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confusion over immigrant intent!!!!

confusion over immigrant intent!!!!

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Old Mar 3rd 2009, 1:01 am
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Default confusion over immigrant intent!!!!

Ok guys

As some of you know, I was stopped at the border last week, held for 2 hours, grilled, blah. Ok, so now I have thought lots about the incident I am confused...........how is it you are allowed to own a property in the US, rent a property in the US,attend courses etc, and yet when you are dating an Amercan you get the third degree even though its clear you reside in your home country????

so, what evidence would they need to see to justify a ban???? I have read blogs of people banned that have blatantly been living in the US and really screwed up, so I am very curios.........any feedback would be good!
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Old Mar 3rd 2009, 3:09 am
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Default Re: confusion over immigrant intent!!!!

Originally Posted by London7
even though its clear you reside in your home country????
obviously not clear or persuasive ENOUGH I would guess
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Old Mar 3rd 2009, 5:04 am
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Default Re: confusion over immigrant intent!!!!

Originally Posted by London7
so, what evidence would they need to see to justify a ban????
Hi:

This one is easy: none.

It pays to remember that one should never compare the CBP to the Gestapo. Unlike CBP, the Gestapo had rules they had to follow. Most reasonable people disagree with those rules, but they did follow them. [credit to my late friend Monica Stoltze -- whose sense of irony made the practice of immigration law easier].
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Old Mar 3rd 2009, 2:48 pm
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Default Re: confusion over immigrant intent!!!!

Originally Posted by Folinskyinla
Hi:

This one is easy: none.

It pays to remember that one should never compare the CBP to the Gestapo. Unlike CBP, the Gestapo had rules they had to follow. Most reasonable people disagree with those rules, but they did follow them. [credit to my late friend Monica Stoltze -- whose sense of irony made the practice of immigration law easier].
Ha! Mr F! I am glad you replied....thank you!

Ok, so on a positive note then....I got the Officer from hell,and he let me in, (after 2.5 hours grilling, no bathroom breaks,water torture)so my next question should be........what should I do/carry with me etc to ensure I can get in on my next visit (10 days from now).

AND.........what is secondary?????? I was not taken into a private room or anything, he just kept calling me up to a counter, where everyone else was, then telling me to sit back down, he only asked my US boyfriend 1 question, to confirm his address.

AND finally...........once they have stopped you for this questioning, are you flagged on the computer??????
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Old Mar 3rd 2009, 2:53 pm
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Default Re: confusion over immigrant intent!!!!

Originally Posted by London7
Ok guys

As some of you know, I was stopped at the border last week, held for 2 hours, grilled, blah. Ok, so now I have thought lots about the incident I am confused...........how is it you are allowed to own a property in the US, rent a property in the US,attend courses etc, and yet when you are dating an Amercan you get the third degree even though its clear you reside in your home country????

so, what evidence would they need to see to justify a ban???? I have read blogs of people banned that have blatantly been living in the US and really screwed up, so I am very curios.........any feedback would be good!

Simple owning a home, or renting a property does not mean you can obtain an immigration visa. You are allowed to owe and rent property without holding a green card or a valid visa allowing you to live in the US. Attending classes is a no-no, unless you have a F-1 student visa.

However, having a US love interest means the chances of your marrying and remaining to adjust status without going through the prescribed legal processing outside of the US for the right to live and work in the US is very high.

Being refused entry does not mean you are banned and I don't know why you would assume there is.
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Old Mar 3rd 2009, 2:57 pm
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Default Re: confusion over immigrant intent!!!!

Originally Posted by London7
Ha! Mr F! I am glad you replied....thank you!

Ok, so on a positive note then....I got the Officer from hell,and he let me in, (after 2.5 hours grilling, no bathroom breaks,water torture)so my next question should be........what should I do/carry with me etc to ensure I can get in on my next visit (10 days from now).

AND.........what is secondary?????? I was not taken into a private room or anything, he just kept calling me up to a counter, where everyone else was, then telling me to sit back down, he only asked my US boyfriend 1 question, to confirm his address.

AND finally...........once they have stopped you for this questioning, are you flagged on the computer??????
Yes, you are forever flagged on their computer. Secondary is exactly where you were. You were in a room with a bench/counter and chairs for visitors. You were not in the main terminal room but taken off the line and taken to secondary for questioning/processing.

Of course, he did not deal with your USC boyfriend. He has the right to enter his own country. You, as a foreign, do not.
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Old Mar 3rd 2009, 3:28 pm
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Default Re: confusion over immigrant intent!!!!

Originally Posted by London7
what should I do/carry with me etc to ensure I can get in on my next visit (10 days from now).
Sorry - did they eventually let you in? When did you leave the US?

There isn't anything you can do to ENSURE you can get in on your next visit. But, if there is less than 2 weeks between your visits and you've already been flagged, you may have even less of a chance of getting in - especially with breezing past secondary on your way in.
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Old Mar 3rd 2009, 3:28 pm
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Default Re: confusion over immigrant intent!!!!

Originally Posted by London7
Ok, so on a positive note then....I got the Officer from hell,and he let me in, (after 2.5 hours grilling, no bathroom breaks,water torture)so my next question should be........what should I do/carry with me etc to ensure I can get in on my next visit (10 days from now).
Proof of STRONG ties to the UK and intent to return.
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Old Mar 3rd 2009, 3:51 pm
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Default Re: confusion over immigrant intent!!!!

Originally Posted by London7
when you are dating an Amercan you get the third degree even though its clear you reside in your home country????

Ok, so on a positive note then....I got the Officer from hell,and he let me in, (after 2.5 hours grilling, no bathroom breaks,water torture)so my next question should be........what should I do/carry with me etc to ensure I can get in on my next visit (10 days from now).
You are going back already?!


Water *torture*?
Words are powerful things, Counselor. Be careful with them.

And Canada is *not* your home country, correct?
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Old Mar 3rd 2009, 4:25 pm
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Default Re: confusion over immigrant intent!!!!

Originally Posted by Rete
Yes, you are forever flagged on their computer. Secondary is exactly where you were. You were in a room with a bench/counter and chairs for visitors. You were not in the main terminal room but taken off the line and taken to secondary for questioning/processing.

Of course, he did not deal with your USC boyfriend. He has the right to enter his own country. You, as a foreign, do not.
Hi
I was in the main terminal, they did not take me off into any other space.I was with other members of the public being questioned, all very informal. the officer kept walking off, coming back etc.............I am guessing this may not be secondary then.
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Old Mar 3rd 2009, 4:26 pm
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Default Re: confusion over immigrant intent!!!!

Originally Posted by meauxna
You are going back already?!


Water *torture*?
Words are powerful things, Counselor. Be careful with them.

And Canada is *not* your home country, correct?

Canada is my home country, I live in BC, I am a Canadian citizen and Uk citizen. i live 15 mins from the border.
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Old Mar 3rd 2009, 4:28 pm
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Default Re: confusion over immigrant intent!!!!

Originally Posted by snowbunny
Proof of STRONG ties to the UK and intent to return.
I do not live in the UK, I am english, but live in BC, am a Canadian citizen and live 15 mins from the US border and date a US citizen in Seattle (2.5 hours away)
But, like most Canadians who live so close to the border, I cross reguarly for shopping, hairdressers, etc, this is all very normal is border communities.
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Old Mar 3rd 2009, 4:30 pm
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Default Re: confusion over immigrant intent!!!!

Originally Posted by olliewat
Sorry - did they eventually let you in? When did you leave the US?

There isn't anything you can do to ENSURE you can get in on your next visit. But, if there is less than 2 weeks between your visits and you've already been flagged, you may have even less of a chance of getting in - especially with breezing past secondary on your way in.

Yes, i got a real nasty officer (usually the officers are lovely at my border, they joke with me, tell me to hurry up and get married blah), but on this occasion i was travelling with my boyfriend,and they questioned me, searched my car, then gave me a long lecture on always proving ties to Canada, because i cross alot. My confusion has been around reading horror stories of bans etc.
Also, i plan to take advantage of the TN visa in the fall, and do not want anything to jeapordise that
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Old Mar 3rd 2009, 4:31 pm
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Default Re: confusion over immigrant intent!!!!

Originally Posted by London7
I do not live in the UK, I am english, but live in BC, am a Canadian citizen and live 15 mins from the US border and date a US citizen in Seattle (2.5 hours away)
But, like most Canadians who live so close to the border, I cross reguarly for shopping, hairdressers, etc, this is all very normal is border communities.
Apologies. However, you've now been flagged as an overstay risk. You are not the average Canadian looking for a good deal at an American store.

Strong ties to CANADA, then, and evidence that you will return to Canada. And if you want a TN visa (and are eligible) then you must be sure not to make errors during your personal visits to the US, the worst of which would be to lie to USCIS.
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Old Mar 3rd 2009, 4:32 pm
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Default Re: confusion over immigrant intent!!!!

Originally Posted by Rete
Simple owning a home, or renting a property does not mean you can obtain an immigration visa. You are allowed to owe and rent property without holding a green card or a valid visa allowing you to live in the US. Attending classes is a no-no, unless you have a F-1 student visa.

However, having a US love interest means the chances of your marrying and remaining to adjust status without going through the prescribed legal processing outside of the US for the right to live and work in the US is very high.

Being refused entry does not mean you are banned and I don't know why you would assume there is.
You can attend classes if they are non accredited and short,I just sat a 5 week bar review course in seattle, the officers at the border let me do that with no problem.
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