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Use US Visitor Visa OR Administrative Refusal for Landing?

iCanadaVisa

Star Member
Apr 30, 2015
70
2
I know from other topics that an interesting debate was going on whether to use of 'Administrative Refusal' (AR) for landing won't impact in your future US immigration/visits or NOT. US immigration officer suggested to use the visitor visa rather 'AR' as it reduces the paper work.
I am looking for the seniors inputs on whether to use 'Visitor Visa' or 'AR' in case you have US visa on hand.
 

Poojaree

Full Member
Apr 29, 2015
28
4
Go to Hong Kong and come back - much easier and enjoy good food when there.


iCanadaVisa said:
I know from other topics that an interesting debate was going on whether to use of 'Administrative Refusal' (AR) for landing won't impact in your future US immigration/visits or NOT. US immigration officer suggested to use the visitor visa rather 'AR' as it reduces the paper work.
I am looking for the seniors inputs on whether to use 'Visitor Visa' or 'AR' in case you have US visa on hand.
 

Nick666

Star Member
Jun 29, 2015
81
7
People go for flag poling because it is their last chance (e.g. No time to get a visa, saving, or home country is too far...)
If you have a visa, why not use it?

Administrative Refusal remains in system forever, and you have to tick it and explain it with every application that asks you.
US visa form specifically, mentions that in form.

Another risk is that sometimes at border they might give you "withdraw application" form by mistake. (happened to one person I know)
And next time they will bug you about it, if you do not explain the reason beforehand.

Even for withdrawing, they will tell you it will not affect your future applications... but you know the truth....
 

iCanadaVisa

Star Member
Apr 30, 2015
70
2
Nick666 said:
People go for flag poling because it is their last chance (e.g. No time to get a visa, saving, or home country is too far...)
If you have a visa, why not use it?

Administrative Refusal remains in system forever, and you have to tick it and explain it with every application that asks you.
US visa form specifically, mentions that in form.

Another risk is that sometimes at border they might give you "withdraw application" form by mistake. (happened to one person I know)
And next time they will bug you about it, if you do not explain the reason beforehand.

Even for withdrawing, they will tell you it will not affect your future applications... but you know the truth....
Thank you Nick666.
 

Tonimir

Hero Member
Oct 6, 2014
236
62
Toronto
Nick666 said:
Administrative Refusal remains in system forever, and you have to tick it and explain it with every application that asks you.
US visa form specifically, mentions that in form.
Allow me to correct you. Flag Poling is not Rejection/Refusal for Entry.
"Flag Poling" is that you request voluntarily NOT to enter the country.
Both things are different.

And No. You don't have to mention or "tick YES and explain" for any refusals of entry.

Keep in mind, that the US Officer on the border always asks for the reason of your visit (arrival at the border) , in this case, you have to mention that is because you are attempting to do Canadian PR Landing. At this point, he has the decision what to do.

Last June I did my landing, I also have a US visa in my Passport, but the officer right away called for a "Flag Pole" request as he told me, that for PR Landing this is the routine procedure. When I was handed the paper for the "administrative refusal" , I asked if I have to declare this refusal in the future, I was told No.

Add to all the mentioned about that on the Canadian side, some officers from what I've seen in other topics, they ask for the document, when you are doing landing via US/CA land border.

IMO, for PR Landing via car , a "Flag Pole" for Landing is recommended. (no matter of what Nationality or VISA you have in your passport)

Peace ;D
 

Nick666

Star Member
Jun 29, 2015
81
7
Tonimir said:
Allow me to correct you. Flag Poling is not Rejection/Refusal for Entry.
"Flag Poling" is that you request voluntarily NOT to enter the country.
Both things are different.

And No. You don't have to mention or "tick YES and explain" for any refusals of entry.

Keep in mind, that the US Officer on the border always asks for the reason of your visit (arrival at the border) , in this case, you have to mention that is because you are attempting to do Canadian PR Landing. At this point, he has the decision what to do.

Last June I did my landing, I also have a US visa in my Passport, but the officer right away called for a "Flag Pole" request as he told me, that for PR Landing this is the routine procedure. When I was handed the paper for the "administrative refusal" , I asked if I have to declare this refusal in the future, I was told No.

Add to all the mentioned about that on the Canadian side, some officers from what I've seen in other topics, they ask for the document, when you are doing landing via US/CA land border.

IMO, for PR Landing via car , a "Flag Pole" for Landing is recommended. (no matter of what Nationality or VISA you have in your passport)

Peace ;D
At US border, you can be rejected or refused in 3 ways:
1- Visa rejection or cancellation
2- Withdrawal of entry
3- Administrative Refusal (Under various US law sections)

Flag Poling is NOT a refusal of visa, and is NOT Withdrawal, it is an "Administrative Refusal".
One example (other than flag poling) for administrative refusal is, when everything is correct for entry, but they require one extra document as proof at border which you don't have with you.
So you can go back home, bring the document and continue with your travel with no issue. (it is the safest type of refusal)
The problem with administrative refusal is that they will enter it into the system. If it wasn't there, then you were right and we had zero concern.

Canadian immigration forms, never ask anything about Administrative Refusal (#3), but US VISA forms specifically have that word which is the annoying part (all 3).
Your flag polling form has the title of "Administrative Refusal".

Remember, even a "withdrawal" of entry is voluntary returning, and officers at border tells you that voluntarily signing this will not affect your future travels!!
It is for legal purposes.
Otherwise they have to go through a time-consuming process with enough proof.


Suggestion:
If you have a visa, don't tell them about flag polling, just go for vacation for some time and land on return.
If you are not on a plane, then they won't use your visa by saying the purpose of travel as flag polling. Your purpose must be tourism!
 

Nick666

Star Member
Jun 29, 2015
81
7
One more thing, if someone is accompanying you at border (even visa-exempt), they won't give them Administrative Refusal, they will issue "withdrawal" form to those individuals accompanying you.
So if you decided to do flag polling, do it alone to be safe.
 

canuck_in_uk

VIP Member
May 4, 2012
31,553
7,205
Visa Office......
London
App. Filed.......
06/12
An administrative refusal is not an actual refusal and DOES NOT need to be mentioned on any future US visa applications. This has been confirmed numerous times by US CBP.
 
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iCanadaVisa

Star Member
Apr 30, 2015
70
2
Nick666 said:
At US border, you can be rejected or refused in 3 ways:
1- Visa rejection or cancellation
2- Withdrawal of entry
3- Administrative Refusal (Under various US law sections)
Thanks for your detailed inputs. People might agree or not, but definitely it is useful. +Good.
 
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rohit04

Full Member
Jun 18, 2014
37
2
41
iCanadaVisa said:
I know from other topics that an interesting debate was going on whether to use of 'Administrative Refusal' (AR) for landing won't impact in your future US immigration/visits or NOT. US immigration officer suggested to use the visitor visa rather 'AR' as it reduces the paper work.
I am looking for the seniors inputs on whether to use 'Visitor Visa' or 'AR' in case you have US visa on hand.
I did my landing on 13-Aug at Fort Erie Border. I was in the same dilemma as you are.
When the US CBP official asked me what was the reason for my visit, I told him that we recently became PR and are here to activate our confirmation of Permanent Residency.
He asked me if I wanted to go into the US or would just turn around and go back into the Canadian side.
I asked him if an admin refusal would affect my Visa application to US in future, he said he wouldn't know. The record would be entered in the system and it would be on the discretion of the person evaluating the application.
So I went to Buffalo spent a couple of hours shopping at Walden Galleria and completed the landing formalities on the way back.
 

tdot_guy

Hero Member
Nov 6, 2013
306
7
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Unbelievable how some people dont know the right thing and they are willing to give wrong information.I HAVE A US VISA AND STILL DID FLAG POLING AT US BORDER. It is not a refusal of any sort , instead its you not choosing to cross. In my case the US officer himself told me u dont need to show your visa , just gave me a paper with my name on it and thats it. if its easy for you o go to the border then I'll recommend you do that.
 
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