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Can I apply and get I94 after flagpoling in US-Canada border to see happened?

bottomline123

Full Member
Jan 5, 2017
43
0
Hello, seniors. I have a question regarding on US-Canada border flagpole. I flagpoled two days ago and I think I may have messed up my my visa record in the US (I think I got a formal refusal instead of flagpoling refusal). A taxi driver was driving me to the US side, and I told the officer very explicitly that I am here to flagpole and want to go back to Canada side. I was asked to go inside the building, and it seems the agent was very mad at me for flagpoling. He immediately gave me a "refusal of entry" slip and told the driver to take me back. He explicitly told me if you applied for US visa (F1, H1B, B1 ect), there will be a question "Have you ever been refused a US visa, been refused admission to the US, or withdrawn your application at the point of entry?", and he said I should say "Yes".

I was panic immediately and try to explain to him that I am trying to do flagpole and have no intention to enter US. But he just gave me a refusal letter (a letter size white form) that said "refusal of entry" (there is no mention of "flagpoling" in the form). I really didn't know what to do at that time and the officer seems don't want to listen.

After I came back to the Canada side. The officer took away the white form and I finished the paper work in Canada side. But I was really worried and don't know what the US officer has done in my record. Do I really have to say "Yes" to the question "Have you ever been refused a US visa, been refused admission to the US, or withdrawn your application at the point of entry"?

I have been researching for this two days. I wonder is it possible a foreign national (not from visa-exempt country) can get a I94 record to see what happened in the border?

I am really concerned that it will cause any trouble if applying for F1, B1, H1B in the future. Is there any way to see contact or call US border or CPB about this and explain the situation (can't go back to the border in person, otherwise very likely I will get refusal one more time)?

Do any seniors happen know about this.

Thank you.
 

logoaka

Star Member
Jun 9, 2016
56
0
I actually run into a similar situation. So I was told to put "Yes" to the question "Have you been refused a visa from US, or been denied admission or be withdrawn at the port of entry" when flagpoling? It is really devastating and really affect future US visa application endeavor. Does anyone know any about this?
 

bellaluna

VIP Member
May 23, 2014
7,405
1,781
This is the website for I94, which is the record of legally admitted entry.

https://i94.cbp.dhs.gov/I94/#/home

Think you've just confused the term, as you were refused, you were not issued an I94.

Anyway, even if you answer yes to the question, you will explain it in the interview and they will see the record. IMO there's at most very little impact on your B1/B2 visa application.
 

logoaka

Star Member
Jun 9, 2016
56
0
bellaluna said:
This is the website for I94, which is the record of legally admitted entry.

https://i94.cbp.dhs.gov/I94/#/home

Think you've just confused the term, as you were refused, you were not issued an I94.

Anyway, even if you answer yes to the question, you will explain it in the interview and they will see the record. IMO there's at most very little impact on your B1/B2 visa application.
Hello bellauna, thank you very much for your information. I wonder what kind of record will they be able to see? Can I see the record myself, so that I can understand what the officer has done to the record at the border?
 

kryt0n

VIP Member
Sep 30, 2014
5,422
274
NOC Code......
2172
AOR Received.
16-03-2017
Passport Req..
11-07-2017
Same happens we to us. We were given an "administrative refusal" letter (with my boyfriend's name spelt wrong). The officers weren't mad though.

After this we applied for an esta for USA and i called 3 border centres in USA and spoke to 3 supervisors who said it wasnt a real refusal. I then said no on the estate application and it was approved no issue.

I'll be declaring it on my EE pr app though to be super careful. I don't think it will seriously effect you.
 

kryt0n

VIP Member
Sep 30, 2014
5,422
274
NOC Code......
2172
AOR Received.
16-03-2017
Passport Req..
11-07-2017
Well shit...

So I actually took a photo of my USA refusal letter at the time. Found it on my phone.

We were told it was an admin refusal but it clearly says refusal.



So now, obviously we will declare it however thinking back we applied and were rejected for a work visa after this and I said no to a refusal. Is the past declaration going to bite me???
 

logoaka

Star Member
Jun 9, 2016
56
0
kryt0n said:
Well *censored word*...

So I actually took a photo of my USA refusal letter at the time. Found it on my phone.

We were told it was an admin refusal but it clearly says refusal.

So now, obviously we will declare it however thinking back we applied and were rejected for a work visa after this and I said no to a refusal. Is the past declaration going to bite me???
Hello, kryt0n. If I understand you correctly. What you mean is that when you were applying for a US visa, if you should declare the previous "refual of entry" in the application questionnaire? Are you from a visitor-visa-exempt country?

I took the day off yesterday and travel all the way to the border again. I think what the officer said in there is that the US will have the "refusal of entry" record permanently in their system. You mention you work permit was rejected. Just to understand, can I ask is it that your US work visa was rejected or CA work visa was rejected?
 

kryt0n

VIP Member
Sep 30, 2014
5,422
274
NOC Code......
2172
AOR Received.
16-03-2017
Passport Req..
11-07-2017
Hey, so at the end of our Canada iec visa we drove to the courts/sweet grass border to flagpole.

The USA border guy took our names (group of us) and escourted us to Canada border.

The paper they gave us is the picture above. Two peoples names were spelt wrong in it. We were told it wasn't a real refusal. We are from the UK and at the time we had a valid esta in place.

We got our new iec visas no problem and drove home.

It was a year later when applying for a Canada work permit that was ultimately refused that I'm not sure I declared this refusal.
 
Apr 16, 2018
3
0
So I said no on my ESTA do I now say no when I enter the US or say yes on the form and write “flagpole” did you have any issues with this? I just got my PR so I looked for cheapest flights and booked a flight to Hawaii for a vacay so I can process my PR on entry back into Canada but I completely forgot that I was technically “administrative refusal of entry” for my flagpole 2 years ago
 
Apr 16, 2018
3
0
Same happens we to us. We were given an "administrative refusal" letter (with my boyfriend's name spelt wrong). The officers weren't mad though.

After this we applied for an esta for USA and i called 3 border centres in USA and spoke to 3 supervisors who said it wasnt a real refusal. I then said no on the estate application and it was approved no issue.

I'll be declaring it on my EE pr app though to be super careful. I don't think it will seriously effect you.
So I said no on my ESTA do I now say no when I enter the US or say yes on the form and write “flagpole” did you have any issues with this? I just got my PR so I looked for cheapest flights and booked a flight to Hawaii for a vacay so I can process my PR on entry back into Canada but I completely forgot that I was technically “administrative refusal of entry” for my flagpole 2 years ago
 
May 20, 2018
465
110
Category........
FAM
Visa Office......
Mississauga
App. Filed.......
14-06-2018
AOR Received.
30-07-2018
File Transfer...
29-08-2018
Med's Request
20-08-2018
Med's Done....
05-09-2018
Passport Req..
15-10-2018
Well shit...

So I actually took a photo of my USA refusal letter at the time. Found it on my phone.

We were told it was an admin refusal but it clearly says refusal.



So now, obviously we will declare it however thinking back we applied and were rejected for a work visa after this and I said no to a refusal. Is the past declaration going to bite me???
Hey I got the same thing at Coutts, when I asked the Canadian officer he said that I should answer yes to the “have you ever been denied entry” question but that I would not be an issue because they will be able to see on their system that it’s just for immigration purposes. Just wanted to double check with you tho, is this an actual refusal or just an administrative refusal?? Because they put my partner’s name on it as well and he’s a Canadian citizen.