Refused entry from Canada to US, how do I show stronger ties?

[nevillek]

Hi guys,

I know this is more related to Canada, but I was recently denied entry from Canadian border to USA and would really appreciate any advice from experts here.

Here's my background:

- Originally from India
- Came to Canada in 2013 for my Masters
- Currently on a 3-year post-grad work permit (Oct 2015-Oct 2018) living in Canada
- Father has working in US since 11 years and got citizenship last December
- I have a 10 year US visa and have visited my father several times in the past, including a 2 1/2 month trip last year after finishing my graduation
- I also crossed the border (by land) multiple times in the past to visit a casino in a neighbouring US city without any issues

Last week, I tried crossing the Can-US border for a 1 week trip to Vegas followed by a 2-3 month visit to my father, and was denied entry after a series of questions:

The officer asked me where I was staying in Canada. I truthfully answered that my lease was over as I did not want to pay unnecessary rent for the months I wouldn't be staying in Canada (unlike last year when I was paying $800/mo for a vacant apt for 3 months).

She then asked me when I was planning to return to Canada. Since I didn't know about my exact dates as I was planning to visit India after the US trip, I said I'm not sure, maybe Jan or Feb.

She also asked about return tickets but I didn't have any as I wasn't sure of my exact return dates.

She then asked about my luggage/furniture and I said I had everything with me and had sold the remaining items.

She then asked if my father had applied for my GC, and I said yes. (I would anyway get that after 8 years even it was approved) She also asked if he had scheduled any job interviews for me (obviously not).


After all these questions, she told me that she was not satisfied that I would leave the US or even go to India. This was very strange to me as I had just travelled a week ago to the casino in the neigbouring city. She pointed out the difference in the two trips stating that the previous trip was only for a day and to a casino, unlike this one. She then gave me a paper stating the inadmissibility and a checklist of documents to carry on my next entry attempt to satisfy a CBP officer of my status/intentions:

- Evidence of Foreign Residence
- Evidence of Financial Ability
- Sufficient Funds
- Confirm Return Tickets

(She didn't put a checkmark on "Evidence of Employment".)

She told me I could come back the same day if I wanted. It all depended on if I could satisfy the officer that I would return to Canada.

I returned back to Canada (homeless) and had to find a new room to rent the same day. I also got a 6-month lease for the same.

Based on all of the above information, do you guys think I can try going back next month? I would have all the above documents. But no job, and also my GC application would still be in process. I don't plan on getting a job right now only because I cannot take a 3-month vacation on my first job. What do you guys suggest? Is there a chance I'll get refused again because of my pending GC application or lack of employment? How do I tackle this situation?

Main thing is I have to show super strong ties to Canada, but will the above documents be enough? What else can I show? I have an express entry profile for Canadian PR but haven't got an invitation to apply yet so not sure if that would help.

 

[Regina]

Currently on a 3-year post-grad work permit (Oct 2015-Oct 2018) living in Canada

But not working?

NOTHING in CANADA to come back.
Being in immigration process to US.

I am surprised you are supersized with refusal. ;D

I returned back to Canada (homeless) and had to find a new room to rent the same day. I also got a 6-month lease for the same.

Get a GOOD job. Wait three months , go to visit your father for a week or two (if they agree at work), have a RETURN ticket. being on WORK permit in Canada you are supposed to WORK in Canada and not hanging around, going for two months here... for three months there... not knowing when you leave USA... if you go to India.. if you ever go back to Canada...

 

[Gary27]

Hi There,

Even though, I have sympathy for you but if I put myself in Immigration officer's shoes, I would have denied your entry into US as well. The reason is that even though your answers are truthful but on first hand, it gets perceived as that you are breaking all ties with Canada and "trying" to move to US permanently. There should be a strong reason for entering in any Country with specific dates of returning which is missing as well.

 

[Tara]

Unfortunately none of your answers/circumstances supports your claim of Non immigration intent visitor. All of them supports the fact that sooner or later you will be an immigrant to USA. Since you were using Visitor visa, for which the must have criteria is to show non immigration intent. This puts you in conflict with your ongoing immigration petition. I am not at all surprised at the denial.

You can still visit USA on a visitor visa while your Green Card is under processing, but you need to show very strong evidences to go back to your base after your vacations. You need to show that you have life outside USA. Get a job, work, build work history, get apartment, show something you can go back to.