Flagpole ! Effect on PR

[Thunderboy007]

I am in a dicey situation...Anybody has same experience or have knowledge kindly share.

I was on study permit in Canada during 2018 and to convert it into work permit, I did flagpole at the US-Canada border in 2018. I did not have US visitor visa back then.

In 2019, I got US visitor visa and been to the US once(in 2020) that too inside the airport terminal due to missed flight and catching up another one.

I checked on i94 records, it has both flagpole records and the second entry I made in 2020 in the USA.

Problem.......I have got email from the US embassy today that they found something about me that may deem myself inadmissable into the US. And asked me to appear for an interview in 5 days at the US consulate.

Concern....
1. Can they revoke my US visitor visa?
2. Is flagpoling legal and acceptable even if you don't have US visior visa?
3. Will this whole scenario complicate my ongoing Canadian PR file which I applied in December 2020?

@legalfalcon ...if you can please shade a light I would appreciate it. Thanks in advance.

 

[Thunderboy007]

@legalfalcon .....SOS.... anyway you can share your precious knowledge would make significant difference. Please let me know your thoughts....

 

[scylla]

I am in a dicey situation...Anybody has same experience or have knowledge kindly share.

I was on study permit in Canada during 2018 and to convert it into work permit, I did flagpole at the US-Canada border in 2018. I did not have US visitor visa back then.

In 2019, I got US visitor visa and been to the US once(in 2020) that too inside the airport terminal due to missed flight and catching up another one.

I checked on i94 records, it has both flagpole records and the second entry I made in 2020 in the USA.

Problem.......I have got email from the US embassy today that they found something about me that may deem myself inadmissable into the US. And asked me to appear for an interview in 5 days at the US consulate.

Concern....
1. Can they revoke my US visitor visa?
2. Is flagpoling legal and acceptable even if you don't have US visior visa?
3. Will this whole scenario complicate my ongoing Canadian PR file which I applied in December 2020?

@legalfalcon ...if you can please shade a light I would appreciate it. Thanks in advance.

1. You need to ask this question on a US forum. But the short answer to this question is yes, they can revoke your US visitor visa.
2. Yes.
3. No, it should not.

 

[legalfalcon]

I am in a dicey situation...Anybody has same experience or have knowledge kindly share.

I was on study permit in Canada during 2018 and to convert it into work permit, I did flagpole at the US-Canada border in 2018. I did not have US visitor visa back then.

In 2019, I got US visitor visa and been to the US once(in 2020) that too inside the airport terminal due to missed flight and catching up another one.

I checked on i94 records, it has both flagpole records and the second entry I made in 2020 in the USA.

Problem.......I have got email from the US embassy today that they found something about me that may deem myself inadmissable into the US. And asked me to appear for an interview in 5 days at the US consulate.

Concern....
1. Can they revoke my US visitor visa?
2. Is flagpoling legal and acceptable even if you don't have US visior visa?
3. Will this whole scenario complicate my ongoing Canadian PR file which I applied in December 2020?

@legalfalcon ...if you can please shade a light I would appreciate it. Thanks in advance.

The email you are referring to looks suspicious. US embassy does not usually send out such emails. If one was send, which may be possible due to COVID, instead of seeing your a notice under the INA, and your admissibility is determined by the Immigration Board, or when entering at the Port of entry by a CBP officer.

As regards, flagpole, first off there is no such thing as flagpole. When you went to the US border but turned around, you simply withdrew your application to enter, and thus there was no refusal. This is called administrative refusal, where the person withdraws their application to enter.

An administrative refusal is you withdrawing your application to enter US. It is not a visa refusal and neither is it a refusal. Also, you were not fingerprinted, nor were you subject to admission examination.

A US visa refusal, even if it happens, has no impact on your Canadian PR, unless you committed a crime, an immigration fraud etc.

So check with US consulate. Any notice that is sent by USCIS or CBP, will clearly list the section you may have violated, the action that will be taken as well as your rights to challenge it.

It never says "something" suspicious.

 

[Thunderboy007]

@scylla and @legalfalcon ....Thanks a lot. Really appreciate your inputs.