.

      Regards,
      Owen

      Reply
  55. Joy

    Hi,
    My mom is a Filipino citizen and a US immigrant visa holder. She went to Phils for her daughters wedding last year left US August 18,2013 and got in Phils. August 20th, 2013. On august 21st her son died through commiting suicide. Becuase too depress she got sick ended to be admitted to hospital. Because all of this she end up stayin in Phils for 1 year and 5 days. She will be flying back to US august 24th. She will be bring a death certificate of her son and a record that she had been hospitalized.

    Now my concern is will she be denied for reentry? And what will happen to her. I am a little bit worried.

    Reply
    1. owen

      Hello Joy,

      Thank you for the question. If your mother is a green card holder, then she should immediately apply for a re-entry permit, although because she did not apply for this permit prior to leaving the US, she may have a harder time returning to the US and maintaining her permanent residency status. Fortunately, we have helped many people in her situation before, and we would be happy to help your mother with her immigration goals. Please do not hesitate to contact us with any further questions.

      Regards,
      Owen

      Reply
  56. william o

    From Nova Scotia Canada, maritime people are the friendliest people in the world! I have been to the USA many times shopping in Bangor, was in Washington State camping etc, love my trips to the US. last trip was in 1999 went to lewiston maine, anyway me and my dog lucky left halifax ns went to northern new brunswick border to cross into maine to take I95 only because i hate that long route 2 to bangor, anyway it turned into a nightmare for me! the us customs officer asked me the reason for my visit and i told him i was travelling to buy a motorcycle in new hampshire, told him my dog was the only one with me, showed him my Canadian Passport, he said ok park and come inside and i did then a few seconds later and older man with a dog came yelling at me asking me if there was anything else in my vehicle that could harm his safety when i said what do you mean he said u know the dog i said i told the man on the gate the dog was with me!! he then shouted at me and the younger customs man run my id then came the crazy stuff he said have u ever been denied entry to the US i said of course not anyway i had a record from when i was 19 back 33 years ago im 52 he denied me entry fingerprinted me photo of me and made me drive all the way back home some 10 hour drive I have to tell u i am not impressed we opened our home up to people who were stranded here in Halifax during 911 and this was an absolute slap in the face from the USA I will never ever try to come to the USA and if they treat other canadian people like they treated me americans in my opinion are not welcomed here either!!!

    Reply
    1. Sarah Jane MacDonald

      Hello William,
      I am very sorry to hear of your experience at the US border. That must have been so frustrating! Try not to let one ‘bad apple’ spoil your opinion of all Americans! If you ever intend to travel to the US again, please feel free to contact us so that we can help you prepare for your border crossing and avoid such a horrible result.

      Warm Regards,
      Sarah Jane

      Reply
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  58. patzy

    I live in Mexico. Im pregnant and plan on having my baby in the US. I’m not getting any help from the US. I plan on paying the full amount for delivery. I would like to know if I can inform them at the border that that’s the reason for me crossing and if they will allow my entry to the US or if it will be denied.

    Reply
    1. Sarah Jane MacDonald

      Hi Patzy,
      First of all, congratulations on your pregnancy 🙂
      To answer your question, it is never a good idea to withhold information from Officials at the border. I recommend that you get some advice from an experienced immigration consultant before you attempt to enter the US. I have forwarded your question along with the email address that you provided to one of our US Immigration team members.
      You will be contacted soon.

      All the best,
      Sarah Jane

      Reply
  59. Xubaer

    i got the immigrant visa of us.will it cause
    any problem if i will apply for uk visit visa to meet my
    brother in uk?if i don’t get the visa then is it cause any harm
    to enter in usa?”

    Reply
    1. owen

      Hello Xubaer,

      Thank you for the question. Depending on your specific circumstances, traveling outside the US may be permissible, however there may be certain travel restrictions or implications which you must be mindful of. For specific advice on your situation, please feel free to fill out our online assessment, and one of our immigration professionals will be in touch with you very shortly http://www.visaplace.com/immigration-assessment/

      Regards,
      Owen

      Reply
  60. Shaun

    Hi,

    I am a UK citizen, I was refused entry to the USA in March. I was under the impression that I could go about by business using the ESTA but was informed by US immigration I needed a work VISA.

    It looks like I may need to enter the USA for work before the end of the year, what do I need to do to make this possible? Thanks

    Reply
    1. Sarah Jane MacDonald

      Shaun,
      Without knowing all the circumstances, the short answer to your question is that you will need either a US Entry Package (UEP) or a US Entry Waiver (I-192 Application). For further information, I will have a team member contact you via the email address you’ve provided.

      Sarah Jane

      Reply
  61. Andrea

    Hello, I was denied entry to the US when I was trying to go visit my boyfriend over a year ago, because they thought I was going to stay and work, I was entering with my passport from Spain, I was sent back and they cancel my passport waiver and told me I need a visa to enter from now on, my boyfriend and I were already planning to get marry and now we want to apply for a K-1 visa, but I’m not sure if I need a pardon letter or anything like that?

    Reply
    1. Sarah Jane MacDonald

      Hi Andrea,

      This is a tough question to answer without understanding the full picture. Being denied entry into the U.S. is often challenging in terms of establishing a case for yourself. If you’d like further guidance, we’d be happy to provide you with a consultation to discuss your situation in greater detail.

      Best Regards.

      Reply
  62. khan

    hi i had a baby in usa while i was on a tourist visa in 2010 at the same time i hold canadian permanent resident i went to canada and when i came back i was not allowed to enter then after 2 days i tried to enter again through different border i was not allowed again,third time wheni had my canadian passport same thing happened please tell me what to do as i need to travel to usa.
    This happened 3 years ago what should i do??

    Reply
    1. Michael Niren Post author

      Hi Khan

      I am sorry about your situation. The US authorities probably feel that you are not a genuine visitor to the US. We would have to look at this case in more detail to find out what options you have but if you do not have a criminal record and have not overstayed your status in the US, we can likely help. If you did these things, we may have to apply for a US Waiver.
      Best
      Michael

      Reply
  63. Amélie

    Hello!

    My best friend lives in California and I have been visiting her quite often for vacations or special occasions (Holidays, graduation, attend friends’ wedding…)
    I would like to go spend 5 weeks there this summer but I am afraid I will be denied entry due to my repeated trips (I spent a total of 12 weeks in the USA in the last 12 months).
    I have never overstayed my visa, neither do I have any criminal record.
    I am a freelance event planner in Europe, meaning I make decent money BUT do not have a permanent job.

    Should I expect difficulties at the border? Is there anything I can do or any document I should bring with me in order to make crossing the border easier?

    Thanks a lot!

    Reply
    1. Michael Niren Post author

      Hello Amélie

      If you have travelled to the US many times it is possible that the Customs and Border Protection officer could flag you. You may want to consider getting what we call an “Entry Package” to show that your ties are still outside the USA and you just want to visit. You can contact our office and tell them that you wish to have a consultation with our US Visa Team for this.

      Best
      Michael

      Reply
  64. jayson aryee

    I applied for a visa to america and was denied twice. my uncle and his wife are citizens working as a top cnn personel and a resident physician respectively they are both residents also . I am a student at the university of ghana going to my third year . I was denied because I didn’t have strong ties. my folks are really well to do. but I don’t know if its because I haven’t travelled anywhere else before or my uncle is the one sponsoring the trip? Pls help me

    Reply
    1. Sarah Jane MacDonald

      Jayson,
      We would be happy to help you. First we will need more information to help determine what you may require to overcome your inadmissibility. Please take a moment to complete the form here:
      http://www.visaplace.com/immigration-assessment/
      Once you have filled that out, someone from our experienced team of immigration consultants will go over your details and contact you directly.

      All the best,
      Sarah Jane

      Reply
  65. Luciana A

    Hi, my name is Andreza and I have been in US in 2009 with J1 visa, ans I had a lot of problems with the agency ( I could say is not a really good one).. So, for them I overstayed around 8 months. I came back to my country and after 1 year, I tried the visa for tourism and I got, I said all the times the truth and next year I went to US but I had entry denied. They realized was not my fault and they said I could do the Withdraw my application, but my visa was cancel. So, If I wanna I could try another one, next business day in my country. So, after months, I tried because I want to do shop and I will be the bridesmaid of my friend. Now, after more than 2 years of my denied entry I got the new visa, after more that 40 minutes of interview, with all the documents from my Denied, they gave me the visa, and in few months I`m going to the wedding ..I`m going with my father, his first time, and I really do not want to have problem again… I got my new visa, with all the papers, I do not have any problem I believe.. I do not know what can I do. Now, I`m living as a student another country …

    Reply
    1. Sarah Jane MacDonald

      Luciana,
      I am happy to hear that your visa application was approved. I can understand your concern after all you’ve been through. If you would like to book a consultation with one of our experienced immigration consultants, they would be happy to go over the details with you and make sure you are prepared to cross the border this time.
      Please go here and fill out our online assessment form – it’s free and only takes a few minutes to complete.
      http://www.visaplace.com/immigration-assessment/

      All the best,
      Sarah Jane

      Reply
  66. Svalliani

    Today, I was denied for B1/B2 visa in interview at karachi consulate and the reason said that I do not have any travel history. the visa officer adviced to make trips to Dubai, Singapore or Malaysia and try again… what should I do now? apply again for B2 or follow the Visa officer advise?

    Reply
    1. Sarah Jane MacDonald

      Hello Svalliani,
      I am sorry to hear that your visa application was refused. There may be other factors that lead to your visa refusal and possibly some information that you were missing that would help you get approved for a B2. We may be able to help you find a solution. Please go here and fill out our online assessment form, that way one of our experienced consultants can review your case and give you an informed answer to your question.

      All the best,
      Sarah Jane

      Reply
  67. Neela

    I have a 10 year multiple visa. came to us 4 times between 2004 and 2008. I had a misdemeanor theft (484 c) pleaded no contest in LA in 2008. paid fine and left country. That is the only criminal record i had. I still have the 10 year visa valid. It’s been more than 5 years of my last entry in US.
    can i come on existing visiotr visa again? or do i need to apply for the visa again ? will i have problems at POE? Please suggest.

    Reply
    1. Michael Niren Post author

      Hello Neela

      Based on the information you provided, it does not appear that your office would render you inadmissible and therefore you would not have to apply for a Waiver. However, you have to disclose any offence on your application form and it may be the case the officer would ask you to apply for a waiver. However, if your theft was considered a “petty theft”, it’s likely you will not require a waiver.
      Best
      Michael

      Reply
  68. Ibrahim

    Hello again,
    About the question ( Have you ever USA visa denied …….. )
    I have three refusing, I want to tell me the method, what must I do becuse it is very difficult to taken a visa from the consulat.
    In this case….. when can I come under Visa Waiver Program ? or
    When can I answer this question by ( No ) ? or
    Is this question have a limit ?
    Can I come just only with visa ?

    Greeting,
    Ibrahim

    Reply
    1. Sarah Jane MacDonald

      Hello Ibrahim,

      With three denials I would recommend that you get the help of an experienced immigration consultant. It is difficult for me to answer your question without knowing some specific information for example, what reasons were you given for your inadmissibility to the US. In order to assist you further, could you please go to our online assessment form and fill out the information. It only takes a few minutes and someone from our office will be in contact with you do further discuss your case.

      Here is the link to the form:

      All the best,
      Sarah Jane

      Reply
  69. Ibrahim

    I am a Dutch citizen, I was applied a visa in Amsterdam 2013,2014 and i was refused, I have a plan to visit Canada and I want to visit America for two weeks, I was refused first time becouse I do not have a work in Netherland and I do not have a Netherland passport and second becouse I do not have a job in Netherland, If I will going to cross from Canada to America is there any chance to denied enter the USA, and what must i say to the officer over my visa denied

    Reply
    1. Michael Niren Post author

      Hello Ibrahim

      Thank you for your question. You can be denied into the USA if you cross into Canada. At any border crossing you could be denied. In order to be admitted you have to make a strong case for temporary residence
      Best
      Michael

      Reply
  70. CK

    Hello,
    I applied for a B-2 visa in january 2014, but was declined due to my criminal record. I’ve heard that when talking about economical crimes I will me inadmissible to enter the states for 10 years from the day where I got my sentence…

    I’ve met a man that I have come to love very dearly. He’s an american citizen and lives in Los Angeles. We’ve met a couple of times outside the states as I cannot enter at this point. I have been looking into getting married to get entry to the states, but I was told that marriage proberly wouldn’t change anything..

    But what if I got pregnant with him… Wouldn’t it be against his right as a father to be denied having his family over? Is there anyway I can work around my criminal record – because I really care for this man and he could be the one…

    Best Regards,
    CK

    Reply
    1. Michael Niren Post author

      Hello CK
      I am sorry about your situation. You may have to apply for a US Waiver of Inadmissibility to be admitted into the US. If you marry this man you would still require a Waiver most likely. If you marry him and he wants to sponsor you, you would apply for an immigrant waiver; if you visit, it will be an non-immigrant waiver. You can contact our US Visa team for assistance.
      Michael

      Reply
  71. Ewelina

    I was crossing the border pretty much all my life , never have I ever had a problem. I got engaged to an American . Since the time I got engaged the have always pulled my fiance and I over all the time. Last week I got a really mean and rued guy that would not even allow me to even talk . I kept calm and did as they said . They did not believe I would come back to Canada . I told them my fiance and I wanted to marry , but they thought I will stay in the states. They denied me entry and sent me back . They asked next time I come I bring certain documents and I will prepare them , but he said that still does not mean I will be allowed to enter the US, all depends on the Officer . What kind of advice would you give me on my rights or what I can do further to prove to them . It was not a great experience .

    Reply
    1. Michael Niren

      Hello Ewelina

      This is a common scenario. If you are engaged to an American and intend to move there, consider applying for a K-1 Visa. This is really important as you can get a visa to enter the US this way but you will have to get married within 90 days of being issued a K-1. There are other ways you can enter as just a visitor the US but since you are engaged you have to take proper formal steps to regulate your status.
      Best
      Michael

      Reply
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  73. Laura

    Hi Michael,

    I have recently applied for a B2 visa to the US for the first time, and in my application form I mentioned that I plan to stay from October 5 to October 20 (15 days). My visa application was approved and I am waiting for my visa now.

    However, due to my family’s request, I am planning to stay for 35 days in the US (that is 20 days longer than what I wrote in my DS-160 form and interview).

    Do you think officers at the border will not let me enter the U.S. because now I plan to stay 20 days longer than my original application form (i.e. 35 days instead of 15 days)?

    Thank you for your time and response in advance,

    Regards,

    Laura

    Reply
    1. Michael Niren

      Hello Laura

      Once you receive your Visa application make sure you note the expiry date on it and whether it is a single or multiple entry visa. Generally B visas are issued for a number of years so that upon entry to the US, you will likely be admitted for a duration longer than 35 days. If the officer at customs asks you how long you intend to visit, you are obliged to advise the officer and ensure that you have proof that you will leave the US after your visit. This is key

      Reply
  74. Ivan

    On my last trip into the USA in 2011, my American family and I decided we should apply for the extension of stay at the USCIS. We applied well early, some 60 day before my I-94 date (May 4th 2011), of course the application was denied, and i got decision in mail on may 12th. I left the USA for Europe on May 19th 2011, and turned in all my papers and I94 upon departure at the airport. I am planning to visit my family again for Christmas, but i am afraid either my visa is not good anymore or that i might be refused to enter the USA because i overstayed. Any advice would be helpful.
    Thank you!

    Reply
    1. Michael Niren

      Hello, if your overstay was less than 180 days your application could possibly be approved. However, since you had a visa-history there is no guarantees that your application will be approved. You can contact us for a consultation at [email protected]

      Reply
  75. Zack

    Hello.
    what is difference between refused entry to a country and deported from a country and refused VISA for a country.

    Reply
  76. Michael Niren

    Hi Erika

    Your relative, like all people entering the US, must show sufficient ties to their home country in order to be considered as a genuine visitor. He should prepare what we call an “Entry Package” showing all is ties very clearly in order to maximize his chances for entry to the US.

    Reply
  77. Michael Niren

    Hello Scott,

    Depending on your charge, you may need a Waiver or may been to apply for Humanitarian Parole in order for a quick entry to the US for work. Generally the USCIS requires a final disposition of the offence before issuing a waiver. And in order to get a US Work visa, and actually work in the US, you have to be admissible or have a waiver approved first

    Reply
  78. Marketa

    Hi i am a canadian citizen. Me and my boyfriend tried crossing the usa border to go christmas shopping. Course they stoped us and searched us. We were in customs for 6 hours. They strip searched us finger printed us and took pictures. They denied us to the usa. I have never had a recored or been in trouble with the law in any way. They interragated us. I go to collage and am a good citizen. I did admit to smoking a joint 6 months ago. I have two children. Can they ban me like that and is there anything i can do about this. It was very upsetting, and im still upset about my experience at the border.

    Reply
  79. Erika

    Hi,
    I was wondering a close relative was recently denied his entry to the U.S. However it’s not the first time he enters the U.S. They said he didn’t have enought proof of ties of him being in Mexico. He has his own buesiness his a full-time student.. he ws just coming for the holiday’s. How long does he have to wait before he try’s to enter the U.S. As well the took his finger prints and was photgraphed.. Hope ypu can help me!

    Reply
  80. thinlay

    i have travelled with indian passport from 2005 till 2008 four times first with p3 visa and three times with b1-b2 and at the fourth time i was denied and asked me to voluntarily withdraw application, because i earned few dollars while travelling with b1-b2 and did not know that i had to pay tax., and now my wife has won asylee case in the US. and try to unite the family, and we are asked to travel with refugee status. will it be no problem travelling with refugee travel document than the indian passport? my children does not have any passports and i also made mistake to tell my children age incorrectly during the questioning at the NY airport because i was totally tired was not feeling well and worried and nervous, is it ok about this? .,
    will appreciate your help Thank you

    Reply
  81. scott

    Hello,

    I was just recently charged with a very minor misschief charge in canada, I obtained a lawyer and the crown offered alternative measures. .y work is sending me to the united states soon and need me to get a work visa. If I take alternative measures will it effect my chances of getting approved for the visa?

    Reply
  82. joy

    I am pregnant and would want to have my baby in the U.S. or Canada. But I was denied a visa to the U.S. around March as a student in the U.K. They claimed that I have not stayed up to 6 months in the U.K. I would like to know if a visa can be denied if i pay for a hospital to give birth to my baby in both countries?
    Thank you.

    Reply
  83. Lisa W.

    Hello,

    Last week I tried to enter the U.S. to visit the U.S. for a total duration of 2.5 months. When the Customs officer asked me when I would be returning to Canada, I said the following week (because I had a wedding to go to). He noticed that I was bringing a lot of luggage and proceeded to go through my belongings. In my carry on, he found a notebook which showed my initial trip plans. My notebook also showed that I thought about getting a job in the States.

    All this planning and note-taking were done before I learned that I needed a visa to work in the States. I told the officer that I truly had no intention to work in the States and was only going there to visit. The officer took my notebook to his personal office and when he came back, he was determined that I was lying. I informed him that I was indeed returning to Canada for school in September 2011. But, it seemed that he still did not believe me.

    I had my fingerprints and photos taken. The officer also told me that I would never be able to enter the States again even with proof my ties to Canada.

    What’s going to happen now? What if I still want to visit the U.S.?

    Thank you.

    Reply
    1. Alicia Kim

      Dear Lisa,

      Before giving you any answer, I need to know what documents you recieved on that day from the officer. Based on the facts you provided, it’s possible that you are now inadmissible because of misrepresentation. If so, you would need to apply for a U.S. Waiver to enter the U.S. However, I suggest that you consult with an immigration lawyer with all the documents you recieved to better assess your situation.

      Thank you.

      Reply
  84. Bill

    Hello there,

    I was denied entry to the U.S. this spring due to my old minor conviction that occurred 22 years ago. I dont want to ask a question that has been over asked, but I need to enter the U.S. to visit a sick relative. Should I apply for a Waiver?

    Reply
    1. Alicia Kim

      Dear Bill,

      You would have to apply for a Waiver. However, if you need to enter the U.S. urgently for a temporary period of time, you should consider a Humanitarian Parole. A Humanitarian Parole will allow you to enter the U.S. relatively quickly for urgent reasons.

      Thank you.

      Reply
  85. Louie Di Gianni

    Hello there,

    A few years ago I was denied entry to the U.S. because I did not have sufficient ties to my home country. I am now in college. Would this be sufficient enough for me to enter into the U.S.? Should I apply for a UEP?

    Reply
    1. Alicia Kim

      Dear Louie,

      I would need more details about your situation to answer your question properly (i.e. what kinds of ties did you present to the U.S. border officers a few years ago). However, generally, you need to demonstrate that you have immediate family members, bank accounts, investments, school, or permanent residence in your home country. A UEP is always a good idea when you are uncertain as to whether or not you will be admitted or refused. I suggest that you consult with a qualified immigration lawyer in order to determine the best options for you.

      Thank you.

      Reply
  86. Martin

    Hi,

    A couple of weeks ago, I was trying to get a TN visa at the U.S. border. But, the officer said my job title didn’t match the TN visa list. I was photographed and finger printed. I was allowed to voluntarily withdraw my application. I intend to visit the U.S. for a week to visit my family but I am afraid they will deny me again. What documents should I bring to the border? I am a Canadian citizen.

    Thank you.

    Reply
    1. Alicia Kim

      Dear Martin,

      If you were allowed to voluntarily withdraw, you would not have to apply for a waiver.

      If you are concerned, you may apply for a U.S. Entry Package (UEP). A UEP is a prepared set of documents with a cover letter addressed to US Customs and Border Protection outlining your ties to Canada and that you wish to enter the U.S. as a genuine visitor for a temporary duration.

      Thank you.

      Reply
  87. frankie

    I went to the U.S. in 2008 and overstayed my visa. Will I have any problems going back to the U.S.? I am also taking my son with me. My son is a U.S. citizen and is 3 years old. What are my options?

    Reply
    1. Alicia Kim

      Dear Frankie,

      Depending on the length of your overstay, you might be inadmissible to the U.S. To overcome your inadmissibility, you would have to apply for an I -192 Waiver. Even if you are accompanying a U.S. citizen, you still have to apply for a Waiver.

      Also, you need to apply for a U.S. Waiver in advance as it usually takes 6-8 months to process.

      Thank you.

      Reply
  88. Steve

    Hi,

    I live in the U.K. and am planning to go to Canada with a friend for just over a week in June, 2011. Last year, I was refused entry to the U.S. I am now concerned if this will affect my entry to Canada this time.

    Many thanks,

    Steve

    Reply
  89. Kelly

    Hi,

    I am a Canadian citizen by birth. In 2005, when I was 23, I had a small joint of marijuana on me and a police officer found it. I went to court, did community service and paid a fine. My record was cleared. In 2006, I moved from Toronto to Vancouver and was planning to go through the U.S. border by car. I couldn’t prove I wasn’t moving to the States, so the border officers searched me and my car, photographed and fingerprinted me. They found an eyelash sized piece of pot in my purse. They didn’t explain why they were sending me back to Canada (the small pot or not being able to prove I wasn’t moving to the USA).

    Now, I have to go to a meeting in Seattle for a few days every 3 months or so and am not sure which form or waiver I should be applying for, and what other processes I will have to go through.

    Since then, I’ve also been married and changed my last name.

    Thanks a bunch!
    Kelly

    Reply
    1. Alicia Kim

      Dear Kelly,

      Based on the facts provided, you may have to apply for a U.S. Waiver (I-192) along with a B1 Business Visitor Visa. However, to better assess your situation, I suggest that you consult with a qualified immigration lawyer with all the documents relating to the incidents in 2005 and 2006.

      Thank you.

      Reply
  90. Joe

    In May 1999, I left the U.S. and returned in May of the same year. Customs suspected that I was illegally working in the U.S. They told me that I was not being deported but instead being turned around. They also told me that I could re-enter the U.S. after 5 years. Now, it has been 13 years since this incidence happened. Can I apply for a visa now?

    Thank you.

    Reply
    1. Alicia Kim

      Dear Joe,

      I would suggest that you consult with an immigration lawyer with all the documents you received on this day to better assess your situation.

      But, based on your information, if they just let you turn around, you may apply for a visa. However, I would suggest that you prepare a U.S. Entry Package to ensure that your entry this time. This package includes a coverletter and supporting documents addressed to the U.S. Customs and Border Protection and serves to clearly show that you wish to enter the U.S. as a genuine visitor for a temporary duration.

      Thank you.

      Reply
  91. Elske

    Hi there,

    I am a Dutch citizen and planning to travel through the U.S. In 2007, I was denied entry at the U.S. border because my passport was issued by the Dutch embassy in Guatemala in Mexico. The border officer refused my entry and I was fingerprinted and photographed.

    This time I will be travelling to Canada, then cross the U.S. border to carry on to Mexico. Would I look like a genuine traveller? What can I do in order not to have any problem at the border?

    Thanks for your help.

    Reply
    1. Alicia Kim

      Dear Elske,

      Based on the fact provided, it seems the best option for you is to apply for a U.S. Entry Package (UEP). A UEP includes a coverletter and supporting documents outlining your ties to Canada and that you wish to enter the U.S. as a genuine visitor for a temporary duration. A UEP is addressed to the U.S. Customs and Border Protection and serves to clearly show that you wish to enter the U.S. as a genuine visitor only for a temporary duration.

      However, to better assess your situation, I suggest that you consult with an immigration lawyer with all the documents you recieved in 2007.

      Thank you.

      Reply
  92. John

    I am a US Citizen and my wife is a Canadian citizen. We have been married for 4 years now and have 2 kids. We live in the US. She has overstayed here in the US and has recently gotten a new Canadian passport. I have already filed a petition for permanent residence for her. Can she go back to Canada to visit her family while waiting for this petition? I know she has overstayed so I am not sure if she will be allowed back. They did not stamp her old passport so we do not know the exact date when she came here and now she has a new passport. Thanks.

    Reply
    1. Alicia Kim

      Dear John,

      If your wife overstayed in the U.S., she will be subject to an overstay bar. When she tries to re-enter the U.S. after visiting her family in Canada, she would have to apply for a Waiver. Waiver applications usually take 6 – 8 months to process. The fact that she is married to a U.S. citizen and have two children in the U.S. may be a positive factor for her waiver application. However, I suggest that you discuss your situation with an immigration lawyer before her departure to better explore her options.

      Thank you.

      Reply
  93. Stanley

    Hi Niren,

    I’m so glad I’ve found this site. Can you advise me on this matter on what action I should take?

    I’m Canadian. Last year when I was travelling to the states while applying for a TN visa at the border, my girlfriend was coming with me. The CBP officer suspected that she was an intending immigrant and denied her entry to the US. The officer had her fingerprints and photos taken and asked her to come back with proof of ties to Canada (hydro bills, proof of property ownership, and etc).

    It was really upsetting. Does she now have to bring all those documents (proof of ties) whenever she crosses the border? Sometimes CBP officer still did not believe her even with her documents because she just started her own business in Canada that makes very little money. She’s okay with that in Canada because her parents can support her, but CBP officers didn’t think so. They seem to think she’s is trying to live with me in the US.

    What process/application can we do to make her border processing easier?

    – We get married, get her a TD visa. But if my TN visa expires (and so will hers) and we go back to Canada. The next time she travels to US, will she need to show those proof?
    – I apply for US citizenship. Get her a US citizenship after I did. (This may take 5~6 years, I think). I found this solution seems to fix everything. US cannot deny its citizen from entry to US. But then what are the con for her to have US citizenship? (pay tax to US?) or is there no con?

    Thanks very much for your time. If I’m not located in Vancouver, I’ll definitely use your service because by reading your web site, you seem to be a well-established firm with very skillful immigration lawyers. Is there any lawyer you can recommend in the Vancouver area?

    Once again, thank you, and I really like Canada more than the US. (The people, the water, the tree, and everyone!) 🙂 It’s only after I’ve worked in the US, then I realized it!

    Stanley

    Reply
    1. Alicia Kim

      Dear Stanley,

      When US border officers do not believe that you are a “genuine visitor” (i.e. you do not have sufficient ties to Canada to warrant admission to the US as a visitor), one of the best solutions is to prepare a “US Entry Package (UEP).” We prepare a persuasive cover letter addressed to US Custom outlining your ties to Canada and clearly demonstrating that you are indeed a legitimate traveller.

      For a more detailed strategy, I recommend that you consult an immigration lawyer with more information to better assess your situation.

      Hope this helps.

      Reply
  94. Daniel

    I’m 17. I am planning to travel on my own to the U.S. next Monday. I am from the U.K. and travelling under the Visa Waiver Program. What are the chances of me getting denied entry?

    Reply
    1. Alicia Kim

      Dear Daniel,

      Minors may travel to the U.S. However, you may need a notarized written consent letter from your parents. Please contact the embassy to address admissibility questions.

      Thank you.

      Reply
  95. MIke

    I was denied entry to the U.S. in 2007. I was fined $500 for violating 19USC1497 and sent back to Canada. I was fingerprinted and had my photo taken. There was .69 grams of marijuana in my car at the time.

    I was told I could re-enter after 5 years, but was given no documentation on it. Is there a way to find out whether I can re-enter the US?

    Also if not, what are the steps necessary to regain entry? I have a sister in-law in the states and my family often visits them.

    Also, will my past history affect my wife and child from entering?

    Thank You,

    Mike

    Reply
    1. Alicia Kim

      Dear Mike,

      Based on the facts you provided, you would have to apply for a U.S. Waiver. However, to better assess your situation, I would recommend that you consult an immigration lawyer with details of what happened and any document you received when you were denied entry in 2007.

      Thank you.

      Reply
  96. Kevin

    Hello,

    I am planning to enter the U.S. this summer. However, I have committed an online fraud on E-bay (I purported to sell something but did not send the item to the buyer). This person is going to report it to the police.

    I am from the Netherlands. Can I enter the U.S. without obtaining a visa?

    Reply
  97. Sara

    Hi,

    I’ve been to the U.S. twice. Once in August, 2010 for a week and once in January, 2011. I was going to stay only for 3 weeks, but ended up staying for two months and 20 days (almost 3 months).

    During my travel, I met someone in the U.S. and want to visit the U.S. as his girlfriend for 3 months. But, I do not have any plans for getting married at all for now.

    Do you see any problems I may encounter at the border? Would they possibly deny my entry? If so, why?

    Reply
    1. Alicia Kim

      Dear Sara,

      If you are from Sweden, you must be travelling without obtaining a visa to enter the U.S. under the Visa Waiver Program (VWP). The VWP allows you to stay in the U.S. for 90 days or less. So, if you left within 90 days on your previous visits, you should not have any problem.

      However, the VWP is granted only for tourism purposes. So, since you do not have any plans of getting married in the U.S. and remaining in the U.S., you should be careful not to mislead the border officers to suspect that you may remain in the U.S. You should make it clear that you will be a genuine visitor only and you will return to your home country within 90 days.

      Hope this helps.

      Reply
  98. Sulay

    Hi,

    I live in the Niagara Falls area. I hold an Indian passport. I have no intention of remaining in the U.S. and I have always come back to Canada. Last time, I was crossing the border to visit my relatives in the U.S., but the U.S. border officers stopped me because I did not have a return ticket. They took my fingerprints and photos and sent me back. They asked me to get more details to cross the border.

    What should I do if I want to cross the border one more time?

    Reply
    1. Alicia Kim

      Dear Sulay,

      Based on the fact you provided, it seems that US Customs did not believe that you were a “genuine visitor” and did not have sufficient ties to Canada or your home country to warrant admission to the US as a visitor.

      One solution is to prepare a “US Entry Package (UEP).” The UEP is usually for people who are denied entry to the U.S. on grounds that U.S. Customs does not believe that you are a genuine traveller. A UEP includes a cover letter addressed to US Custom outlining your ties to Canada and serves to clearly show that you are indeed a legitimate traveller.

      Hope this helps.

      Reply
  99. Paolo

    Hi,

    I am 17 years old and from Italy.

    I went to the U.S. in November, 2010 under a Visa Waiver Program to visit my uncle in the U.S. During my visit, I ended up attending school for two months without a student visa. I was not aware of the fact that I needed a student visa at this time.

    In January, 2011, I visited my grand-father in Canada and tried to come back to the U.S. But, I was refused entry because they found that I attended school in the U.S. without a visa.

    Now, my Mom is trying to apply for an E-2 visa and I was just wondering if my immigration history can adversely affect my Mom’s chance of getting her E-2 visa.

    Reply
    1. Alicia Kim

      Dear Paolo,

      It is not likely that your prior immigration history will directly affect your Mom’s E-2 visa application although there might potentially be a problem if you wish to follow her as a dependent. I suggest you consult an immigration lawyer to see what options you have should you wish to apply as a dependent.

      Thank you.

      Reply
  100. jamie

    I had a baby in America a couple of years ago on a tourist visa. Now,I’m applying for a Canadian study permit. Do you think this will affect my chance of getting this visa?

    Reply
  101. Mark

    There has been some helpful information on this site but I believe I will still need a specialist to help my application.

    I am a U.K. citizen. I have no criminal record and although I have consulted US companies for business purposes, I have never had employment in the US. I did however, after raising $1.25M for a US firm to keep it going, overstayed my U.S. visa by more than 6 months. This was an inevitable choice for me at that time as I was involved in a legal proceeding.

    Then, I returned to the U.K. for 6 months.

    I needed to come back to give evidence in court. They asked if I over-stayed my visa, I said yes and they denied my entry claiming that they did not believe my passport was issued in the UK and that I had been working in the US in order to pay bills. Both of these reasons can be proven wrong by my corporate accounts and lawyers but my main question is:

    Will I still be forced to wait 6-8 months for an application to be processed?

    The Canadian Immigration checked my passport the same day and gave me an instant 6 month visa.

    Thanks

    Mark

    Reply
    1. Alicia Kim

      Dear Mark,

      Based on the circumstances, you may have to apply for Humanitarian Parole. Humanitarian Parole allows entry to applicants on account of urgent matters or other emergencies. The processing time is less than 60-90 days and applicants are granted entry for a period of time to coincide with the duration of the urgent situation.

      However, since review of these applications is quite stringent, I recommend that you consult an immigration lawyer to better assess your situation and to prepare a strong case.

      Thank you.

      Reply
  102. medel

    Since 1995, I have had no problem with entering the U.S. with a B1/B2 visa. I have never overstayed in the U.S. and do not have any criminal record. From 2001 to 2005, I lived in the U.S. on an I-20 and in 2002 after my “ex” applied for adjustment of status, I got approval for a Green Card. Five days before my interview in 2005, I had to move out of the U.S. due to the breakdown of our relationship. I returned to Canada.

    In 2007, I got a new B1/B2 and I visited the U.S. three times for business purposes. I did not have any problem.

    In 2009, while I was traveling by land (at Buffalo), I was held and removed from the U.S. on the ground of 212 (a) (7) (A) (i) (I) and asked to voluntarily withdraw my application. The officer suspected that I permanently lived in the U.S.

    After they checked my bag, they found two new cars registered under my name in the U.S., several credit cards, four checking accounts with large amounts of money and a business registered in the US – all of these are legal and used for my business running outside the U.S.

    Also, they noticed that my GC case has not been closed.

    Currently, I am happily married for 6 years and have a 3 year old baby, a good house, a job in Canada. And I need to enter the U.S. for business purposes. I am a Canadia citizen.

    Reply
    1. Alicia Kim

      Dear Medel,

      It seems that U.S. Customs did not believe that you were a “genuine visitor.” But, if you were allowed to voluntarily withdraw, you may not have to apply for a waiver although it would be a good idea to have an immigration lawyer review all the documents you received to best assess your situation.

      Even if you do not need a waiver, I suggest that you prepare an Entry Package. An Entry Package is a prepared set of documents outlining your ties to Canada (i.e. your immediate family members, house, and job in Canada) and your wish to enter the U.S. as a genuine visitor for a temporary duration. This package is usually for people in your situation who are denied entry on grounds that US Customs does not believe you are a genuine visitor to the US.

      Thank you.

      Reply
  103. Bryan

    Hello,

    My wife got denied entry to the U.S. with her tourist visa. I have an H1-B visa. She was denied because the Immigration officer was suspecting that she would change her status from a tourist to an H-4 visa. They took her picture and let her sign the a document and also cancelled her tourist visa. We are planning to apply for an H4 visa in our home country. Will this affect her chances of getting a visa? Will this cause a problem when she will get back to the U.S.?

    Thank you.

    Reply
    1. Alicia Kim

      Dear Bryan,

      If you were allowed to voluntarily withdraw, you would not need to apply for a waiver. But, it might be a good idea to have a lawyer review all the documents you recieved at the border to best determine whether or not you need a waiver.

      Even if you are not deemed inadmissible, it might be a good idea to prepare an entry package to make sure you will not be denied entry again. An entry package is a prepared set of documents with a cover letter addressed to US Customs and Border Protection demonstrating that you wish to enter the US as a genuine visitor for a temporary duration.

      Thank you.

      Reply
  104. Michelle

    Hi,

    I am a Canadian citizen with direct family memembers living with me in Canda. I visited the US in the past for several times for personal purposes without any issues. A few days ago, I was going to the US again but was denied. My trip was for both personal and business purposes, but I was confused and said it was personal only. I had a random check, had my fingerprints and photos taken. Then, I was asked to withdraw my application voluntarily, which I did.

    I need to have a business trip to the U.S. in a few days. I have prepared return tickets, business trip invitations and agenda, hotel reservation, Canadian house ownership, utility bills, and pay stub.

    My questions are:
    1. Anything else I need to prepare?
    2. Will they ask detailed information about my past trips to U.S., which I may not remember?
    3. What will happen for this coming trip, will I be approved or denied again?

    Thanks!

    Reply
    1. Alicia Kim

      Dear Michelle,

      If you are entering the U.S. for busienss purposes, you may have to apply for a B-1 Visa. Canadian citizens may obtain a B-1 Visa at a U.S./Canadian port of entry. B-1 applicants are typically asked to present documentation showing ties to Canada (i.e. bank records), evidence of close family relatives in Canada, property deeds, and documents showing that the applicant will be engaging in permissible B-1 activities. Please note that as a B-1 Visa applicant, you are not allowed to engage in the U.S. labor market.

      It is hard to give you any guarantee that you will or will not be approved. However, to have the best chance of success, I suggest that you prepare a U.S. Entry Package with a qualified immigration lawyer.

      They may ask you about your past trips to the U.S. If they do, you have to answer to the best of your knowledge. Otherwise, you will be denied entry and subject to an entry bar for misrepresention.

      Hope this helps.

      Reply
  105. Alex

    Hi
    I am a Canadian citizen. I am an Electrical Engineer. Last Friday, I was denied entry to the U.S. because my job title was not on the TN list. What are my options? Thanks.

    Reply
    1. Alicia Kim

      Dear Alex,

      Even if your job title does not appear on the TN list, you may still qualify. I would suggest that you consult a qualified immigration lawyer with a detailed description of your position.

      Hope this helps.

      Reply
  106. Tawnya Harding

    I have a waiver to enter the U.S. I need a waiver because I had a 30-year-old criminal record from when I was 16. I didn’t know I had a record until I was refused entry to the U.S. I have since gotten a pardon in Canada. My employer wants me to work in the U.S. for two or three years. Will I be eligible to work in the U.S. if I have a waiver? Will my employer need to be aware that I have a waiver, as they will be applying for the necessary work permit. Please advise. Thanks.

    Reply
    1. Alicia Kim

      Dear Tawnya,

      You can work in the U.S. with a Waiver. However, if your employer is asking you to work for 3 years, a B1 visa may not be the right choice. You may have to apply for a TN visa or H1-B.

      With respect to your criminal record, since the offence was committed when you were under 18, you may qualify under the Youth Offender Exception which does not render one inadmissible. Also, it may not be necessary for your employer to know about your criminal issue.

      However, to better assess your situation, I would recommend that you consult with an immigration lawyer with more detailed information in order to determine which avenue is best suited for your situation.

      Thank you.

      Reply
  107. Heidi

    Hi,

    On March 4, 2011, my Canadian born daughter, my American born grand-daughter, and I were crossing the border to enter into the U.S. However, we were refused entry because the officers thought we did not have enough ties to Canada.

    What constitutes “ties to Canada” and can we try to enter the U.S. again?

    Thank you.

    Reply
    1. Alicia Kim

      Dear Heidi,

      “Ties to Canada” means any connection you have with Canada. The more ties you have to Canada, the more assurance you can give to the border officers that you will be returning to Canada after your temporary stay in the U.S. Usually, one’s mortgages, investments, utility bills, government issued identification cards, employment in Canada or immediate family members living in Canada can be used to show his/her ties to Canada.

      However, in order to better assess why you were refused entry to the U.S. and to prepare yourself better for your next entry, I would suggest that you discuss with a qualified immigration lawyer.

      Thank you.

      Reply
      1. Heidi

        Thank you Kim.

        I own my home here in Canada. I did not apply for any mortgage to purchase this home as I had enough cash. As for immediate family members, I have a 26 year old son, and a 67 yr old mother in Canada. I also have a piece of land under my name. I have propery tax bills, my driver’s license, and government issued ID cards (including my health card and SIN card). I had some of these documents with me last week when I was trying to enter Canada at the border.

        Reply
        1. Alicia Kim

          Dear Heidi,

          Based on the facts you provided, I would suggest that you consult an immigration lawyer with all the details and documents you recieved from the border officer on that day to figure out exactly why you were refused and to make sure your next entry will be successful.

          Reply
          1. Heidi

            Thank you Alicia!

            Unfortunately, when they refused our entry to the U.S. they did not tell us anything or gave us any documents. They simply told us to come back after 6 months with proof of ties (i.e. utility bills, bank accounts, pay receipts or mortgage statements). What should we do?

            Reply
            1. Alicia Kim

              Dear Heidi,

              In that case, I would recommend that you prepare an Entry Package with all the documents they asked you to bring with you. It might be a good idea to have a qualified immigration lawyer to prepare clean and persuasive submissions for you in order to ensure that you will not be refused again. It is much better to do it right the first time than getting refused again. We see a lot of clients who apply for a Waiver after getting refused and these are much harder cases.

              Hope this helps.

              Reply
  108. Martin

    I am a Canadian citizen. I recently crossed the US border from Canada with a Entry Waiver good for one year due to my past US immigration violation. I was given an admittance card which was I-94 valid for six months. On my way back to Canada, the border officer did not check my I-94 and did not stamp on it. So, now I have a record of my entry to the U.S. but no record of my departure from the U.S. Would there be any problem when I travel to the US again? Thanks.

    Reply
    1. Alicia Kim

      Dear Martin,

      If you departed within the six months, as indicated on your I-94, you should not have any problems entering the U.S. However, if your I-94 has expired, you should surrender it right away at the port of entry and ask for another one. You may have to consult an immigration lawyer to review the dates on your I-94 more carefully.

      Thank you.

      Reply
  109. afua quarm

    I have secured my U.S. Visitor’s Visa last year, but my Canadian Visitor’s Visa was refused. On my visit to the U.S., I was found inadmissible because the border officers found that I intended to re-apply for a Canadian Visitor’s Visa in the U.S. I had in my possession a letter of acceptance to a school in Canada. I was made voluntarily withdraw my application and sent back to my country.

    Can I get a U.S. visa again or can I try re-entering the U.S. once more?

    Reply
    1. Alicia Kim

      Dear Afua Quarm,

      If you were allowed to voluntarily withdraw, you may not have to apply for a waiver. However, I would suggest that you consult an immigration lawyer to review the documents you recieved to best determine whether you need a waiver. Even if you are not deemed inadmissible, it might be a good idea to prepare an entry package with an immigration lawyer to make sure you will not get denied entry again.

      Hope this helps.

      Reply
  110. paul biris

    Hi,

    I am a Romanian citizen. I was denied entry to the U.S. last year because I overstayed my visitor’s visa by 3 months. I ended up overstaying in the U.S. because my girlfriend gave birth to my child. Two weeks after my baby was born, we all returned to Romania. I was also convicted of a misdemeanor 5 years ago.

    Do I need a waiver in order to get a new visa?

    Thank you. I look forward to hearing from you.

    Reply
    1. Alicia Kim

      Dear Paul,

      Since you overstayed in the U.S. by less than 6 months, you are not subject to an overstay bar. However, depending on what kind of misdemeanor you were convicted of, you may or may not need a Waiver. If you satisfy the requirements of the “petty offense exception”, you may enter the United States without a Waiver.

      Thank you.

      Reply
  111. peter

    Hi,

    I am from Australia. I was denied entry to the U.S. six years ago because I forgot my passport. I need to apply for a Visitor Visa now to go to the U.S. Do I need to declare this on my application?

    Thank you.

    Reply
    1. Alicia Kim

      Dear Peter,

      If you are a citizen of Australia, you would not need to apply for a visitor visa to enter the United States. However, when you are asked about your immigration history by an immigration officer, you must declare the incidence. If not, you may be barred from entry for misrepresentation.

      Hope this helps.

      Reply
  112. Jordan

    Hi,

    I just need a quick answer. I was trying to travel to the States last weekend. I got nervous when I was asked questions by U.S. immigration officers at the border and said I was going to work in the U.S. Actually, I wanted to visit a friend for a week. The officer denied my entry saying because I did not have a visa. Do you think it will be ok that I try one more time? They did not take any pictures or finger prints. How can I then visit my friend in the U.S.?

    Reply
    1. Alicia Kim

      Dear Jordan,

      You do need a visa to be able to work in the U.S. However, you are Canadian and your purpose of visit is just to visit friends in the States for a short period of time, you should have no problem crossing the border next time without a visitor’s visa.

      Thank you.

      Reply
  113. Renee

    Hi ,

    I am from Australia. I was refused entry to the U.S. one year ago because I had a criminal conviction that I didn’t declare. I didn’t declare my criminal conviction because it happened so many years ago. How can I apply for a tourist visa?

    Renee .

    Reply
    1. Alicia Kim

      Dear Renee,

      If you have a criminal conviction, you may require a U.S. Waiver of Inadmissibility to be admitted to the U.S. again. Since Australia is one of the visa exempt countries, you may be able to enter the U.S. for stays of 90 days or less without obtaining a visitor’s visa.

      In addition, if your conviction occurred 5 years ago or longer, you may be eligible to make an application for Criminal Rehabilitation to enter Canada. If a Criminal Rehabilitation application is approved, it will wipe out your criminal inadmissibility that prevents you from entering Canada. An application for Criminal Rehabilitation can be made at a Canadian Consulate or Embassy. Since a Criminal Rehabilitation application often invovles technical legal questions, you should always consult with a qualified Canadian immigration lawyer to determine your eligibility and to make a strong case.

      Thank you.

      Reply
  114. Sandra

    Hi,

    I am a Canadian citizen. I was barred from entering the U.S. for misrepresentation. I want to join my snowbird friends in Florida. Can I re-enter the U.S.? What are my chances? What kind of information do I need to provide? Do I need to show my ties to Canada?

    Thank you.

    Sandra,

    Reply
    1. Alicia Kim

      Dear Ms. Sandra,

      You would have to apply for an I-194 Waiver. You would need police clearance, a personal statement from you concerning the circumstances surrounding the misrepresentation, reference letters, and any documentation showing your ties to Canada. Processing time for waivers ranges from 6 to 9 months and you must attend at a designated port of entry to make application in person. Your submissions need to be presented in a persuasive manner as the officer reviewing your submission has a lot of discretion.

      Hope this helps.

      Reply
  115. Billy

    Hi,

    I am a Canadian citizen. I was denied entry to the US in November, 2010 because of my overstay in the U.S. I married a US resident in 2007 and have a child born in the US.
    My husband is still in the US. I need to apply to re-enter the US.
    Kindly advise.

    Reply
    1. Alicia Kim

      Dear Billy,

      You should apply for an I-192 Waiver. If it is approved, you could enter the US during up to a 5 year period depending on the duration of the Waiver.

      Alternatively, if you have to enter the U.S. urgently, you may apply for a Humanitarin Parole. This may be an expedited means for entry to the US if you have strong humanitarian grounds for entering. However, you must show that you will be returning back after your temporary visit to the US is finished and that you have sufficient ties to Canada.

      Thank you.

      Reply
  116. Emma

    Hi,

    In 2007, I went to the U.S. on a visitor visa. After I got married to my boyfriend, I applied for adjustment of status. However, in 2008, I had to drop the application as I had family emergencies back in the U.K. I was subsequently classified as an overstay because my application was never complete. Am I subject to a three year overstay bar?

    Thanks,

    Emma

    Reply
    1. Alicia Kim

      Dear Emma,

      If you have been classified as an overstay by U.S. immigration, you are subject to an overstay bar. Generally, if you overstayed in the U.S. for 180 days or more, you are are subject to an automatic 3 year bar. To overcome your inadmissibility, you may apply for a Waiver to the US and be admitted despite your overstay in the US.

      Reply
  117. Drew

    Hi,

    My friend was denied entry into the U.S. In order to return to the U.S. to visit, what should she apply for? Is there a chance that she is going to get denied again because she was already denied once?

    Thank you.

    Reply
    1. Alicia Kim

      Dear Drew,

      Depending on her nationality, she may need a visitor visa to visit the US (Canadian citizens do not require US Tourist Visas to enter the U.S.). When she applies for a U.S. Visitor’s Visa, she will have to disclose her travel history to the U.S. on the forms. She would therefore also require a waiver to re-enter the U.S.

      Hope this helps.

      Reply
  118. Naomi

    Previously in the past I was denied entry for medical reasons ( when crossing in 2005 accidently provided OHIP card ) instead of driver’s license and was questioned about details in my medical history. Was advised I was a medical risk to the US and denied entry – Yes was even finger printed and photo’d.
    I am concerned because I also had a minor criminal conviction in the past from 1998 that showed up on my history. I have since obtained a pardon because I thought the criminal record was gone since it was received when I was a minor. Now I am concerned about completing the medical because I hear that once the US knows about a conviction they NEVER forget. Any advise??

    Reply
    1. Michael Niren

      Your conviction, depending on what it is, may render you inadmissible to the US even if you recieved a Pardon (the US does not recognize them). If this is the case you may have to apply for a US waiver to be admitted to the US on criminal or medical grounds. But do not mispresent anything US customs otherwise you could find yourself barred from the US for many years.

      Reply
  119. kamal

    Thank you for responding. I have one more question: on filling the immigrant visa application, should I answer the question related to if I have committed any crimes?

    Reply
    1. Michael Niren

      You have to answer all and every question on an immigration form truthfully. However it is essential to understand the legal consequences of information you put on an application form as well.

      Reply
  120. kamal yousef

    I am still wondering that if I am inadmissible, does it mean that my wife and kids who will accompany me to the interview will be found inadmissible too?

    Reply
  121. kamal yousef

    I have an approved I-130 filed as a brother of US citizen and my visa is now available, but i may be found inadmissable due to a crime commited in 1990. If my immigrant visa is denied, does it mean that my wife and my children will be inadmisable as well?

    Reply
  122. karla

    I got a US visa on 1992 and was denied entry to the US because they found out that I was already living there. Well I entered illegally again, then had a baby, but left on 2000. Now I want to visit the US with no intention of staying. Can I reapply for a US visa? My parents are legal residents and my sisters are US citizens. I live and work in Mexico.

    Reply
    1. Michael Niren

      Hello
      You can possibly apply for a new US Visa but it will not be easy given your illegal entry and overstay in the US. You have to have a very strong application showing your ties to your home country and that you will be staying in the US on a temporary basis

      Reply
  123. Dave H.

    Three years ago, I was crossing the U.S. Border for a sporting event with my family and, according to the border officer, I didn’t have the proper documentation (my fault) but the officer was very belligerent and reminded me of a $30.00 fraud conviction I received when I was 18 (24 years ago). He felt I was being difficult (believe me, I was not!) and proceeded to have my prints done and told me I was unable to enter the U.S. again. This seemed extreme but there is nothing I have been able to do. Is there an appeal process for me?

    Reply
    1. Michael Niren

      Your fraud conviction may be considered a CMT (Crime of Moral Turpitude) which could render you inadmissible to the US. You may therefore require a US Waiver of Inadmissibility to be admitted to the US again. Were you given any documentation to fill out by the US officials when you were denied?

      Reply
  124. Gabriel

    Michael, Me and my wife overstayed our visitors visa. And US Customs is aware of this. We have planned to go back to the US but that has held us back. Is there a website or somewhere you can go to see if we are going to be admissible to the US?
    Thanks.
    Gabriel

    Reply
  125. Sean

    Michael, Thank you. My offenses are 2 misdemeanors (from one incident). Are you aware of a list of offenses that woulder render me inadmissable? I am aware of the list of crimes that are constitutes as “Crimes of Moral Turpitude”, but mine are not on that list. Also, can you recommend council for Central Florida?

    Reply
  126. Michael Niren

    Hello Sean
    Depending on your record, you may have to apply for a US Waiver and are inadmissible to the US. If, as you mentioned, the courts withheld adjudication, it may be that your offense does not render you inadmissible. In such a case, it is always advisable to have the court documents with you at any time your cross to the US in case you are questioned about your record.

    Reply
  127. Sean

    I have a minor criminal record. My H1 B visa does not expire for a few years. However, I am concerned that any travel out of the US, they can deny my entry to the US because of my record (even though the courts witheld adjudication). Is this something that I should be concerned about? Or should I just travel with court documents that show I have completed their requirements? Any recommendations?
    Thanks.

    Reply
  128. Michael Niren

    13 months is a long time. I am assuming that you applied for an I-192 US Waiver. Usually US waivers take around 6 to 8 months to process. In cases like yours we would contact the DHS and make the appropriate inquires to find out what is the reason for the delay and then take it from there.

    Reply
  129. sophia

    I have been waiting for over 13 months and no news yet. The reason that this happened in the first place was that I said I was not married (I had just gotten married and it was an honest mistake) and even though I corrected it on the spot, I was still denied entry to the US. Both my husband and I are foreign citizens to US. I was just working in the US on TN visa as highly educated professional. I never had any issues with the law in my life. After 13 months, I am still waiting.

    Reply

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