B-2 Cancelled

[LookingForHelp2]

Hi there,

I am looking for some advice pertaining to my predicament with US Immigration.

In May 2007 I was denied entry at the airport. They believed that I was living and working in the US. According to the records they were looking at, I had been in the US on my B-2 visa for 4 years, leaving every 6 months for 1 day in order to return with another 6 month stamp (true).

I was NOT working in the US, and was being supported by my father, staying in my fathers vacation home, driving my fathers car, but they did not believe that a scruffy 23 year old was being given money by his dad to goof off in Florida. They said I was "an immigrant on a non-immigrant visa."

They had me sign a document to voluntarily withdraw my application for entry into the US, then cancelled my B-2 Visa and put me on a plane back to Europe.

I moved to Europe and spent 2 years there building up my new life in a new country. I then met the love of my life, a Canadian Citizen, and moved to Canada and got married to her. I am currently finishing the Canadian Immigration process to become a permanent resident.

I was fine never returning to the US, a country that treated me like a criminal for doing nothing but spending money there! But now that I live in Canada, with a Canadian wife, living about 10 blocks north of the US Border Crossing... obviously, my wife wants to be able to travel into the US, but she won't go without me (after all, what fun is a vacation without the husband???). I feel terrible because, if I am unable to enter the US, then it is my fault that she never gets to see the Grand Canyon, shop in New York, go to Disney World etc etc.

My questions are:

1. Given that my life circumstances have changed drastically, I am married to a Canadian, living in Canada as a Permanent Resident, and my entire life (as well as hers) is in Canada - will it be possible for me to get a new B-2 Visa from the US Embassy in order for us to be able to travel into the US again as tourists?

2. It will have been about 4 years since I left the US before I will apply for a new B-2 visa - it is my understanding that even if you overstay and you get BANNED, the ban is only 5 years. Will they look at my application favorably because I have been away from the US for 4 years, have a wife, horses, dogs, apartment, vehicle, wife's family etc? We are both supported by family money, not employed - we have plenty of money and do not need a job, so showing "ties to Canada" through having a job is not possible.... I don't know how important that is.

3. In 2.5 years I will be eligible to become a Canadian Citizen. My wife says that when she has driven over the border, they never stamp her passport, never look at their computer, and barely even look at her passport when she crosses the border. If I become a Canadian Citizen with a Canadian Passport - do I still need a B-2 visa?

If yes - what happens at the border if I do not have a B-2 visa, and they look up my name and see that I was refused entry previously?

If no - does becoming a Canadian Citizen "reset" my ability to enter the United States without a visa? Or am I simply taking the chance that they do not look up my information?

Thank-you! I hope that I can enter the US again next year. I hate that my wife and I cannot take road trips across the border :-( Any advice would be appreciated.

 

[Triple Citizen]

Bear this in mind when you read the rest of my response below.

According to the records they were looking at, I had been in the US on my B-2 visa for 4 years, leaving every 6 months for 1 day in order to return with another 6 month stamp (true).

You were clearly abusing your B-2 visa, and you call that "doing nothing"?

I was fine never returning to the US, a country that treated me like a criminal for doing nothing but spending money there!

A1: Apply for it and see what the consulate says. Just make sure you honestly fill in your DS-156.

A2: You did not overstay as far as I read between the lines. You were abusing your B-2.

A3: No B-2 needed for Canadian citizens, but Canadian citizens may be denied entry into the US

1. Given that my life circumstances have changed drastically, I am married to a Canadian, living in Canada as a Permanent Resident, and my entire life (as well as hers) is in Canada - will it be possible for me to get a new B-2 Visa from the US Embassy in order for us to be able to travel into the US again as tourists?

2. It will have been about 4 years since I left the US before I will apply for a new B-2 visa - it is my understanding that even if you overstay and you get BANNED, the ban is only 5 years. Will they look at my application favorably because I have been away from the US for 4 years, have a wife, horses, dogs, apartment, vehicle, wife's family etc? We are both supported by family money, not employed - we have plenty of money and do not need a job, so showing "ties to Canada" through having a job is not possible.... I don't know how important that is.

3. In 2.5 years I will be eligible to become a Canadian Citizen. My wife says that when she has driven over the border, they never stamp her passport, never look at their computer, and barely even look at her passport when she crosses the border. If I become a Canadian Citizen with a Canadian Passport - do I still need a B-2 visa?

 

[elcupacabras]

I had been in the US on my B-2 visa for 4 years, leaving every 6 months for 1 day in order to return with another 6 month stamp (true).

They said I was "an immigrant on a non-immigrant visa."

Going from your first sentence I have quoted from yourself, then them stating that you was 'an immigrant on a non-immigrant visa' is true. You were attempting to live in the US on a visa that is for 'visitors', and therefore abusing this visa. In my opinion you were extremely lucky to have been able to continue this pattern for 4 years.

 

[König]

1. Given that my life circumstances have changed drastically, I am married to a Canadian, living in Canada as a Permanent Resident, and my entire life (as well as hers) is in Canada - will it be possible for me to get a new B-2 Visa from the US Embassy in order for us to be able to travel into the US again as tourists?

Applying for B-2 visa as a Canadian PR may help get approved, but the chances are definitely diminished because of the previous entry denial. I would definitely try because except money you will not loose anything.

3. In 2.5 years I will be eligible to become a Canadian Citizen. My wife says that when she has driven over the border, they never stamp her passport, never look at their computer, and barely even look at her passport when she crosses the border. If I become a Canadian Citizen with a Canadian Passport - do I still need a B-2 visa?

Just like previous posters said, Canadian citizens do not need a visa to enter USA for tourist purposes. However, Canadian citizens may be refused entry if a CBP officer believes that the purpose of visit is not really tourism. Criminal convictions in Canada or USA can also make you inadmissible to the USA.

I think you should be able to enter USA as a Canadian after naturalisation, but there is a great risk you will be referred to secondary inspection because of the prior history. But then, they are still likely to let you in.