Urgent - Need Help Crossing Border

[epmarshall]

Hi everyone. This morning I was going to visit my boyfriend for the week in Canada. I am from VA and traveled a long way from home only to get denied at the border. I've been to visit him twice already, so I figured it would be fine. Now I'm so confused because the border officer seemed like she had it in for me because I was nervous. I ended up breaking down in tears, which I know seems really stupid but I'm afraid, don't know what to do, and have anxiety problems. I understand why they think I'd try and violate the rules, but I just want to visit.

Please offer me advice. I want to get a hotel and try again tomorrow. Is there any way I could try again today even? Would a train be better than bus?

Also, I don't know whether it's the right move or not but I mentioned common law, which might have been what set them off. The first border officer I spoke with told me you couldn't do the visitor visa thing and then apply common law that way. Was she wrong? I did make it clear this was just a visit, though.

The officer who denied me gave me a checklist of things. She circled some of them and wanted evidence. But it's going to be different for each border officer, it[s so frustrating. I can get some of the evidence she wanted, but I don't have a job, which was also one of the things she wanted proof of and said I couldn't enter without one or something.

I'll just start the topic and add more as I think of it. I am at the bus station now deciding what to do and would appreciate any advice greatly, as I am extremely stressed out. Thanks.


Is there any way I can try again today? Should I try taking a train instead of a bus?

 

[epmarshall]

Okay apparently it's not good to try crossing the border twice in one day. That is what some research is suggesting.

 

[scylla]

Sorry you're going through this.

I personally think it would be extremely risky trying again today unless you can obtain very strong evidence of ties to the US. I don't see this happening since you don't have a job. I think trying tomorrow would be risky as well. You now have a note in your file and the next immigration officer you encounter will most likely expect you to be able to show stronger ties to the US than you did this morning. It's too bad you can't show proof of employment. I suspect the officer believed you had plans to live in Canada (which you're not allowed to do as a visitor). What ties can you show to the US? Do you own property or have a business? Do you have decent bank account statements? Any utility bills? Any chance you're attending school and can show you are enrolled in a program and have paid tuition fees for the current semester (and therefore have plans to return)?

It's unfortunate you mentioned common law since this definitely makes it sound like you had plans to live in Canada instead of just visiting. But what's done is done.

What items were specifically listed on the evidence list you were given and which ones can you provide if you tried to re-enter today or tomorrow?

 

[Ponga]

Ug! This is a tragic example of what can go wrong at the border!

IMHO, you probably should return home, so that you can address the checklist items that were circled by the Border Officer. Although you can certainly try to enter again (I don't recommend trying again today), but there will undoubtedly be a note in their system about this refusal. The next BO will swipe your passport and likely see the note. S/he will ask you if you have the circled items from the previous BO's checklist, which...you do not...yet.

I don't believe that it would matter how you traveled (bus,train, commercial airline, etc.) because the CBSA database is used at every border crossing.

Regarding the issue of Common-Law:

It's quite possible to enter Canada as a visitor and then apply to extend that visit so that you can become Common-Law. Many people do this and the majority ( from a Visa-exempt country, such as The U.S.) have little, if any, problems. Unfortunately, you will be scrutinized when you do try to enter again, but if you can show that you have satisfied the BO's checklist requirements and that you have every intention of following the rules (once you yourself clearly understand what those rules are), you will hopefully get through this difficult situation.

Best of luck!

 

[lokyy]

Hi everyone. This morning I was going to visit my boyfriend for the week in Canada. I am from VA and traveled a long way from home only to get denied at the border. I've been to visit him twice already, so I figured it would be fine. Now I'm so confused because the border officer seemed like she had it in for me because I was nervous. I ended up breaking down in tears, which I know seems really stupid but I'm afraid, don't know what to do, and have anxiety problems. I understand why they think I'd try and violate the rules, but I just want to visit.

Please offer me advice. I want to get a hotel and try again tomorrow. Is there any way I could try again today even? Would a train be better than bus?

Also, I don't know whether it's the right move or not but I mentioned common law, which might have been what set them off. The first border officer I spoke with told me you couldn't do the visitor visa thing and then apply common law that way. Was she wrong? I did make it clear this was just a visit, though.

The officer who denied me gave me a checklist of things. She circled some of them and wanted evidence. But it's going to be different for each border officer, it[s so frustrating. I can get some of the evidence she wanted, but I don't have a job, which was also one of the things she wanted proof of and said I couldn't enter without one or something.

I'll just start the topic and add more as I think of it. I am at the bus station now deciding what to do and would appreciate any advice greatly, as I am extremely stressed out. Thanks.


Is there any way I can try again today? Should I try taking a train instead of a bus?

I suggest you not to try again today but if anything,,Could you boyfriend enter with you tomorrow? if they ask you about the prooves of employment and stuff you can say that you dont have it but that YOU HAVE BEEN IN CANADA TWICE and that you have never broken the rules because YOU know the rules,,,their concern is that you might overstay but so far YOU HAVE NOT so, I would tell them that if anything,,,and if they keep being negative just tell the officer ''are you married?'' do think you enjoy seeing your wife-husband everyday? so do I...

 

[keesio]

I suggest you not to try again today but if anything,,Could you boyfriend enter with you tomorrow? if they ask you about the prooves of employment and stuff you can say that you dont have it but that YOU HAVE BEEN IN CANADA TWICE and that you have never broken the rules because YOU know the rules,,,their concern is that you might overstay but so far YOU HAVE NOT so, I would tell them that if anything,,,and if they keep being negative just tell the officer ''are you married?'' do think you enjoy seeing your wife-husband everyday? so do I...

Yes if can show proof that you have visited Canada twice and both times you left on your own - that is actually very good proof since it shows a history you coming to Canada and not overstaying.

But I would not ask the officer if he/she is married. You NEVER want to be sarcastic with the officer. It can only cause you grief.

 

[epmarshall]

Thanks for the responses everyone. Unfortunately, no, I have no job and live at home with my parents at the moment. I've been working on my online business, which I could show proof of, but it's online so it doesn't exactly tie me to the US. What about the fact that my parents are still planning to pick me up on the date I mentioned? Is that relevant at all?

The officer circled the following:

1. Evidence of citizenship. Which I do have
2. Evidence of employment (recent pay stubs, employment ID, current letter from employer, etc.) I'm not employed so I don't have that.
3. Proof of foreign residence (recent rent receipts, copy of mortgage, deed, various utility bills) I live with my parents so I don't know if providing those bills will help anyway.
4. Evidence of financial support (bank statements, savings/checking account, transaction books, income tax forms etc) For this one I could show proof of my funds and could get a notice of support from my boyfriend's parents, since we are staying at their house. My boyfriend's mom also said she would talk to them on the phone.
5. Confirmed means of departure from canada (which I do have, my return tickets)
6.Sufficient funds or adequate arrangements for your intended trip (this mentions letter from canadian host stating they will provide for your financial and medical support) The border officer did mention getting the address and phone number, etc of the people I was staying with
7.Destination in Canada (address, telephone number, name of relative/friend)

Also another stupid thing I did. I accidentally took my boyfriend's phone number out of my folder I was using. So I only had it on my computer, which the officer probably wouldn't accept and I forgot in my anxious flurry. She asked for it and I couldn't provide it and just didn't know what to do in the moment.

Do you think it's possible that if I did try to go back to the border, that I could bring more evidence and explain to them that my anxiety made me fumble a lot last time? I could bring my bank records, my boyfriend's family's letter note thing, and the actual phone number so they could call and speak to my boyfriend's mom.

 

[scylla]

,,,and if they keep being negative just tell the officer ''are you married?'' do think you enjoy seeing your wife-husband everyday? so do I...

Horrible advice. I wouldn't recommend this in a million years. Giving immigration officers attitude is now people end up with exclusion orders. And if you think the OP's situation is complicated now - just think what a 1 year exclusion order from Canada would do.

 

[epmarshall]

I was thinking that my past visits were good proof that I wouldn't overstay. Should I compile the evidence I can of my last two visits and print that off as well?

Will they immediately flag me tomorrow or is there any chance it'll be normal and they will just let me in? I really don't like the thought that I've ruined my chances and it's making me feel horrible. Sorry to whine.

 

[epmarshall]

Also, my boyfriend has not gotten his passport yet, so he can't cross with me at the moment. Please tell me I'm not one of the horror stories and that this can be fixed.

 

[lokyy]

Horrible advice. I wouldn't recommend this in a million years. Giving immigration officers attitude is now people end up with exclusion orders. And if you think the OP's situation is complicated now - just think what a 1 year exclusion order from Canada would do.

its the freaking truth,,,IO think they are the kings because the have an uniform...ive had nothing but good experiences at the border and at the airport(at least with quebecois officers)
its true,,its a bad advice what i gave you,,, because those stupids might ban you from Canada, the country their ancestors stole..what its funny to me is that most officers Ive seen are themselves immigrants(asians,,indians)..

but again,,since youve come to canada several times show them that and buy a RETURN ticket,,that might help you....

 

[keesio]

I was thinking that my past visits were good proof that I wouldn't overstay. Should I compile the evidence I can of my last two visits and print that off as well?

Will they immediately flag me tomorrow or is there any chance it'll be normal and they will just let me in? I really don't like the thought that I've ruined my chances and it's making me feel horrible. Sorry to whine.

Your past visit proof of where you visited and left on your own is really good evidence. Try to show evidence of your entry and exit at the border (passport stamps), some documents that tie you to your time in Canada when you were visiting and tie you to the US when you left Canada (it can be receipts for purchases like your receipt at a US gas station after you left Canada and entered the US to drive home, etc). If you have any e-mails telling people of your current intended plans like "hey I'll be in Canada next week visiting <name> and I'll be back the week after to hang out" then that is good too.

And there is always a chance you can enter tomorrow. But you better be prepared with your evidence and what you will say to the officer.

 

[epmarshall]

Should I be upfront that I got denied entry the day before? Or should I let them bring it up? I feel like just trying to be honest got me nowhere, but obviously you have to be.

 

[epmarshall]

In case it's relevant, they sort of flagged me when I first entered Canada. They kept me longer and made me talk to an officer who decided after a few minutes I was okay to go through.

 

[lokyy]

Should I be upfront that I got denied entry the day before? Or should I let them bring it up? I feel like just trying to be honest got me nowhere, but obviously you have to be.

the officer is going to know if you have been denied or not,,they have a computer in front of them with all your entries and reasons of denial so,,if he-she asks you if youve ever been denied you say YES and quickly respond that your intentions are only to visit your bf and show your retunr tickets,,,stamps on your passport so the officer can see youve come back to usa every time.