Originally Posted by lukem23

8CFR 2174(A)(i) - I'm not sure this is 100% correct but thats what it looks like to me

Originally Posted by S Folinsky

Your chances of obtaining a B-2 visa are zero if you don't apply. Guaranteed -- and I don't guarantee much if anything.

BTW, your terminology on why you went up to Canada has me confused.

Originally Posted by ian-mstm

8 CFR 217.4(A)(1):

(A) Determinations of inadmissibility. (1) An alien who applies for admission under the provisions of section 217 of the Act, who is determined by an immigration officer not to be eligible for admission under that section or to be inadmissible to the United States under one or more of the grounds of inadmissibility listed in section 212 of the Act (other than for lack of a visa), or who is in possession of and presents fraudulent or counterfeit travel documents, will be refused admission into the United States and removed. Such refusal and removal shall be made at the level of the port director or officer-in-charge, or an officer acting in that capacity, and shall be effected without referral of the alien to an immigration judge for further inquiry, examination, or hearing, except that an alien who presents himself or herself as an applicant for admission under section 217 of the Act, who applies for asylum in the United States must be issued a Form I–863, Notice of Referral to Immigration Judge, for a proceeding in accordance with §208.2(b)(1) and (2) of this chapter."

Just FYI.

Ian

Originally Posted by lukem23

I had just finished a work visa in the US that amounted to 2 years in total.

I hadn't quite managed to tie all the loose ends up before my visa expired so travelled up to Canada to avoid any unlawful presence.

I had planned on spending a few days in Canada before re-entering the US using the VWP as I have no convictions or any negative anything on my record. I had already booked a flight back to the UK and just needed to sort the last remaining loose ends up before I left.

Needless to say CBP didnt like what I was doing even though I had followed the law in regards to my visa. They denied me entry in Canada on the VWP and said if I wanted to come back to the US then I would need a visa period, even for vacation. I am quite upset about not being able to use the VWP ever again because they thought wrong about my intentions.

I wasnt really happy about the whole thing but I can understand why they thought I wasnt going to do what I had intended but I guess thats what you get for following the rules.

Luckily, I have managed to get back into the groove of things in the UK and have a job. I would like to go to the US over the holidays to see my girlfriend who lives there. What are the chances of getting say a B2 visa for a couple of weeks in December, meaning I would have spent some 6 months away from the US?

Thanks!!

Originally Posted by Rete

What has Canada's refusal of entry got to do with using the VWP to enter the US? Two different countries.

Originally Posted by lukem23

Needless to say CBP didnt like what I was doing even though I had followed the law in regards to my visa. They denied me entry in Canada on the VWP and said if I wanted to come back to the US then I would need a visa period, even for vacation. I am quite upset about not being able to use the VWP ever again because they thought wrong about my intentions.

Thanks!!

Originally Posted by lukem23

US CBP is located in Vancouver airport so that's what I mean when I say I was refused entry into the US by US authorities in Canada.

Originally Posted by Rete

No what you said is that you were denied entry into Canada. At the Vancouver Airport you were not inspected by the US Customs Agents but by the Canadian Agents. You are inspected by the US when you are going from Canada into the US.

As someone who is married to a Canuck and has traveled by air landing in Ottawa and Toronto and having flown from Toronto to Vancouver to board a ship, it has always been that way.

Originally Posted by lukem23

They denied me entry in Canada on the VWP

Originally Posted by Rete

No what you said is that you were denied entry into Canada

Originally Posted by lukem23

The last thing I want is a visa denial on my record especially if it is because of something trivial. .

Originally Posted by lukem23

US CBP is located in Vancouver airport so that's what I mean when I say I was refused entry into the US by US authorities in Canada.

Originally Posted by GeoffM

Getting a bit hung up on the wording there. You've actually changed the OP's wording from "in Canada" to "inTO Canada" which has a different meaning in my book, especially given the whole context.

Originally Posted by crg

It's not that uncommon for a J-1 to depart and reenter successfully for a VWP visit. I'm not sure why you weren't successful, but apparently they had a problem with you. What was the program end date on your SEVIS DS-2019 and when did you actually depart the US? You hired a lawyer who advised you to just go to Canada and back?

Originally Posted by lukem23

My visa expired January 2011 but was extended for 6 months which took me up to July 2011. The company I work for has an immigration lawyer and didn't really envisage too many problems about what I did seeing as I had a one way ticket back to the UK for August 2011. I was told to expect a few questions about why I was coming back to the US so soon at CBP but should have been ok.

Originally Posted by lukem23

Yes that's right. I was already in Canada when attempting to get on my return flight to the US from Vancouver. After spending about 3 hours with US Customs, they said no thanks and then handed me over to Canadian officials who then kept me another 2 hours whilst I managed to buy another flight back to the UK. Great way to be made to feel like a criminal. I wouldn't mind if I had done something incriminating!!

Originally Posted by lukem23

I might add that I did leave the US borders before the date on my DS-2019