Refused admission into US once - 6 years before due to lack of awareness - what it means now

A

a3v8i3s

New Member
Hi Members,

I am hoping that you can advise me how to handle my situation. Here is what had happened so far..

1) Indian passport, had been in US on several visas (B1, L1) legally, never over stayed. All is perfectly legal and correctly done. The last day that I was in US with visa is Jan 2006. Left back to India.

2) Immigrated to Canada with "PR card" in Sep 2006.

3) From Canada, tried to import a car from US in Sep 2007, for this I need to go to the land border crossing. Had no visa to enter US at this time (a PR need a visa to enter). I did go to the border crossing as "a passenger in a car". However officer assumed it as "entry". He accepted the car export and stamped it in the car title paper, however he gave me " refused admission into the US" notice printed in a plain white paper. No stamping or marking in passport. No warning is issued for future entry. He mentioned that I should have walked from Canadian border office to US border office.

The notice shows, my name, date of birth, nationality - INDIAN. I still have this notice and the car tile showing US border stamping with date and time.

4) Became Canadian citizen in Sep 2011. Indian passport is no longer valid.


Now what this means to me for

a) for a simple cross border shopping to US
b) for non-imigrant visa like H1/H4. Do I need to get a "waiver of ineligibility" for non-immigrant visa?
C) for TN visa do I need to get a waiver as well?
D) what it means in the long run for permanent immigration to US.
E) Do I need to get the waiver for life long until my status change or it is a one time waiver? Also sugest how to apply for this waiver.

Thanks in advance for all your help and advise. I highly appreciate your opinion.
 
a3v8i3s said:
3) From Canada, tried to import a car from US in Sep 2007, for this I need to go to the land border crossing. Had no visa to enter US at this time (a PR need a visa to enter). I did go to the border crossing as "a passenger in a car". However officer assumed it as "entry". He accepted the car export and stamped it in the car title paper, however he gave me " refused admission into the US" notice printed in a plain white paper. No stamping or marking in passport. No warning is issued for future entry. He mentioned that I should have walked from Canadian border office to US border office.

The notice shows, my name, date of birth, nationality - INDIAN. I still have this notice and the car tile showing US border stamping with date and time.
Click to expand...

It's not clear to me what happened in paragraph 3. Did you actually get past US immigration and enter the US and this happened on the way back to Canada? Or were you sent to secondary immediately in the car you were importing to Canada (i.e., you drove it into Canada previously and went to the border to do the paperwork to import it later)?

If the latter, it sounds like you flagpoled and got an administrative denial of entry from the US? I don't think it affects anything since you didn't actually intend to enter the US. To confirm, ask on a Canadian immigration forum about people's experience with flagpoling. People usually do this to "land", if they're already in Canada (i.e., go to the border, get an administrative denial at US secondary and immediately go back to the Canadian side). Ask in the various PR forums -- family class and CEC (Canadian Experience Class) are probably most likely to have people who were in Canada at the time they received their COPR (Confirmation of PR). Specify that you didn't have a visa to the US at the time. (US citizens also flagpole. But they since they can't be denied entry, they ask to get sent to secondary to get a stamp in their passport before going back to Canadian immigration...or just actually enter on a daytrip and get a receipt to prove they were out of Canada.)
http://www.canadavisa.com/canada-immigration-discussion-board/index.php#2

If the former, I have no idea what happens.

G.L.
 
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