A Canadian citizen with J1 and border issue needs help

[usmlehp]

I am really worried about a case that happened last week at the border. I am a Canadian Citizen applying for a J-1 visa to start a residency job next month. Last week I wanted to cross the border to search for a house to rent. I had no problems with my last trips.
In my interview, In response to why I am going to US , I showed my job contract that was sent to my address in US when I was on a visitor visa (As a Canadian Citizen, I guess it means B1/B2). He noticed the address and said I had no right to have any residence in US. I told him, that’s the hotel address that I lived and he can verify it on the Internet. I used my hotel’s address to receive job contracts from my job interviews. He asked me how long I was there, and I answered 3 months and he asked what I was doing there, I said I did 1.5 month clinical observership. He told me that I have no right to do so. I told him it was not a paid job; it was just shadowing the doctors and just listening. As far as I know (May be I am wrong) I am allowed to do job interviews and observerships on visitor visa.
The officer told me, the last time I crossed the border, I did not tell them that I am going for this clinical observership and told the officer that we were going for pleasure. He told me I lied and deceived the officer as my intent was different. Then he refused my entry after fingerprinting and special registration…
I was so shocked that I completely forgot to tell the officer that our intent (my wife and I) was genuinely pleasure and visiting friends but after 1 month while I was in US I found this observership opportunity by a friend and received the interview calls. At the border, I had no idea that I am going to receive any interview calls or any observership chance to inform the officer of what I have no information about. A friend of mine who is certified in homeland security is willing to testify that I found about the observerships while I was on vacation. And I can also show the interview invitation emails that are sent later.
At last, he gave me a refusal of entrance form with no codes and no reason on it and the officer told me to come back when I have my J-1 visa and I might get it or not.
I am not sure if this is a case of inadmissibility or not? What is the possible ground for refusal and its consequences?
I am really worried right now, after so many years of studying hard for medical exams and all the money and time that I spent, I need to know how I can clear up this problem. How much is it going to affect my J-1 visa? Is it a way that a lawyer can help me? Please help, I really need it.
Thanks in advance.

 

[Obelix1]

I am extremely surprised you were told you had no right to have a residence in the US. For instance, it is well known that many Canadians (snowbirds) own a residence in Florida and go there 6 months a year on a visitor visa.

"He asked me how long I was there, and I answered 3 months and he asked what I was doing there, I said I did 1.5 month clinical observership. He told me that I have no right to do so. I told him it was not a paid job; it was just shadowing the doctors and just listening. As far as I know (May be I am wrong) I am allowed to do job interviews and observerships on visitor visa."

Here is the problem. Whether you are paid or not doesn't matter. You cannot do "observation" on a visitor visa. You need a J1 to do that.

"The officer told me, the last time I crossed the border, I did not tell them that I am going for this clinical observership and told the officer that we were going for pleasure. He told me I lied and deceived the officer as my intent was different. Then he refused my entry after fingerprinting and special registration… "

Effectively, if you wanted to do observation, you needed to have a visa at that time. You were not allowed to do observation on a visitor visa.

"I was so shocked that I completely forgot to tell the officer that our intent (my wife and I) was genuinely pleasure and visiting friends but after 1 month while I was in US I found this observership opportunity by a friend and received the interview calls. At the border, I had no idea that I am going to receive any interview calls or any observership chance to inform the officer of what I have no information about."

The problem is still the same. You had to go back to Canada and re-cross the border with a J1 visa BEFORE starting your observation.

"A friend of mine who is certified in homeland security is willing to testify that I found about the observerships while I was on vacation. And I can also show the interview invitation emails that are sent later."

I don't think it would really help your case.

"At last, he gave me a refusal of entrance form with no codes and no reason on it and the officer told me to come back when I have my J-1 visa and I might get it or not.
I am not sure if this is a case of inadmissibility or not? What is the possible ground for refusal and its consequences?
I am really worried right now, after so many years of studying hard for medical exams and all the money and time that I spent, I need to know how I can clear up this problem. How much is it going to affect my J-1 visa? Is it a way that a lawyer can help me? Please help, I really need it.
Thanks in advance.[/QUOTE]"

Per law, you may not be allowed to go to the US for years if you are found to have lied to an officer at the border. You have to be extremely careful about what you tell officers at the border and get your story straight. Canadians can cross the border easily and sometimes are not aware of laws. You really need a lawyer before you try to cross the border again and make another mistake.

Good luck...

 

[hadron]

Here is the problem. Whether you are paid or not doesn't matter. You cannot do "observation" on a visitor visa. You need a J1 to do that.

Actually, if you go on the website of the US consulate in London,UK, it will tell you that you can do clinical rotations etc. on a B1 visa. HOWEVER, if you do that, they want you to be straight with them and inform them at the time you enter about what the true reason for your trip is. You can even switch from a visitors visa to a student visa or an H1b, provided THAT YOU TELL THEM AT THE TIME OF ENTERING THE COUNTRY that you are going for university or job interviews.

How much is it going to affect my J-1 visa? Is it a way that a lawyer can help me? Please help, I really need it.
Thanks in advance.

Chances are, they will let you in on the J1. Just make sure you have some paperwork with you that documents your ties to canada etc.
Inadmissability depends on whether he punched you into IBIS as having lied to an officer before. Probably, he just put in something like 'likely to take up work' and it won't affect you if you enter with the appropriate work related visa next time.

You might want to consult an immigration attorney. In border cities like Buffalo or Windsor Ontario, you will find attorneys working on both sides of the border. There might be a way to file an inquiry to find out what status you have in the border patrol system at this time.



(You obviously rubbed that officer the wrong way. They are sick and tired of people telling them stories. And to be frank, if you told me that you where on vacation and somehow stumbled into this opportunity to do an observership, I would get a fit as well.)

 

[m_img]

HOWEVER, if you do that, they want you to be straight with them and inform them at the time you enter about what the true reason for your trip is. You can even switch from a visitors visa to a student visa or an H1b, provided THAT YOU TELL THEM AT THE TIME OF ENTERING THE COUNTRY that you are going for university or job interviews.

(You obviously rubbed that officer the wrong way. They are sick and tired of people telling them stories. And to be frank, if you told me that you where on vacation and somehow stumbled into this opportunity to do an observership, I would get a fit as well.)

First, do they record in the system while interview all that... unless something unusual.... what if you told him your intentions and he/she did not record it... how would you prove it what you told during last visit.

And the contract is sent most of the time addresses outside USA, mine was sent to out of the country address as well... This is real strange situation.

 

[hadron]

First, do they record in the system while interview all that... unless something unusual.... what if you told him your intentions and he/she did not record it... how would you prove it what you told during last visit.

They actually hand-write it into your passport: 'intent to study' or 'attends conference and job interviews' (but they will also put '6 children citizens' or 'advised to stay outside of US for 6 months').