Travel

Denied at the US border - withdrawn admission

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  • Mar 12th, 2020 6:01 pm
Deal Addict
Aug 16, 2008
1057 posts
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Markham

Denied at the US border - withdrawn admission

I was traveling for work purposes and said something that triggered the border people to believe I'm doing the job a us citizen should be doing. What's done is done, I got finger printed and signed a bunch of documents confirming my withdrawal of application for admission.

Will this complicate my future visits to the US either for work or pleasure, and if so, what do I need to do to get around this issue?
40 replies
Deal Addict
Jul 14, 2006
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Keep your mouth shut next time.
Deal Fanatic
Aug 29, 2011
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Mississauga
Oh yeah, this will complicate any future attempts to cross the border.

User “unowned” got “pwned”.
Deal Addict
Feb 22, 2016
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Ever watched Border Security? Along with all the illegal crap people try to import, they definitely catch a lot of people trying to sneak in to work illegally.
As for trying to enter again, did the border agents say you've been deemed inadmissible for life (as you've probably seen if you ever watched it on TV), or just issued you a warning?

If you're ever going there (again) for work, don't mess around, get a visa for that. You've already been flagged...
Pleasure, hard to say, If they said you're inadmissable you'd have to apply at the consulate or embassy for a visa and hope they're lenient with you.
Last edited by EastGTARedFlagger on Mar 24th, 2018 1:39 pm, edited 1 time in total.
Deal Addict
Aug 17, 2008
1728 posts
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A withdrawal of application for admission does not create a bar to future entry. Whereas a removal order would bar you from entry for five years or longer.
http://legalservicesincorporated.com/wh ... t-come-up/

Note in particular the example of people whose visas became invalid through no fault of their own because of Trump's immigration actions. These people were all allowed to withdraw their application, so it does not bar them from entry again in the future.
https://en.wikipedia.org/wiki/Withdrawa ... _admission

You should however expect greater scrutiny on future trips and visa applications. If you travel for work in the future, you may need to get a proper visa. If you work for a large company, they should be able to help you with applying for a visa.
Also, the border officer who decided that your were inadmissible may or may not be right. He may be right, and you need a visa. Or he could have been overzealous and you may have answered the questions about what you would be working on in a less than ideal way. You will need to sort that out.
Deal Addict
Feb 22, 2016
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multimut wrote: You should however expect greater scrutiny on future trips and visa applications. If you travel for work in the future, you may need to get a proper visa. If you work for a large company, they should be able to help you with applying for a visa.
I wouldn't say he "may" need, I'd say he WILL need. He's already been flagged so I suspect every time he crosses the border from now on he will be questioned on that, and any evidence of "business" travel sans visa will cause him to be denied entry.
Like you said, he may have answered in a less than ideal way which triggered more hard questions or a thorough search....
Deal Addict
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Oct 25, 2009
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Moncton
Happens all the time. There was a guy up in Edmundston that was denied entry because he had his chainsaw with him and said he was going to do cut down a tree at his girlfriend’s place. He simply returned 30 minutes later without the chainsaw.
Toronto is a very small part of Canada
Deal Fanatic
Sep 29, 2005
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Montreal
A friend applied for a Nexus card because his company had a branch in the US that he travelled to often. During the interview, he was asked why he wanted the Nexus and he said it was for work. Since he worked for a Canadian company, this wasn't a problem. However, when asked if he was managing people in the US, he replied that he did. For that, needed an L1 Visa and since he didn't have one, they could not approve his Nexus application. Rather than rejecting his application, they suspended it until he was able to apply for and return with the L1. Then he was approved.
Phils
Member
Feb 8, 2017
459 posts
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US border agents don't like it when a Canadian manages a US team. People I work with that travel to the US frequently and have this type of reporting structure just say they are going for meetings
Deal Fanatic
Sep 29, 2005
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Montreal
True but, in the end, there was no damage done by the false start.
Phils
Member
Feb 4, 2015
215 posts
106 upvotes
York, ON
Myself and colleagues travel to the US frequently.

The key is not to use the word "work". Working in the US requires a visa.
However, you can attend a meeting. You can attend a conference. You can receive training. You can be taking a contract for signature. You cannot "work". Avoid that word at all costs.

As for the future - at our company they get the lawyers to get a work visa issued. It's the only way forward. You've been flagged as someone coming in to work. If you're clearly not going on vacation (i.e., you're showing up in a suit, not in your Hawaiian shirt with the wife and kids in tow), they'll block you again as they know your intentions.

Good luck!
Deal Fanatic
Jan 11, 2004
5000 posts
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Victoria
unowned wrote: I was traveling for work purposes and said something that triggered the border people to believe I'm doing the job a us citizen should be doing. What's done is done, I got finger printed and signed a bunch of documents confirming my withdrawal of application for admission.

Will this complicate my future visits to the US either for work or pleasure, and if so, what do I need to do to get around this issue?
Doesn't your work have an attorney to prepare for this kind of stuff? You need a visa and you should have applied for one clearly. Might even be as simple as a TN-1. No way I'd travel for work without a lawyer making sure everything's in order. ZERO chance your employer would compensate you for being barred from the US for 3 years or life or whatever.
Not a political sig
Deal Addict
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Aug 21, 2009
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Is this an inexperienced 5 person company? Any bigger corporation asking you to cross the border (e.g. working with US clients or managing people) would have known to apply you for the L1 or at the bare minimum a TN visa.

You should research up or talk to your mobility folks on both visa processes to see which one best applies for you, a lot of documentation (e.g. petitions, letter confirming length of tenure with current company, etc.) for the L1 and even with the TN, a few documents are also required to bring to pre-clearance at Pearson.
Deal Addict
Aug 16, 2008
1057 posts
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Markham
EastGTARedFlagger wrote: Ever watched Border Security? Along with all the illegal crap people try to import, they definitely catch a lot of people trying to sneak in to work illegally.
As for trying to enter again, did the border agents say you've been deemed inadmissible for life (as you've probably seen if you ever watched it on TV), or just issued you a warning?

If you're ever going there (again) for work, don't mess around, get a visa for that. You've already been flagged...
Pleasure, hard to say, If they said you're inadmissable you'd have to apply at the consulate or embassy for a visa and hope they're lenient with you.
that's what im trying to figure out, the "withdrawal from application for admission" should not bar me from future entry as another poster had linked above, but i might face scrutiny in the future.

Going to apply for tn visa, its out of company pocket anyways.
Deal Addict
Oct 18, 2014
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HK
I’ve been told that I am taking jobs away from Americans.

So I can only imagine how they feel towards those without a valid work visa.
Deal Expert
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Jun 12, 2007
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London
unowned wrote: that's what im trying to figure out, the "withdrawal from application for admission" should not bar me from future entry as another poster had linked above, but i might face scrutiny in the future.

Going to apply for tn visa, its out of company pocket anyways.
Sometimes it’s a simple misunderstanding by the CBP agent. For example, attending a meeting and giving a presentation at some point in the meeting:
“I am attending a meeting” is fine
“I am giving a presentation” might generate a lot of questions like “are you giving training?”, “are you being paid for the presentation?”, “who are you giving the presentation to?” etc. CBP might even ask for the presentation or the meeting agenda

If this is a bigger company, speak with corporate legal.

Corporate legal can usually supply a letter signed by the corporate lawyer saying essentially that for the time you are in the US: 1) you being are paid solely by the Canadian entity, 2) you will not be receiving any pay from an us entity 3) The Canadian entity is not being paid by a US entity for your services

For staff that ran into the same situation previously, we are advised to pre clear US Customs a couple of hours early in case we have to go to secondary and present the letter. After a couple of trips, they seem to update the information in their system
Deal Expert
Oct 6, 2005
16872 posts
2557 upvotes
unowned wrote: I was traveling for work purposes and said something that triggered the border people to believe I'm doing the job a us citizen should be doing.
What did you say? It would be good for others to know.
Lovable wrote: Is this an inexperienced 5 person company? Any bigger corporation asking you to cross the border (e.g. working with US clients or managing people) would have known to apply you for the L1 or at the bare minimum a TN visa.
A lot of big companies don't bother with TN unless you're actually doing work in the US. Saying that if you're uncomfortable with the process, you should demand the company get you the visa to cover your bases.
Deal Addict
Jul 21, 2005
2087 posts
1134 upvotes
Alberta
You must have really said something they weren't expecting. Normally you would be issued a B-1 visa right by the agent, which is valid for 6 month. I just got mine a few months ago for a work trip. There are things you can do, say if you work in IT and you need to go down for something, but it's best to basically said you are going for meetings and you are good to go.

Here is the info and all the exceptions and professions on who can get this:
https://www.uscis.gov/working-united-st ... ss-visitor

At my company, they will even provide a letter that states that I work for them in Canada, I will be paid by them in Canada, and I am expected back to my job in Canada with a return date. Alternatively you bring some golf clubs with you if you are going somewhere warm and tell them you are going golfing, not recommended, but I am sure many people do this.

My co-worker went to the states for work before we had a formal process and couldn't lie about the meetings thing, and basically had to do the same thing as you, now everything he goes he does get screened more, with many more questions etc.

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