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Have i made a big mistake at the US border

Have i made a big mistake at the US border

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Old Sep 20th 2012, 3:26 pm
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Default Have i made a big mistake at the US border

Hi

i flagpoled the US border yesterday to activate my second IEC visa at the border when asked my reason for leaving i told the truth (mistake?)

i was then directed to the border office and 10 min later handed a paper saying "notice of refusal of admission to the us" the reason on the paper was "flagpoling for Canadian status"

i was given no explanation of what was happening when i asked he said i have to get my paper work sorted out with the Canadians first before i could enter. i was the told to follow in my car and directed to the Canadian border crossing where i was issued my new work permit.

no finger prints or photo's were taken by the US but at the end of the day i have been refused entry to the US


I currently have an ESTA will the status of this change?

When i come to renew do i have to tick the box for refused entry to the US?

does this make me then not eligible for a ESTA and have to apply for a visa every time i wish to enter the us?

i have seen on the web people referring to this as an administrative refusal but a refusal is a refusal and surly on record although does the of photo and prints mean it is not recorded?

i have read about some people who have had these refusals and just ignored them and have entered the us freely (as freely as CBP let anyone) in blissful ignorance.

i assume that i will be allowed entry to the US but will get pulled aside for secondary screening every time i want to cross the border to explain why its on my record?

I would very much like to here if anyone else is in the same situation and their experiances.
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Old Sep 20th 2012, 3:33 pm
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Default Re: Have i made a big mistake at the US border

thats normall you didnt want to go inti US will do all the fingerprints when you want to go in
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Old Sep 20th 2012, 4:05 pm
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Default Re: Have i made a big mistake at the US border

This is an Adminstrative Refusal of entry and is quite normal.
Will it affect future trips then my guess is No. Will it lead to further scrutiny maybe or maybe not.
Any person entering the US who has no right of entry is subject to an examination and the degree and type of examination is made by the examining officer.
You can have crossed a hundred times and still be referred in for further examination even without a refusal.
Dont worry about it.
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Old Sep 20th 2012, 5:17 pm
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Default Re: Have i made a big mistake at the US border

Originally Posted by johntheScot
I would very much like to here if anyone else is in the same situation and their experiances.
I've done exactly this and have since had absolutely no trouble entering the US. (Via land and air)

The US border official explained to me that this wouldn't count as a "refusal to enter" when filling in the I94 waiver or applying for an ESTA and my experience bears this out.
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Old Sep 20th 2012, 6:12 pm
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Default Re: Have i made a big mistake at the US border

Originally Posted by Former Lancastrian
This is an Adminstrative Refusal of entry and is quite normal.
Will it affect future trips then my guess is No. Will it lead to further scrutiny maybe or maybe not.
Any person entering the US who has no right of entry is subject to an examination and the degree and type of examination is made by the examining officer.
You can have crossed a hundred times and still be referred in for further examination even without a refusal.
Dont worry about it.
I went through the same process - formal refusal to entry when trying to enact my PR for Canada. Over the past 4 years, every single trip to the US has entailed a trip to secondary inspection and a minimum of an hour and a half waiting to be processed further. It's made scheduling flights and journeys a complete PITA. I contacted Homeland Security for redress, got a reply 12 months later which was essentially waffle about the security of the US and their right to do what the hell they like.
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Old Sep 20th 2012, 6:27 pm
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Default Re: Have i made a big mistake at the US border

Originally Posted by R I C H
I went through the same process - formal refusal to entry when trying to enact my PR for Canada. Over the past 4 years, every single trip to the US has entailed a trip to secondary inspection and a minimum of an hour and a half waiting to be processed further. It's made scheduling flights and journeys a complete PITA. I contacted Homeland Security for redress, got a reply 12 months later which was essentially waffle about the security of the US and their right to do what the hell they like.
But many others have done it that way and never had problems. Maybe you look a bit shady to the US authorities
Seriously many have done it without problems. A lot just pay the $6 and get an I94 waiver and go shopping for the day.
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Old Sep 20th 2012, 6:57 pm
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Default Re: Have i made a big mistake at the US border

Originally Posted by R I C H
I went through the same process - formal refusal to entry when trying to enact my PR for Canada. Over the past 4 years, every single trip to the US has entailed a trip to secondary inspection and a minimum of an hour and a half waiting to be processed further. It's made scheduling flights and journeys a complete PITA. I contacted Homeland Security for redress, got a reply 12 months later which was essentially waffle about the security of the US and their right to do what the hell they like.
Would having a Nexus improve your position?
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Old Sep 20th 2012, 7:14 pm
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Default Re: Have i made a big mistake at the US border

Originally Posted by JimboV6
Would having a Nexus improve your position?
I have no idea.
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Old Sep 20th 2012, 10:37 pm
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Default Re: Have i made a big mistake at the US border

Originally Posted by R I C H
I have no idea.
Have you checked into it?
http://www.cbsa-asfc.gc.ca/prog/nexus/menu-eng.html
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Old Sep 21st 2012, 1:58 am
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Default Re: Have i made a big mistake at the US border

Even if you cross only twice per year for the next 5 yrs, I believe it works out cheaper than the I94w, not to mention potential time/hassle savings.

The slightest chance of avoidance of that second screening process and all the fun that that entails must be a tempting scenario.
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Old Sep 21st 2012, 4:13 am
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Default Re: Have i made a big mistake at the US border

Originally Posted by MrWindUpBird
I've done exactly this and have since had absolutely no trouble entering the US. (Via land and air)

The US border official explained to me that this wouldn't count as a "refusal to enter" when filling in the I94 waiver or applying for an ESTA and my experience bears this out.
Out of interest have you answered yes or no to the question on the forms regarding being refused entry?

were you given a letter of refusal at the border or did they just turn you round to the Canadian side?
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Old Sep 21st 2012, 5:59 am
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Default Re: Have i made a big mistake at the US border

Originally Posted by JimboV6
Even if you cross only twice per year for the next 5 yrs, I believe it works out cheaper than the I94w, not to mention potential time/hassle savings.

The slightest chance of avoidance of that second screening process and all the fun that that entails must be a tempting scenario.
If crossing by land you still need the I94 unless you have flown in to states within last 3 months!
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Old Sep 21st 2012, 5:05 pm
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Default Re: Have i made a big mistake at the US border

Originally Posted by johntheScot
Out of interest have you answered yes or no to the question on the forms regarding being refused entry?

were you given a letter of refusal at the border or did they just turn you round to the Canadian side?
I've always ticked the "no" box - that's what the US border official (Who was, incidentally, one of the friendliest I've ever dealt with) told me to do.

They gave me some paperwork to give to the Canadians when I went in to do my work permit - they need this as proof that you've "left" Canada before applying.

Last edited by MrWindUpBird; Sep 21st 2012 at 5:05 pm. Reason: Spelling...
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Old Sep 21st 2012, 6:32 pm
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Default Re: Have i made a big mistake at the US border

I did the same thing and I cross the border every week without a problem.
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Old Sep 21st 2012, 7:06 pm
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Default Re: Have i made a big mistake at the US border

Originally Posted by MrWindUpBird
They gave me some paperwork to give to the Canadians when I went in to do my work permit - they need this as proof that you've "left" Canada before applying.
Is this definitely needed though? Perhaps FL can let us know for sure.

If it isn't needed, what's to stop me just turning round before crossing into the States and joining the line of cars at the Canadian border? (which it looks like I could do quite easily at my 2 local crossings).
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