Is flagpoling a refused/denied entry to US?

[SecularFirst]

Hello all,

Is flagpoling for landing as PR considered as denied entry or refused entry at US border? Does it goes into the record as denied entry at border ? Do we have to answer yes to questions in future visa applications as 'Have you ever been denied/refused entry to any country? Especially for any future US visa applications?

Thanks.

 

[kryt0n]

I have the same question here. It doesn't help that the "administrative refusal" from the states spelt my boyfriend's name wrong.

 

[bellaluna]

Hello all,

Is flagpoling for landing as PR considered as denied entry or refused entry at US border? Does it goes into the record as denied entry at border ? Do we have to answer yes to questions in future visa applications as 'Have you ever been denied/refused entry to any country? Especially for any future US visa applications?

Thanks.

It is not, although even if you answered "yes" to this, it wouldn't be held against you either: they can verify in your records and if you explain at the US visa interview it was for flagpoling.

 

[kryt0n]

Yup, after I flagpoles I went to USA and got my evisa, whatever it's called. I called them and asked if I had to declare I had been denied a US visa before, 3 border guards all said no. However I think I will say 'yes' on the Canada PR form and explain. If they think I'm over honest maybe they'll forgive other vague bits of my app

 

[SecularFirst]

It seems like a unnecessary risk. I would rather enter US properly for shopping etc and do landing on my way back.

 

[kryt0n]

Yea, we didn't do the research. We were in Canada close to the border. Drove down and when we got there just said "oh, we're just here to renew out Canada visas". They wrote our names down (incorrectly) and handed us an "Administrative refusal". We then went into the Canada office and she gave us our new visas with a smile. Tbh, she didn't even ask us if we had been denied a visa then! But yea, now I know what it is I wouldn't recommend it.

 

[bellaluna]

It seems like a unnecessary risk. I would rather enter US properly for shopping etc and do landing on my way back.

That's what I did, but the CBP officer told me I could just flagpole, and that I did not necessarily need to enter the US to activate my Canadian PR. I said, "But I really want to anyway," so I was admitted.

 

[mf4361]

Technically yes and you'd have to report it when you are asked such question. But there is no risk by saying so. Being denied before is not automatically refusal (unlike convicted of a serious crime) and CBP offices have records so there's no chance for hiding it in the future. Explain your situation to the authority and they will understand.

Lying, on the other hand, could consider as misrepresentation.

You can just go to US inland, shop around and then turn back. But that's not an option for people who don't have US visitor visa. Or like me, where the land border is 3 hours from the closest civilization.

 

[devnill]

You are not being denied entry when flagpoling, you are simply deciding that you no longer wish to enter the US.

 

[kryt0n]

Technically it is "Administrative Refusal". That was the form we are given...with misspells names by the yanks

 

[canuck_in_uk]

An administrative refusal is not a real refusal and doesn't need to be mentioned. Many people have asked at when at the US border or called CBP to confirm this.

 

[Frankie2017]

I have the same question here. It doesn't help that the "administrative refusal" from the states spelt my boyfriend's name wrong.

hi,seniors. I have same situation now.Should I mention I get denied entry to US because of flagpoling?

 

[kryt0n]

hi,seniors. I have same situation now.Should I mention I get denied entry to US because of flagpoling?

I have said yes to the stat questions and mentioned it. Mostly because I also was declaring a refused Canada work permit as well, so figured I would mention the flagpole. It won't affect your pr at all. Best to be honest when unsure.

 

[Frankie2017]

I have said yes to the stat questions and mentioned it. Mostly because I also was declaring a refused Canada work permit as well, so figured I would mention the flagpole. It won't affect your pr at all. Best to be honest when unsure.

ok.Thanks.I never get other refusal.Still thinking what to do.

 

[kryt0n]

ok.Thanks.I never get other refusal.Still thinking what to do.

It won't hurt your application if you say yes. It's better to declare if you're not sure and explain it (there's a box to explain) and you can add to it in your LOE if you want. Honestly, it won't impact your eligibility if you say yes.