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210045803

Star Member
Dec 28, 2010
107
1
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
February 3, 2011
AOR Received.
March 9, 2011
Passport Req..
24-05-2013
Hello there a while back my wife got flagged and denied entry when we were going from Canada to the USA for lack of ties to return to Canada.

Since then she visited me a couple times. During one of the visits they put a date that she had to return by (a few days after her return ticket which wasn't a problem because she wasn't trying to move here).

Another time they questioned her a lot but didn't put a date that she had to return by...during this time we went on a cruise and when everyone was swiping their cruise card to enter into the USA she was flagged and pulled aside. I went with her and they thought she lived in the USA. I had to explain she was visiting.

Anyways, my question is when I get my Canadian PR will they unflag her. It is annoying always getting pulled aside for something which isn't true (her trying to move to the states). I want to visit my family in the USA when I get my Canadian PR and bring her with me every so often but hate always being pulled into secondary because of her being flagged...
I asked the IO if me getting Canadian PR would unflag her she said she could put a note on there after but she didn't really say she could be unflagged...makes me feel like this is going to be a problem forever because of one IO who was so sure she was trying to move to the USA and flagged her.
 
Somehow, I imagine that you getting your PR (in Canada) and establishing your residence (together) in Canada will help, but you'll probably have to deal with secondary inspections for a while. They'll just become easier. :)

If you both get NEXUS, that might help also -- you'll have to do a rigorous interview, but hopefully then it'll be done.
 
Regardless of whether or not you have Canadian PR, you are still a US citizen and you always have the right to go home to live. So, entering the USA at any time with your Canadian wife in tow, they're likely to harass her because you might be moving back and taking her with you. The bottom line is that she is always going to be a foreign national to the US, and so - in order to be admitted - she needs to prove that she does not intend to remain in the US for longer than she is allowed to on any visit. Just like US citizens coming this way, she'll need to be able to show them that she has "ties" to Canada - a job, a home, etc. It may or may not become easier as time goes by - but with you now being a Canadian PR, it's likely when the two of you do go home to the US to visit your family, you'll also have proof of your Canadian status, a job in Canada that you intend to go back to, and a home the two of you share. You, of course, won't be required to produce all of that, but if she gets hauled aside, it should help demonstrate to the US officer that your wife is not intending to remain in the United States . . . because the two of you have a life together in Canada.

The NEXUS card is a good idea, too. I think hubby and I will apply for one, now that our PR has been finalized, because we live only 3 hours from the border and I hope to be making lots of trips home from here on out.
 
NEXUS is $25 per person i think :P
 
mustangv6 said:
NEXUS is $25 per person i think :P

will the nexus remove the flag? Like for example when we went on the cruise there was somekind of a flag that made her be pulled aside when we re-entered the usa even though we left from usa (Florida).
 
210045803 said:
will the nexus remove the flag? Like for example when we went on the cruise there was somekind of a flag that made her be pulled aside when we re-entered the usa even though we left from usa (Florida).

I'm not sure if/when the flag will ever fall off, though obviously with more time, it should result in less scrutiny. The NEXUS system doesn't guarantee entry. If you manage to get NEXUS, but are otherwise flagged while using it, it may result in you being sent to secondary inspection either way.
 
Nexus is $50 for 5 years. The Nexus card allows you to bypass the normal immigration line - and instead, have your irises scanned and answer a bunch of questions through a computer. Once in a while you're sent to speak with an actual immigration agent in person (they randomly select a certain percentage for the in person interview). However most of the time the computer just spits out a card which you hand to the officer as you exit the immigration hall. It's the best.

Keep in mind that you have to go through a whole screening process (both on the Canadian and US side) in order to qualify for a Nexus card. I have no idea what they look for during this screening process. However I have heard that people are sometimes rejected. Not sure what will happen if someone is already flagged.

Once you are approved on paper, you then have to go through two interviews in person (once again, Canadian and US). Mine were a breeze. I think I was asked one question by the Canadian officer and I don't even remember what it was (I'm Canadian). The US officer asked me if I travel to the US for business. I said no. Then he asked if I travel to the US multiple times per month. I again said no. Then he asked me why I wanted a Nexus card. I told him that I was sick of seeing my then boyfriend (now husband) zip past the immigration line with his Nexus card while I had to wait - and I wanted in on the action.

One of the best investments I have ever made.
 
210045803 said:
Hello there a while back my wife got flagged and denied entry when we were going from Canada to the USA for lack of ties to return to Canada.

Since then she visited me a couple times. During one of the visits they put a date that she had to return by (a few days after her return ticket which wasn't a problem because she wasn't trying to move here).

Another time they questioned her a lot but didn't put a date that she had to return by...during this time we went on a cruise and when everyone was swiping their cruise card to enter into the USA she was flagged and pulled aside. I went with her and they thought she lived in the USA. I had to explain she was visiting.

Anyways, my question is when I get my Canadian PR will they unflag her. It is annoying always getting pulled aside for something which isn't true (her trying to move to the states). I want to visit my family in the USA when I get my Canadian PR and bring her with me every so often but hate always being pulled into secondary because of her being flagged...
I asked the IO if me getting Canadian PR would unflag her she said she could put a note on there after but she didn't really say she could be unflagged...makes me feel like this is going to be a problem forever because of one IO who was so sure she was trying to move to the USA and flagged her.

can u please update me what happens once u receive ur pr card my husband was in the same boat
 
I do not think getting Canadian PR will take that away on the US side. There is still a threat in their eyes that you will just stay. I have a friend that was flagged on the US side also and now she has her Canadian Citizenship for her husband yet they still get grilled for hours when they try to cross. It may make it easier to cross since you can prove you both have a life in Canada but look at those of us that come to "visit" Canada and have a "life" back in the US. It is a two way street at the border and the US is far tougher in terms of entry and risk of overstay.