Going Sarf of the Border
 

Dear Wise and Trusted Gentle-folk.

I have a dilemma, which of course is the usual reason for my starting threads in here.

Despite the bliss that is living in Vancouver, I am hoping to prolong summer for a bit this year by going to So Cal for a week or so next month.

My dilemma is this.... the wizard immigration authorities have a certain question on their forms, asking whether one has ever been refused a visa before. Sadly for me, the answer is 'yes'.

Now, I have never been a member of the nazi party, incited terrorism, genocide, nor have I ever been the employer of slaves or child soldiers. I did however, dare to apply to go to Tampa University for the second year of my degree!

Due to my not owning property nor having a well founded career at the time (due to being a student), i was denied my student visa!!!?!

This was over 14 years ago.

Being an honest chap, I am of course inclined to fill the form out with nothing but the truth, but I also know this will not likely be taken gladly by the immigration interrogator.

What do I do? Given the time passed and the lowly nature of my 'crime' will they even care?

Your thoughts / advice as ever, will be gratefully received.

Re: Going Sarf of the Border
 

Best call them and check, I'm sure it will be fine.

Re: Going Sarf of the Border
 

I would tell them. They will have a record of it on their computer and if you don't tell them, they will definitely not let you in. I know what a pain the arse they can be, but it really is best to be honest.

Re: Going Sarf of the Border
 

Probably not. But they will care very much if they catch you out lying.

Three thoughts:

1) Take a day trip shopping in Bellingham and see if you have any problems at the border.
2) Ask this question in the US forum
3) Apply for a visa.

Re: Going Sarf of the Border
 

With all things considered..... we're gonna go elsewhere. :D Going through the visa application, fees and interview process is just too much aggro for something like a long weekend away.

I always found it funny that those who had (for eg) participated in genocide were expected to tick 'yes' and confess to such things when off on their hols.

We were never going to lump ourselves in with such bad lads by denying a historical fact that an academic year in Tampa Bay was denied to us.

I found it interesting though, that for all other aspects of the ESTA form, there was a comprehensive 'help' section / explanation, but not for my particular 'stumbling block'.

Anyways... thanks once again!:thumbup:

Re: Going Sarf of the Border
 

I got refused entry to the US 6 years ago, while flag poling for my TWP. US immigration went through the formal process of refusal, even though I didn't even want to enter the US, so now I have to mark 'yes' on the immigration forms, and have been subject to secondary inspection on every trip over the border since then (always involves sitting in a waiting room for an hour before being told everything's fine, please board your plane).

I've asked several times if the circumstance merited a refusal, and if I still need to say 'yes', and never got a straight reply - immigration officers are non-committal on the subject, so I've appealed (about 8 months ago) against it, as secondary inspection is such a PITA. I've had acknowledgment of my appeal being lodged, but no further news.

Re: Going Sarf of the Border
 

As a quick follow up I would echo JonBoy's advice and take a day trip to the States when you can. That way you can find out if it is/would be a problem. Better to find out on an informal trip when it doesn't matter if you get across or not than on a future occasion when you NEED to get to the States and have the worry then.

Have a good trip wherever you end up!

J :)

Re: Going Sarf of the Border
 

The immigration officers are present when you fill out the form, so you could just ask them whether you should put yes or no. If you're lucky and get a nice one, they'll probably just let you know. It's a 50/50 chance though whether you'll end up with an officer with an axe to grind or someone friendly and helpful.

Re: Going Sarf of the Border
 

The records are kept for decades (90 years as I recall) so it will be in their system so lying is not an option. DO NOT attempt to lie, that will create an even bigger problem.

My personal view is that the best strategy is to apply for a B1/B2 visa at the consulate, because then you can properly explain the situation to the consular official and it takes it out of the hands of CBP - there is no question on the regular I-94 about this. You could apply for ESTA but I'm not sure that will have much impact as it isn't really used at land borders.

Applying for a visa is a pain but before I was a Canadian I did it and it saved me all sorts of aggravation. If only because they can swipe the visa at primary inspection and print off the I-94 for you.

Given that you live in BC as an earlier poster said the first thing to do is to actually go down and try entry and explain to CBP the problem, but if you have to answer "yes" to any of the questions on the I-94W they refer you to the consulate, they have to, it's in the regulations. The consulate might have a bit more sympathy if you've actually been denied entry though (because they'll want a good reason as to why you want the visa).

Even says so on the form: "If you have answered "Yes" to any of the above, please contact the American Embassy BEFORE you travel to the U.S. since you may be refused admission into the United States."