Canadial PR - B1 visa entry denied no reason given. Please help! We are really worried!

I

iglauf

Registered Users (C)
Hi,
we have rather complicated situation but I hope someone can help with advise. I am US PR (live in US) and my boyfriend is Canadian PR (lives/works in Canada and he will get his Canadian passport in few months). He has B1/B2 visit visa for 10 year. We live 4 hours away from each other and come visit in turns every weekend. So he crossed border more than 20 times over last year
.
We recently decided that he should take vacation from work and stay with me for few months starting this December and then the plan for him is to go back get his passport and come back to US on TN visa. Because he will be staying in US for few months, we got him US driving licence and registered him at my home address.

Recently he was coming to visit me, his car got searched and they found: US driving licence, US SSN Card (he had it since he was student in US many years ago), and some packages he was going to send from US with his name and US address on it. He explained the situation, but the officer did not really listen. He asked for business cards and my BF had none on him and other proof he had (work badge to office, work computer, etc.) did not work. So he was denied entry and told to bring proof but no specifics.

Of cource he will bring more stuff next time (work letter, scool transcript, lease agreement, insurance, etc), but I am really worried about following questions:
1. Would it matter that he will try again in a week or should we wait longer? And should he use same port of entry or different one?
2. If he does gets approved, since he visits so ofter how do we avoid the same issue (especially when he comes to visit me for longer periods)?
3. If he gets denied again, does it mean he is banned from US and can we appeal and how? (He lives in Vancouver BC so would we appeal through US Consulate)?
4. Would his first denial affect his TN visa and also if we get married in the future and apply for GC for him would it affect that?

Sorry for very long post - wanted to give all the details. Please help with your valuable expertice and/or any similar experiences anyone had!

Thanks you so much for your help in advance.
 
I am assuming they just denied entry and have not cancelled his B1/B2.
He can come anytime but the stakes are higher now and he should bring plenty of evidence this time, going to a different POE will just raise more red flags.
There is no guarantee you can avoid another situation like this as I think that they were somewhat satisfied as they could have put a Cancelled without Prejudice stamp on his B1/B2. He just needs to carry sufficient evidence everytime he attempts to enter US.
A denied entry at POE has no major after effects on TN or a GC application.
 
Triple Citizen, thats a good point. Its strange I though TN was simlified version of H1B which IS "immigrant intent" visa, right? So how do you overcome that when you apply for TN? Assuming he will have a new job and will be moving in with me when he applies how the hell does he prove that he is not going to stay? Please share insight that you may have. Thank you!

Triple Citizen said:
Just be a tad careful. TN requires an applicant to overcome "immigrant intent", just like a B-2 visitor.
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namecheckvictim, thanks for your reply! You are correct, they did not cancell his visa just said they need "more proof". Do you have any idea on what would happen if he gets denied again? I searched CBP and USCIS web-sites and all I found is that denial of entry may be appealed in "certain situations". No information about what happens if you get denied more than once and how to appeal. Please advise if you can. Thanks again for your time!
 
TN is not a simplified version of H-1B :)
A Canadian applying for TN at a border post has to convince the adjudicator that this is a temporary assigment and he/she maintains ties to Canada and will move back once the TN period is over.

iglauf said:
Its strange I though TN was simlified version of H1B which IS "immigrant intent" visa, right? So how do you overcome that when you apply for TN?
Click to expand...
 
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