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Possible Inadmissibility to the US?

wezhira

Full Member
Mar 14, 2017
22
1
Hi All

I initially came to the US as a visitor then subsequently went through the asylum process via Buffalo/Fort Erie Border into Canada, I only stayed about a week in the states. Fast forward I've been a PR of Canada for a while and have taken a number of international trips with no issues at all.

On my last recent trip, I missed my initial flight out of Canada and had to be reticketed ,however the new ticket was a flight connection through Atlanta going onto my final destination in another continent
.I asked the ticketing attendant if I didn't need a transit visa to go through the states and she advised me that everything was clear and I didn't one. When check-in time came, I checked in my bags etc and mid-way through, the check in attendant alerted me that there was a message on my ticket saying not to allow me to board onto the flight and the attendant had no details but advised me to go and clarify with the US Immigration. Due to time constraints I was then rerouted and proceeded with my trip this time around flying through Europe.

On my way back, the airline was only able to check me in to Europe, and not for my connecting flight from Europe to Canada.When I arrived in Europe, I had to check in again to get a boarding pass to Canada but while checking in, the attendant then informed me that they had to call Canada to get clearance for me to proceed onto the flight. After asking her more about what was happening, she informed me that the flight was flying through US space and I am not permitted to fly through US Space incase any emergency and the flight needs to land anywhere in the US. Again, she advised me to visit local Us Embassy upon arrival In Canada to to clarify the matter and sort it out, I was however let onto the flight and I returned back to Canada with no hassles.

I have travelled to a number of destinations previously and this hasn't been an issue at all so I was left puzzled with regards to what was happening. Has anyone been through the same experience?

I am also wondering if it is that I am now inadmissible to the US or do I have a ban to enter the states due to the way I entered Canada initially even though I did not overstay my US Visa?

If anyone has experienced this or may have any knowledge around this matter, would you please share your knowledge., Thanks!

NB: I did not cross illegally into Canada..I would have gone through a border crossing
 
Last edited:

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi All

I initially came to the US as a visitor then subsequently went through the asylum process via Buffalo/Fort Erie Border into Canada, I only stayed about a week in the states. Fast forward I've been a PR of Canada for almost a year and have taken a number of international trips with no issues at all.

On my last recent trip, I missed my initial flight out of Canada and had to be reticketed ,however the new ticket was a flight connection through Atlanta going onto my final destination in Africa.I asked the ticketing attendant if I didn't need a transit visa to go through the states and she advised me that everything was clear and I didn't one. When check-in time came, I checked in my bags etc and mid-way through, the check in attendant alerted me that there was a message on my ticket saying not to allow me to board onto the flight and the attendant had no details but advised me to go and clarify with the US Immigration. Due to time constraints I was then rerouted and proceeded with my trip this time around flying through Europe.

On my way back, the airline was only able to check me in to Europe, and not for my connecting flight from Europe to Canada.When I arrived in Europe, I had to check in again to get a boarding pass to Canada but while checking in, the attendant then informed me that they had to call Canada to get clearance for me to proceed onto the flight. After asking her more about what was happening, she informed me that the flight was flying through US space and I am not permitted to fly through US Space incase any emergency and the flight needs to land anywhere in the US. Again, she advised me to visit local Us Embassy upon arrival In Canada to to clarify the matter and sort it out, I was however let onto the flight and I returned back to Canada with no hassles.

I have travelled to a number of destinations previously and this hasn't been an issue at all so I was left puzzled with regards to what was happening. Has anyone been through the same experience?

I am also wondering if it is that I am now inadmissible to the US or do I have a ban to enter the states due to the way I entered Canada initially even though I did not overstay my US Visa?

If anyone has experienced this or may have any knowledge around this matter, would you please share your knowledge., Thanks!
You need a valid US visa to transit through the US.

I'm assuming the visa you used to originally enter the US has either expired or been canceled as a result of your refugee claim in Canada.
 
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Copingwithlife

VIP Member
Jul 29, 2018
3,864
1,866
Earth
Hi All

I initially came to the US as a visitor then subsequently went through the asylum process via Buffalo/Fort Erie Border into Canada, I only stayed about a week in the states. Fast forward I've been a PR of Canada for almost a year and have taken a number of international trips with no issues at all.

On my last recent trip, I missed my initial flight out of Canada and had to be reticketed ,however the new ticket was a flight connection through Atlanta going onto my final destination in Africa.I asked the ticketing attendant if I didn't need a transit visa to go through the states and she advised me that everything was clear and I didn't one. When check-in time came, I checked in my bags etc and mid-way through, the check in attendant alerted me that there was a message on my ticket saying not to allow me to board onto the flight and the attendant had no details but advised me to go and clarify with the US Immigration. Due to time constraints I was then rerouted and proceeded with my trip this time around flying through Europe.

On my way back, the airline was only able to check me in to Europe, and not for my connecting flight from Europe to Canada.When I arrived in Europe, I had to check in again to get a boarding pass to Canada but while checking in, the attendant then informed me that they had to call Canada to get clearance for me to proceed onto the flight. After asking her more about what was happening, she informed me that the flight was flying through US space and I am not permitted to fly through US Space incase any emergency and the flight needs to land anywhere in the US. Again, she advised me to visit local Us Embassy upon arrival In Canada to to clarify the matter and sort it out, I was however let onto the flight and I returned back to Canada with no hassles.

I have travelled to a number of destinations previously and this hasn't been an issue at all so I was left puzzled with regards to what was happening. Has anyone been through the same experience?

I am also wondering if it is that I am now inadmissible to the US or do I have a ban to enter the states due to the way I entered Canada initially even though I did not overstay my US Visa?

If anyone has experienced this or may have any knowledge around this matter, would you please share your knowledge., Thanks!
Regardless whether you overstayed in the USA or not , you were not a legitimate visitor to the United States . You used your ability to obtain a US visa with the probable intention of claiming asylum in Canada . In short , you misrepresented your reason in “visiting “, the USA
It’s hardly surprising the United States cancelled the visa you originally held . If you misrepresented your intentions once, they’ll assume you may just do it again . Actions , have consequences, particularly so when obtaining visas to “visit “ countries
Also one of the consequences now is that some individuals in countries in Africa have an EXTREMELY difficult time in obtaining visas to visit the USA, due to past actions by individuals obtaining US visas then claiming asylum in Canada
I’d probably put off any immediate plans to visit our southern neighbours for the time being
As mentioned above , the US used to have a TWOV program, aka Transit without visa . It was cancelled shortly after 9/11 for security reasons , but as well as far too many passengers using the program were disappearing in American airports. In short , it was a fiasco

https://www.cbc.ca/amp/1.4436237
 
Last edited:

Biochemist

Star Member
May 21, 2019
114
55
You are no longer legible to enter the US in transit or visit. You violated the terms of a US non-immigrant visa when you crossed the US border into Canada illegally, you did not leave the US through a proper legal border. USCIS which handles customs has put an alert on your name, as homeland security noticed you have overstayed your stay, or that you left illegally, without having a US border official check you out the country, you just walked into Canada. If you apply for a US visa using your RTD they won't issue your visa, you have to wait until you get your Canadian passport, that way you won't need a visa, and the alert won't come up as you never go to apply for a visa, but maybe when they grab your biometrics when you visit the US as a Canadian the officer may bring up your history, and make you inadmissible again under your new passport based on your history of exiting illegally. even though your Canadian then, you are still the same person that committed the illegal crossing, or they wave you through and it doesn't come up. For now however there's no chance unfortunately.

However for people that left the US properly and entered Canada with a visa and claimed asylum, they have received US visas, and visited with no issue on an RTD passport.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
You are no longer legible to enter the US in transit or visit. You violated the terms of a US non-immigrant visa when you crossed the US border into Canada illegally, you did not leave the US through a proper legal border. USCIS which handles customs has put an alert on your name, as homeland security noticed you have overstayed your stay, or that you left illegally, without having a US border official check you out the country, you just walked into Canada. If you apply for a US visa using your RTD they won't issue your visa, you have to wait until you get your Canadian passport, that way you won't need a visa, and the alert won't come up as you never go to apply for a visa, but maybe when they grab your biometrics when you visit the US as a Canadian the officer may bring up your history, and make you inadmissible again under your new passport based on your history of exiting illegally. even though your Canadian then, you are still the same person that committed the illegal crossing, or they wave you through and it doesn't come up. For now however there's no chance unfortunately.

However for people that left the US properly and entered Canada with a visa and claimed asylum, they have received US visas, and visited with no issue on an RTD passport.
I believe the OP claimed asylum at a border crossing rather than through an illegal crossing into Canada.
 

wezhira

Full Member
Mar 14, 2017
22
1
I believe the OP claimed asylum at a border crossing rather than through an illegal crossing into Canada.
Correct, I didn't cross illegally into Canada.. I exited through US border and claimed at a Canadian Border.
 

wezhira

Full Member
Mar 14, 2017
22
1
You need a valid US visa to transit through the US.

I'm assuming the visa you used to originally enter the US has either expired or been canceled as a result of your refugee claim in Canada.

It did expire or may have been cancelled as you mentioned..The Check -In attendant said to me that I did not need a transit visa using an RTD, I clearly asked her this and requested her to confirm on their system which she did right in front of me, otherwise I wouldn't have been reticketed onto a flight that transits through the states.
 

wezhira

Full Member
Mar 14, 2017
22
1
You are no longer legible to enter the US in transit or visit. You violated the terms of a US non-immigrant visa when you crossed the US border into Canada illegally, you did not leave the US through a proper legal border. USCIS which handles customs has put an alert on your name, as homeland security noticed you have overstayed your stay, or that you left illegally, without having a US border official check you out the country, you just walked into Canada. If you apply for a US visa using your RTD they won't issue your visa, you have to wait until you get your Canadian passport, that way you won't need a visa, and the alert won't come up as you never go to apply for a visa, but maybe when they grab your biometrics when you visit the US as a Canadian the officer may bring up your history, and make you inadmissible again under your new passport based on your history of exiting illegally. even though your Canadian then, you are still the same person that committed the illegal crossing, or they wave you through and it doesn't come up. For now however there's no chance unfortunately.

However for people that left the US properly and entered Canada with a visa and claimed asylum, they have received US visas, and visited with no issue on an RTD passport.
I didn't cross into Canada illegally, as mentioned above I went through the US Border in Buffalo
 

scylla

VIP Member
Jun 8, 2010
92,538
20,358
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
It did expire or may have been cancelled as you mentioned..The Check -In attendant said to me that I did not need a transit visa using an RTD, I clearly asked her this and requested her to confirm on their system which she did right in front of me, otherwise I wouldn't have been reticketed onto a flight that transits through the states.
You needed a transit visa. An RTD does not entitle you to travel to or through the US without a visa.
 

wezhira

Full Member
Mar 14, 2017
22
1
OP it'd be best to just apply for a US visa when you're free then!
So I should just apply and see how it goes? I am also happy just to wait till I get citizenship I guess given sometimes you go through a bit of some hustles with RTD