USA visas for Muslims visa-exempted permeant residents in Canada

[dabas]

I am a dual national of a visa-exempted country in Europe and Middle Eastern Muslim majority country which is not banned by USA. I fear the risk of being deported on arrival to USA port without a visa even though my passport is visa-exempted. Would members who applied for USA visa share their experience about applying for USA visit or business visas please?
With a USA visa, am I still running the risk of being deported?
Is it possible to obtain the visa at all without vaild PR card i.e on the back of my lading document?
I have just accumulated 730 days and my PR card expired and I have not yet applied for PR card and I need to visit the USA and come back by private vechile.
Kindly share what you know and let me know your opinion please!

 

[evdm]

You say you are a European Citizen who is visa-exempt for the US. That is all that should matter; though there's any one of many reasons that you encounter a border guard who is having a bad day.

You are also a PR of Canada. Your travel document may be expired, but you are still a PR.

In my personal and non-legal opinion you would arouse more suspicion by applying for a visa when you don't need one. The only thing you would have to apply for is an ESTA with your VWP passport. Once you are approved for that, I would say that it should be sufficient to enter the US.

I would, however, strongly suggest that you make clear to the US border guards that you intend on leaving the US. Because you don't have an onward plane ticket or commercial ticket to Canada they may ask to see your rental agreement and how you are going to get to the border. For example, don't land in Miami without being able to show that you have onward travel to somewhere closer to the Canadian Border. They may very well question this approach, to which you can say that you have to cross a land border to enter. Don't volunteer information, but be truthful in your answers to their questions.

The US border guard likely will ask you for your status in Canada, to which you can safely reply Permanent Resident. If they then ask for proof, show them your landing document.

If you have accumulated 730 days in Canada in the last 5 years then there should be no question to your status. Unfortunately you don't have a valid travel document, but as a PR you have the same right to be in Canada as a Canadian Citizen. This is different for US green-card holders in the US, so a US CBP officer may not be familiar with the concept; but in essence you are not doing anything wrong. Keep it simple, and stick to the truth.

That's my 2¢

 

[evdm]

I'd also like to add, have you been to the US at all in the last 8 years on your European Passport with an ESTA?

Try going through an airport port of entry that has the APC kiosks which are open to VWP nationals.

 

[Bs65]

Just to add that of course even if the OP goes to the potentially unecessary trouble of getting a US visa it still does not provide a guarantee of entering the US no more really than being visa exempt other than I guess having been to a degree being pre screened and interviewed for the visa application.

Ultimately the decision to allow someone to enter the US still rests with US CBP at the border.

 

[dabas]

Theoretically, I should not have issues but in current circumstances and stories of visa-exempt passport holders of Middle Eastern place of birth and Muslims being denied entry even when they have USA visas, the EU passport is not given the weight it used to have. They look more at place of birth, name an religion unless the news stories are not representative of what is going on.
Otherwise as the kind members replied, I should only have valid ESTA and fly. I read frightening stories of Canadians Muslims being returned back, a UK couple who have even had 10 years visa to USA were returned being of Turkish origin and Muslims.
In this tread, I hope to hear from other members confirming or disproving my worries. I do not want end-up with a Stamp on my passport that I was deported back which may prejudice my future application to citizenship of Canada.
I also want to add that four years ago, I entered USA with a valid visa on my Middle Eastern passport, they allowed me in for the period planned as on my onward flight to Canada but they cancelled the visa. would it make a difference when I enter now with an EU passport, I do not think so as I have to declare the previous incident of having a visa cancelled on my Midlle-Eastern passport.

 

[Bs65]

Others can comment but even if you were unfortunate enough to just be refused entry to the US it should have zero impact on any citizenship application.

Seems just a fact of life since begin 2017 the US have become even more paranoid about who they let in, personally I am of the view that other countries should reciprocate after all that only seems fair