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TRP at Port of Entry

katty333

Member
Nov 20, 2018
10
0
Do you have to be American to apply at the border? Planning to have my partner from France fly to the States and apply at the border. But all immigration lawyer websites refer to Americans doing this.
 

Bs65

VIP Member
Mar 22, 2016
13,190
2,419
I have no more of an insight than you but
The possible reason is Americans or at least Green Card holders only is likely due to the fact there is no guarantee that should an application for a TRP fail then only Americans and Green Card holders are guaranteed to be allowed back into the US, any other nationality would not have have that.

Also in the first instance actually getting into the US in the first place should not be underestimated if planning to not arrive without a return ticket or with sole intention of heading to Canada border to apply for entry given US and Canada do share some immigration information and trps can indicate a previous level of inadmissability
 
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Bornlucky

Hero Member
May 15, 2018
610
467
Do you have to be American to apply at the border? Planning to have my partner from France fly to the States and apply at the border. But all immigration lawyer websites refer to Americans doing this.
There is a potential, should the TRP be refused by the Canadians, that the person will then have to turn about and be screened again by the Americans for re-entry into the USA.

So immediately upon being refused entry into Canada the Americans will then want to know more about the person and what their purpose for being in the USA actually is - to get into Canada won't be a satisfying response.

Citizens of the USA in the same situation aren't caught in "no-man's land," unable to enter Canada or return to the USA, and so this could equal detention by the USA for any other foreign national because there's no other option.

You could look at Saint Pierre and Miquelon for a contiguous Canada/France border, but really there is a risk to not applying through the Canadian Consulate for the TRP because this could also lead to a refusal and what happens if neither the USA or Canada will readmit the person?

I don't know if you can get out of Saint Pierre and Miquelon without going through either the US or Canada so it could also be a literal dead end. People can try to beat the system but then again, without knowing all of the possible outcomes, the system offers significant reasons to simply follow more predictable paths like applying from where you live.

Who wants to be locked up in an ICE detention center?