Denied Entry on B-2 -- Can I travel in the future?

astatine19

New Member
I was recently denied entry into the US while seeking to enter on a B-2 visa. The denial happened at the pre-clearance office at the Amtrak station in Vancouver, BC. I'm trying to understand if this denial will affect my ability to travel to the US in the future or lawfully immigrate there should I choose to do so, and was wondering if anyone here could help me get some clarity.

A little background: I had been living in the US for almost 6 years - lawfully - as an F-1 student. I completed two degrees and at the end of my second degree, I applied for an H-1B but was not selected in the lottery. Aware of this possibility, I had applied and been approved to become a Canadian permanent resident - all I needed was a place to stay for a few weeks until I got my passport stamped. I figured I could stay with my sister in the US - all my stuff was there and it was close to where I would eventually live in Canada - as opposed to flying back to my home country. The only problem was that my F-1 grace period was running out, so I figured I could re-enter on a B-2 and wait a few weeks until I got my stamp, then enter Canada permanently.

I travelled to Canada and attempted to return the same day, but I was denied entry. The CBP officer said that "I had no status in the US anymore, since my F-1 had expired and H-1B was rejected", but I was still attempting to reside there for a few weeks. He told me he was going to reject entry, but advised that once I got my Canadian residency and established ties to Canada, I could come back. He mentioned that "ideally, we should revoke your visa, but we won't. I get that you're stuck in a weird crack in the system, but there's nothing we can do". They didn't stamp my passport with anything or provide me with any documentation - I was simply allowed to walk out.

Given this turn of events, I wanted to see if you all had opinions on my ability to re-enter the US in the future, once I do establish Canadian residency. Most of my belongings are still in the US at my sister's apartment - I will need to go retrieve them eventually. Additionally, will I be subject to secondary screening every time in the future? Will I be able to renew my B-2 visa after it expires, or apply for an L-1 visa? I don't have any accrued unlawful presence.

I appreciate any help you can provide!
 
He told me he was going to reject entry, but advised that once I got my Canadian residency and established ties to Canada, I could come back.

I'd follow the CBP officer's advice.

You are now a Canadian permanent resident. Establish long-term ties there like a job/home/finances, wait a couple of years, and then consider visiting the US.
 
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