ian-mstm

They likely made him eat poutine!

Ian

S Folinsky

I also wonder if the Dark Forces did OP a favor by handling him under the VWP? Or was this because he was a PFI in Canada? This is quite complicated and would make a good law school class question.

lukem23

I did need more time hence leaving the US.

I didn't leave 30 days before my visa expired, only the day before. Where did you get 30 days from?

lukem23

I quite like poutine!!!

lukem23

That's just the way it felt to me. I'm sure they were just following their protocol for dealing with refusals from the US. Then again, I've never been in a situation like that before so who knows!!

S Folinsky

In Post #28 above, you stated you left before the expiry date on the DS-2019. Are now saying that you left 29 days after the expiry date on the DS-2019? I think you can see the source of my confusion inasmuch as J's are admitted "D/S" which is the expiry of the DS-2019 plus 30 days. I took post #28 at face value.

Rete

I gotcha. Just for the record I read and interpreted his sentence to mean that he was denied entry into Canada under the VWP not that he was in Canada and trying to return to the US.

S Folinsky

I know that when I have transited via Canada, it was strange going through immigration twice. It seems that perhaps OP went through Canadian immigration three times.

I can see that his original post can be read either way. In OP's upset, it seems that we can't get a straight story.

lukem23

Ah I see what you mean. I left at the last possible opportunity before I would have starting accruing any unlawful presence which was July 17. My original J-1 expired on January 17 and then the extension took me to July 17.

Apfelkuchen

I'm so confused now. Didn't he just mean that when he tried to come back into the US at CBP preclearance in Vancouver he was denied entry there? Where does Canadian immigration come in (other than holding him after he was denied US entry until he booked his flight from Canada back to the UK)?

Whenever I have transited to the US through Canada (at either Vancouver, Calgary or Toronto) I have always gone through US customs and immigration there.

lukem23

I know!! One person is interpreting it one way and somebody else another! I'll try to explain in a little more detail.

I had to leave by July 17 at the very latest. I took a flight on July 16 to Vancouver. Got to Canadian customs and they stamped me into Canada with no problems. Whilst in Canada, I made sure to apply with ESTA as per the law under the VWP bearing in mind my visa had expired. ESTA had approved me for travel at that point. My return flight was on July 20. Checked in, passed through security and followed the signs for all US flights which leads to US CBP. Then I spent 3 hours with an US officer who interviewed me and ultimately decided I wasn't allowed back in. They didn't like the fact I was returning to the country so soon after finishing a work visa. I was asked a lot of questions about my work and such. I got the feeling they thought I was planning on continuing work in the US. The officer said to wait for a Canadian officer to collect me and hand me 'back' to Canada. He then spent 2 hours with me pretty much going over the same stuff as with the US officer and once I had purchased a flight back to the UK for the next day, I was told I could leave the airport at that point but had to hand over my passport until it was time to check in for my flight. I suppose that is where I felt criminalized but I know it was only their job to take precautions.

lukem23

Yes that is correct. Went through US CBP at Vancouver, denied entry and handed over to Canadian officials who made sure I had booked a flight back to the UK before being free to leave.

Apfelkuchen

I find that very easy to empathize with. Even though they are only doing their job I'm sure plenty of law abiding people would still find the situation intimidating.

ian-mstm

I think Mr. Folinsky's point is that you are allowed an additional 30 days after expiry to settle your affairs. Perhaps you weren't aware of that initially, which prompted your trip to Canada. Sure would have saved you a headache!

Ian

lukem23

I did ask my lawyer about the 30 days grace but I was told that since I had acquired an extension, the date that was on my updated I-94 card was the date I was legally allowed to be in the US by, and the I-94 said July 17.