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Denied entry into the US: Chances for Canada PR?

the.eagle2121

Member
Nov 5, 2017
15
0
One of my cousins (Indian nationality) was denied entry into the US a few weeks ago. He went into the port of entry with a B1/B2 visa and was sent into the secondary for further questioning. The officers believed that he did not had the correct visa for his entry and they also believed that he intended to work on his visitors visa. They told him that they are allowing him to withdraw his application for entry without any ban and informed him that he can "theoretically" come back next week if he is able to obtain a new visa from the consulate. His employer informed him that if he went back to the consulate for a new visa, there is an extremely high chance that it will be rejected even though he wasn't banned from entering the US and there is already a big blue stamp on his US visa marked "cancelled".

Now here is the relevant part. He is planning to apply for a Canadian PR under FSW express entry program. Will this incident lead to his Canadian PR being denied? Obviously he plans to declare his denial of entry on the immigration forums but it would be devastating for him if because of this incident he can be denied the chance to immigrate to Canada. Considering that he's in depression, I thought that I should ask this question on this forum on his behalf to see if someone can share their opinions/comments on this issue.

Also, do you personally know someone who had this issue and was able to land in Canada as an immigrant?
 

k.h.p.

VIP Member
Mar 1, 2019
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Canada
He was going to enter the US on a visitor's visa and his "employer" was telling him what to do? Was he going to the US to work?

As long as he declares the denial of entry, it will not have a specifically negative effect on his future applications under FSW. If he applies for a tourist visa, you could expect a more stringent review of the application. But FSW, he should still be fine.
 

21Goose

VIP Member
Nov 10, 2016
5,246
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AOR Received.
Feb 2017
This shouldn't affect his Canadian PR application. It will affect any tourist/work/study visa applications.
 

the.eagle2121

Member
Nov 5, 2017
15
0
He was going to enter the US on a visitor's visa and his "employer" was telling him what to do? Was he going to the US to work?

As long as he declares the denial of entry, it will not have a specifically negative effect on his future applications under FSW. If he applies for a tourist visa, you could expect a more stringent review of the application. But FSW, he should still be fine.
I really do not know what the exact details are but I am pretty sure he was planning to do something that did not came under the scope of his visa so they cancelled it but did not ban him or excluded him from the country for a specific period of time. He was given a form for application withdrawal and was sent back into the next flight. And thanks for your information!
 

Bs65

VIP Member
Mar 22, 2016
13,187
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Just a minor point for clarification where you say in 'depression' are you implying actual depression for which receiving treatment or simply upset at being denied entry to the US. Important distinction as far as medical requirements for immigration concerned.

As for the US whilst may not have been given any specific ban my guess would be the next time your cousin attends any interview for a US visa will likely have a hard time getting approval if at all. The US these days are not very forgiving with people they see as having tried to play the system.
 
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canuck_in_uk

VIP Member
May 4, 2012
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Visa Office......
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App. Filed.......
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Just a minor point for clarification where you say in 'depression' are you implying actual depression for which receiving treatment or simply upset at being denied entry to the US. Important distinction as far as medical requirements for immigration concerned.

As for the US whilst may not have been given any specific ban my guess would be the next time your cousin attends any interview for a US visa will likely have a hard time getting approval if at all. The US these days are not very forgiving with people they see as having tried to play the system.
Depression is not a condition that renders a person medically inadmissible.
 

the.eagle2121

Member
Nov 5, 2017
15
0
Just a minor point for clarification where you say in 'depression' are you implying actual depression for which receiving treatment or simply upset at being denied entry to the US. Important distinction as far as medical requirements for immigration concerned.

As for the US whilst may not have been given any specific ban my guess would be the next time your cousin attends any interview for a US visa will likely have a hard time getting approval if at all. The US these days are not very forgiving with people they see as having tried to play the system.
I think he's upset because he feels that the US refusal will result him not getting his Canadian PR. And I don't really know what happened to him in the chronological order but it ignited my curiosity nonetheless and that is why I asked this question here, not only to assuage his anxiety but satisfy my curiosity as well :p. And yes, I agree with your statement; a lot of Indian employers send people offshore on B1 visas when they really need a working visa.