bluefly05

I have been a student in Canada for several years. In order to do the landing process, I crossed the US border without the US Visa. The US immigration official didn't stamp on my passport for inadmission but gave me the Notice of refusal admission to US and let me submit it to Canadian immigration authority. (He wrote 'Landing' on the Notice by hand.) I was also asked to leave fingerprints and photo.

Now I am going to apply US visitor Visa for attending conference in summer. I obtained US visitor Visa before as I was a student and have been in US for couple times. This week, when I am preparing DS 156, I found the problem, Under the question:

Have you ever been resused admission to the US, or been the subject of a deportation hearing, or sought to obtain or assist others to obtain a visa, entry into the US, or any other US immigraion benefit by fraud or willingful misrepresentation or orher unlawful means?

I am not sure I should click 'yes' or 'no'. I don't know this refused admission is just the matter of the procedure of landing or something else. Experts or experienced friends please advise.

Timeline:
2004.05.14 Submission to Buffalo, Skilled worker
2004.05.24 Buffalo received application
2004.06.21 AOR
2004.09.01 Received AOR
2005.01.20 IA+medical form+updated documents
2005.02.01 Received IA, interview waive
2005.02.09 Mailed out updated documents
2005.02.25 Medical examine
2005.03.08 Doctor sent results to Ottawa
2005.04.11 Passport request
2005.04.18 Received letter of Passport request
2005.04.22 sent out passport
2005.04.25 Buffalo received passport
2005.05.05 Buffalo mailed out passport
2005.05.11 received passport with visa and COPR
2005.05.14 landed

dimon237

I was in exactly the same situation. I was a student. Landed the same way and applied for US Visa a couple of month after. Just check NO since this is technically not a refusal for admission but a withdraw of application for admission. Put the explanation in the cover letter and explain the same when asked at the interview. That is what I did and got a 10 year multiple entry visa.

bluefly05

Thanks for sharing your experience. When I applied US Visa last time, I was asked to submit DS156, DS157, passport and payment receipt first and other supporting documents were not needed (request upon the interview official). May I ask you a little bit detail? When did you submit your cover or explanation letter? Did US official ask you about it?

Since I left photo and fingerprints when landing, I think the record was in their database (I am not sure what immigration official really input into his computer) I just do not want to give the interview official the first impression that I lie or hide something.

Thanks again!

JAJ

If you were refused admission you were refused admission. You must declare it, explain the circumstances and hope for the best.

Others in the same situation, who have not got a visa waiver passport or US tourist visa, should choose their frontier post carefully if planning to 'land' at the land frontier. Some border posts allow you to do a 'round the flagpole' landing with no need to step onto US territory, others don't.

Either that or go somewhere else and fly back to Canada.

Jeremy

dimon237

It is technically not a refusal. Please take a look at a couple of these threads:

http://britishexpats.com/forum/showthread.php?t=277945
http://britishexpats.com/forum/showthread.php?t=277923

I was asking people the same questions. The cover letter is not required. But to formally explain why I said NO in the application question, I just wrote it. When I came for the interview, they asked me only for required documents, however when I talked to the officer and he started asking me questions, he asked if I was ever refused entry and I told him that I wrote NO in the application, but the situation is as follows.... I also metioned that peopled at the border (both Canadian and US) convinced me that it has no bearing on my future abilities to enter the US.

Hope this helps and good luck.

bluefly05

Thanks a lot. I get it.