kryt0n

Hi all,

I flagpoled at the USA boarder to get a visa over a year ago. I have since got my ESTA visa and have been to the states with no issue.

When answering 'have you been refused entry to another country' in EE PR application do I say yes and explain the situation or no... Was i refused?

I called Coutts/Sweetgrass directly when applying for my ESTA 3 times who said I wasn't refused, the third time I was passed to a 'supervisor' who said it was administrative and meant nothing to the USA.

No fingerprints, photos or passport stamp was issued.

Also, on the 'refusal' letter we got at the USA boarder the spelt my boyfriends surname wrong.

Anyone have any suggestions? I have googled and looked at many forums, some saying it wasn't a refusal, others saying it was.

ElisaH

Hi, 100% put no. When you did the flag pole, as we did, they will tell you that you have been refused entry but this does not go on your record. Its a formality so that you can turn around an re-enter Canada.
I have an ESTA and have put that I have never been refused entry and have travelled to the USA 4 times now with no issues.

Hope that helps

kryt0n

Thank you. You sound so certain! But won't they look at how we 'landed' to activate our second visa? Would it not be prudent to say we aren't sure if we were rather than risk a misrepresentation issue?

ElisaH

I rounded the flagpole in Jan 2012, got refused entry and directed/escorted back to the Canadian border. We completed our PR application, and then headed into the US spending the weekend in Great Falls before coming 'home' to Calgary. Since then I have travelled 4 times to the USA (flying) on an ESTA on which I declared that I had not been refused entry to the US. That is my experience. Tick no, and if I'm wrong and they stick you down in Guantanamo Bay, I will buy you a pint

kryt0n

Thank you
I'm not worried about getting back into the states...dont care if I ever do go back! I just want to know what to put for my Canadian PR.
Is an administrative refusal still a refusal?

Former Lancastrian

The clue is in the Administrative Refusal written on the paperwork. It will show up on the US system but USCBP don't use it to deny further entrance to the USA.
So my advice is to tick Yes as you were refused entry into the USA for administrative reasons as opposed to criminality or other enforcement. Many have done this without problems but a couple have had problems depending on the USCBP officer.

sms1984

We got a refused basically because the USA wanted our work permits activated first, we did that then an hour later tried again, then were admitted to the USA but we always tick yes and quote the exact reason of the refusal. Why would you lie when it's so important?

sms1984

Why would you advise someone to lie? Really stupid when it's something so important.

kryt0n

Thank you, by problems what do you mean? Problems with PR?

Former Lancastrian

No with entering the US not gaining PR status.

kryt0n

Thank you. I'd rather state it to CIC rather than not. Good job our last app for temp res was refused because there was no answer on lmia as I ticked no then.

It only occured to me recently it might be an issue. I really don't want to even accidentally lie in PR app.

kryt0n

Just to add to this.:

http://www.canadavisa.com/canada-immigration-discussion-board/how-do-prove-i-did-not-misrepresent-myself-on-my-open-work-permit-application-t243122.0.html

I would never have thought to mention our refused Canada visas ... I mean, they have the records! Good job I saw this.

roxye3

Every time I swung around the flagpole I did not even get to US officials. I got halfway across, remembered that I'd left the gas oven on, palm planted my face and then walked right back to Canada. DONE! No point messing around with the yanks.

PMM

Hi



1. Maybe for you, but most CBSA officers insist on the "administrative rejection" letter from the US.

Former Lancastrian

Doing it that way has it risks as when entering Canada if not satisfied CBSA could refuse you and send you back to the USA. We would issue documentation and then when you got to the US they would have to take you and you would then be stuck in the USA.
As PMM said either get the Administrative Refusal letter or pray to god all of your paperwork is in order and you are admitted to Canada otherwise enjoy your stay in the USA.