Major goofup at the border!!

vault

Registered Users (C)
Well Folks!!

Here is my experience!! the 30day AVR rule is no good, or it didn't work form me.

I was refused entry (back into the US) at Peace Bridge last week, (05/26/2003) since I didn't have a valid visa stamp in my passport. So I had to trun and head back to CAN. Once I crossed the border (Canadian border), I called the 800 number to make an appointment, I was originally given one for 06/24/2003. I explained to the lady that I am stuck in Canada, and l begged her to see if I can be scheduled for an earlier date. I also told her that I was under the impression that I do not need a visa to enter the US, since I was a Canadian landed Immigrant. She said nope, "you need to have a visa". She said that she has to talk to her Supervisor, and asked if there was a fax number? so that she could fax the appointment letter over, incase they were able to accomodate me for an earlier date. I gave her the fax number, and lo and behold I got a fax yesterday afternoon, confirming my appointment for this morning 9:30am (06/03/2003).

Dropped off my passport, DS-156, DS-157, I-797 approval notice. I was called around 10:45am (window #5).

Me: Good morning!
CO: Good Morning!

CO: So you have been working on H-1 since 1996?
Me: Yes

CO: You have an Immigrant petition filed by your employer?
Me: Yes

CO: When was it filed?
Me: It's an ammended petition (filed on 10/17/2002). explained
to her about my old company being sold, and the new
company filed the ammended I-140.

CO: Can I see your I-129 and your LCA?
Me: Handed over the entire packet (all the papers which were
submitted to the INS)

CO: Looks at the covering letter addressed to the INS, makes
copies of LCA and the covering letter, and returns the packet
back
CO: DO you have your pay stubs?
Me: Would the last 3 suffice?
CO: Yes, yes, that should be fine.
Me: Slide the copies of the paystubs
CO: Just takes a glance at it, and returns them back.
CO: Give me a small red and white paper with a number on it,
and asks me to collect the passport to-morrow between
3:00pm and 4:00pm. Also returned my old expired passport.


I walk away from the counter, and was surprised to see "CNACELLED WITHOUR PREJUDICE" stamp on my previous (4) F-1 and H-1B expired visas.


When I was standing in the line, I saw a guy who had a British Passport (was on H-1B), who was also refused entry. He didn't even make an appointment. He just came and stood in the line, and the guard let him in.

Everyone in the line who were entering the Consulate had to fill out a SARS Questionnaire.

I am hoping to pickup my passport tomorrow inbetween 3:00pm and 4:00pm. Will spend some money at the Niagara Casino till Friday, and head back over the weekend.
 

bhand11683

Registered Users (C)
We had got the "Waiver of passport and visa " I-193 to enter USA when our passports and ID's were stolen in canada.

They were very helpful to us (may be we were extremely lucky)
 

JaiJawan

Registered Users (C)
To vault: My experience at the consulate.

Hello vault,
I was also at the US consulate in Toronto on June 3rd for a 10 clock appointment.
I was applying for a Business Visa to visit US.
Like you said we had to fillup the SARS form.
I was called into the room 16!!(where the consular officer Personally interviews you)

I was asked questions about my connections to canada.
finally, after seemingly a long time, he gave me an Small red and white paper with number on it and asked to collect the passport tomorrow between 3 and 4.
It was a bit of relief..
until i noticed that..in that paper slip there is a note which says that there is no Guarantee that the visa will be given just because the ticket is give.

I was aghast..
1) is there a chance that i still might not get my visa?
2) If my visa was refused, would they have given back my passport at the end of the interview?

Thanks vault and others....i look forward to your opinions.

Jai
Toronto.
 

fk2003

Registered Users (C)
to jaijawan

hi jaijawan would u plz let me know wat they ask cuz my interview on 12th june and any paperworkl plz plz plz i detail

i applied for b1,b2

thankxxxxx in adv
 
Last edited by a moderator:

JaiJawan

Registered Users (C)
To FK2003..Interview details.

hello Fk2003,
I will be giving you the details in reference to Business Visa(B1) only!..i have no idea of trends for visitors visa.

1) For the B1 visa, the emphasis is on.....proof of ties to the country of residence(In my case, Canada. I am a Landed Immigrant).
2) they will send you a appointment letter informing you the same. In that letter, they do not list out each and every document to prove your ties. It is upto you to get everything you can to lay emphasis on your ties to canada.
3)My documents were:
a) I took my Bankstatement for my Business acoount in canada.
b)A invitation letter detailing your itenerary and stay details from the company in US.
c) A Tax Receipt for the Tax paid for the last year, preferbaly to canada.

But surprisngly at the counter all i was asked was the nature of my business, my bank statement and the purpose of going to US.
The trick is to say, whatever you say boldly and confidently.
but, hey in the end it all comes down to the Visa officer wh issues the visa.

The trend here in Toronto is, they seem to be quite liberal in giving the visas.

The most important thing is, If they say 10 clock in your appointment letter. be at the embassy at 8 clock in the morning. The lines at the embassy is almost like the one in India.

all the best, (y)

Jai jawan
 

US&Canada

Registered Users (C)
Hi vault,

Hope you will get your visa stamp today, and come back to US earlier!

I am planning to land at end of this month, and I also want to take advantage of this 30-day AVR rule. But your experience really scares me, I am not sure whether or not I should stick with my plan. Would you please give us some more details about the refusal at the border? Like what questions they asked you, and what they told you why you could not get in?...

Thank you for your time!
 

fk2003

Registered Users (C)
to jaijawan

thanx buddy i m going to attend weddin of my bro and we hav a fam business since feb so i m a bring all document of my business and weddin card and i hav bank statement of march and some other stuff insh i ll get it

if u suggest me more stuff i ll bring those2 thanx again buddy
 

safdarali

Registered Users (C)
I think if AVR is not working 100% then it is better to spend CND 10.00 for a visa appointment. Take an appointment for next day when you intend to travel back. If refused at border then next day attend interview else cross the border & appointment will be cancelled. Thatis my suggestion to avoid hassle of getting immediate apointment etc etc
 

JaiJawan

Registered Users (C)
Got My B1(Business) visa!!

Finally..after all my misgivings and doubts ...i picked up my B1 visa.

I expected them to give me for 6 months..

But, I was pleasantly shocked to see 5 years period on my visa.

Anyway, Thanks everyone for the excellent discussion here in this forum.

If i face any unpleasant experiences at the border, i will let you all known....


Jai Jawan
Torornto. :cool:
 

vault

Registered Users (C)
Originally posted by Ray S.
well it does not seem like the 30 day rule has changed, but seems like ther' are contradictions all over the place.

just curious, did you get into answering too many questions
at the land port? anything that the officer was not comfortable
with.....your demeanour???

No!! All the customs guy asked was.....

CG: Country of Citizenship
Me: India

CG: Purpose of your visit to Canada?
Me: I am a landed immigrant, and I live in canada, and I commute to work.

CG: Can I see your I-797 and your pasport please?
Me: Handed over the I-797 and my Passport.

CG: Starts to check and see a valid visa stamp, and asks me, do you have a valid visa stamp?
Me: No! To my understanding if my stay is less than 30 days, I do not require a Visa, isn't that true?

CG: No Sir! You need to have a valid Visa stamp in the passport. I am sorry, I cannot let you in, you will have to turn around and head back. Please get your passport stamped!


were you carrying any weapons of mass distraction? :D

Whats that? :D

all's well that ends well, welcome back home from home!

Thanks Ray!!
 
Last edited by a moderator:

vault

Registered Users (C)
Passport Picked up this afternoon!!

I picked up my passport this afternoon at 3:15pm. It started raining, luckily I had an ubmrella :D.

The look of the stamp has changed from the one I had 3 years ago. It's a multi coloured stamp with Abe Lincoln's pic :)

My advice to others would be, to make an appointment for the Visa at the Consulate on the next day of your journey. just in case if one's gets turned back at the border, he/she could always go and obtain the Visa. Just make sure that you carry all of the documents required to obtain the visa stamp.

BTW!! Last night I won $3500 on #33 on the Roulette!! :D :D


Good Luck!!
 

truenblue

Registered Users (C)
Vault,
Congrats on getting visa without any hessle and and for winning $ 3500, you are really a lucky guy :)

There is a confusion as you mentioned.....

CG: Purpose of your visit to Canada?
Me: I am a landed immigrant, and I live in canada, and I commute to work.

CG: Starts to check and see a valid visa stamp, and asks me, do you have a valid visa stamp?
Me: No! To my understanding if my stay is less than 30 days, I do not require a Visa, isn't that true?


As you told the officer that you live in Ca and commute.. and also saying if your visit is of less than 30 days ....blah blah...
was it not confusing for the custom officer to let you in on the basis of AVR ???

I was wondering.. what if you had said that you lived in US and went to Ca for a short (less than 30 days) visit and so returning to US on the basis of AVR ??? woudnt you have been allowed to enter in the US that case ?

thanks
 

vault

Registered Users (C)
Originally posted by truenblue
Vault,
Congrats on getting visa without any hessle and and for winning $ 3500, you are really a lucky guy :)

There is a confusion as you mentioned.....

CG: Purpose of your visit to Canada?
Me: I am a landed immigrant, and I live in canada, and I commute to work.

CG: Starts to check and see a valid visa stamp, and asks me, do you have a valid visa stamp?
Me: No! To my understanding if my stay is less than 30 days, I do not require a Visa, isn't that true?


As you told the officer that you live in Ca and commute.. and also saying if your visit is of less than 30 days ....blah blah...
was it not confusing for the custom officer to let you in on the basis of AVR ???

I was wondering.. what if you had said that you lived in US and went to Ca for a short (less than 30 days) visit and so returning to US on the basis of AVR ??? woudnt you have been allowed to enter in the US that case ?

thanks

Well, I told the INS/Customs guy at the border the truth!! I commute to work, most of the time, I work from home, and work from Buffalo office on Wednesdays and Fridays. Hoever, since middle of Jan, our family has been staying in VA. So this is the only time I have been really away away from Canada. I have saved every single piece of paper from our date of departure form Canada to our date of return (to be on the safe side).

If you are planning on go to Canada, then you should probably try and see if you can use the AVR. Who knows I might have been the unlucky one! No offence, I was kinda paranoid about this. Now I have a VISA stamp, I am not gonna fert about it.
 
Last edited by a moderator:

US&Canada

Registered Users (C)
You're right, vault. You don't need to worry about anything right now, 'cause you already have your visa stamp. Congrats!

Just curious - You mentioned that you had an expired old passport. Is it true that you showed INS your new passport that doesn't have any visa on it, even an expired one? And you didn't show the expired visa on your old passport. Maybe that's the reason they wanted you to get visa stamp, on the NEW passport! 'cause the AVR is based on the expired visa and valid I-94, am I right?
 

ldmello

Registered Users (C)
For Vault !!

Congrats ! Good to see some posts from you! I was wondering where you had dissappeared? Did the officer ask you anything about your education or degree in the US?

I Have a valid I-797, paystubs but I heard that they require you to have a Degree certificate. Is that true? I do not have one.... I have my transcript and will a letter of completion from my school.... I will get the degree only in Dec

I am planning to land on July 1 by Air and come back on July 9.. If I get the H-1 visa stamp... do U think I will be ok.. I am taking all the letters from my company etc..

As a landed immigrant do u think for any reason they will ask me to go to India?

Please answer whatever you guys can.. I will really appreciate it..

Louie
 

bhand11683

Registered Users (C)
When you are a Landed Immigrant of canada , your home country is canada and you can never be asked to go to India for anything
 

mebobby

Registered Users (C)
GUYZ PLZ HELP??

according to Vault message...do canadian landed immigrants working in USA on H1B required visa on thier passports??...i am canadian PR working in USA on H1b for a while...and usually on passport u only get entry stamp and i-94 card....rite now am in canada for a short visit...can some body pls tell me do i require a visa?? to go back...i mean i do have a valid H1b and 1-94 card on my passport...pls help...thanks
 

vault

Registered Users (C)
Originally posted by US&Canada
You're right, vault. You don't need to worry about anything right now, 'cause you already have your visa stamp. Congrats!

Just curious - You mentioned that you had an expired old passport. Is it true that you showed INS your new passport that doesn't have any visa on it, even an expired one? And you didn't show the expired visa on your old passport. Maybe that's the reason they wanted you to get visa stamp, on the NEW passport! 'cause the AVR is based on the expired visa and valid I-94, am I right?


I had 2 old passports (expired) which had Visa stamps from other european and Asian countries). I had these two passports stapled with the new one. One other thing to note is that when you go to the Consulate for VISA even before you see the consular official, all of your US Visa stamps will be stamped with "Cancelled Without Prejudice".
 
Top