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Question - Denied Entry to US to flagpole

Discussion in 'Family Class Sponsorship' started by canbrit, Jan 8, 2010.

  1. I read another thread about flagpole landing and how you are denied entry to US but that it has no effect on future trips. This is what happened to my husband, we were told he was "denied entry" for the purposes of processing his residency in Canada. The US official said it was so that if Canada found something was missing in terms of documentation they had to keep him in Canada. He told us it would have no effect on future travel and that we could try to cross the next day and everything would be fine. He did say, however, that if we were ever asked if he was denied entry, we would have to say yes and explain. He gave us a form we had to give to the Canada official when he went to land.

    I was ok with all of this at the time, but we now need to travel to the US for a wedding (in a few months) by car. Since he is from the UK he is from a Visa Exempt Country. However, I found a website that has a wizard that does the analysis: http://www.consular.canada.usembassy.gov/ . One question is "Have you ever been denied entry into the United States?". If I answer "yes" it says he needs a visa to travel to the US. If I answer "no" he doesn't and would just need to fill out a Form I-94W at the border (which I also know asks if you've been denied entry). I am wondering if this "technical" process where they had to deny entry constitutes a yes or no answer to this question.

    I know that to fly to the US he would need to apply through Electronic System for Travel Authorization (ESTA) https://esta.cbp.dhs.gov/esta/esta.html?_flowExecutionKey=_c81BB7D95-9A42-6DF7-3273-92F24FB7A92B_kBC9F28E2-BB34-9B8B-58CC-5C4C8A02EBBF, where it says if you've been denied entry before it's almost 100% the ESTA application won't be approved.

    If he does need a visa, we will need to apply and make an appointment, but will also need a copy of the incident report, which I'm also not sure how to get.

    We are concerned. Any advice in terms of this? We don't want to get to the border for the wedding and be denied because we've missed something. I've also read about getting an entry waiver. But since the "denial" wasn't for a reason, really.
     
  2. I had two of those; they are called "administrative denials" and do not pose an issue with entry. I've entered numerous times under the visa-waiver program after that, and had two I-94Ws. It's nothing to worry about. :)
     
  3. Karlshammar,

    Thank you, this is a relief. By the way, do you have a copy of the administrative denial? Was yours also to process permanent residency by flagpoling? I assume then, when it asks if he has been denied entry (either for purposes for ESTA or Visa) he would say NO? The US official told us we would say YES if asked by officials, but not sure that is the same as answering YES for ESTA and VISA purposes.

    We're hoping we can just drive to the border and get I-94W.
     
  4. If my bf was to travel with me to my home in the States, does he need to apply for anything?
    He is a natural born Canadian citizen and more than likely if he is allowed to will at least stay for 4-5 months.

    Thanks for any advice.
    I know that he didn't apply for anything the first time he visited me but I still want to make sure we take the appropriate steps if or when he comes home with me.
     
  5. Interesting topic as my husband was denied entry to the US in April. Entirely different reason though. I had not thought much about the process of trying to come back. I-94W... I'll have to look into that now.
     
  6. If anyone has any insight, that would be great.

    I basically want to know how to travel to the US with a permanent resident (British Citizen) if we did the falgpole process and therefore he received a technical "denial of entry to the US". When driving or flying, what is required?

    I have read if you have been denied you would therefore need to get a Visa (eventhough he is from a visa exempt country). Does he just need to fill out a Form I-94W at the border, or does he actually have to apply for a visa. Same question for Electronic System for Travel Authorization (ESTA), would he say YES that he has been denied entry? I thought I read that it was just technhical and would not affect any future travel.
     
  7. Couldn't you just call the US embassy or the closest consulate and ask?
     
  8. I believe it would cost about $2 a minute to call. I also heard that they will just repeat what is online, which says you will need a visa even if you are from a visa waived country if you have every been rejected. However, the circumstances of the rejection are a bit different. I hoped to confirm from someone in the same situation what they have done in this case. I'm not saying I won't call, but I thought I'd probably get better advice here.
     
  9. are you in Canada now? why not to go there personally?
     
  10. No, they never gave me a copy. They just gave me a sheet of paper to prove that I had been there, which I handed in to the Canadian officers when I went back to get my status.

    When I drove to the border and got my I-94Ws I mentioned my administrative refusals when he asked, and he was like "Yeah, yeah, I know, it's no problem" and that was it.

     
  11. UPDATE:

    My husband and I drove to the US on Friday for a wedding. When we went to get the I-94 and got to the question about whether he'd been denied entry, we explained about when he landed, and the guy said "yes, flagpole, put No to the question" and I asked if he would do the same for ESTA when flying, and he said yes. He did say we did the right thing by asking what we should answer. So as everyone on here said, it is not a problem.

    Only last question I have, is when we drove back to Canada, they did not take his I-94 that was stapled in his password. It is valid for 3 months, and there is the possiblity we may go back. However, is it safest to mail it back in and apply if needed, or are we ok to keep it fora while and send it back if we decide not to go back to the US?
     
  12. The Canadians will take it from you when you enter Canada, but usually only if you ask them to. If not, you can either return it on your next trip (provided it's before it expires) or mail it in with proof that you left the U.S. (don't mail it in without proof).

     
  13. I think u can post it back to the US immigrtion if the canadains didnt take it, or you can send it back to the border if you hav a chance, , from what i read it they dont take and u dont give it back, it becomes a problem you go back as it might seems you didnt leave the country and maybe left at a later date.

    get a clear answer from a senior most person ok..
     

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