Ruslan124

Sorry this is not really immigration but this is the closest match for teh advice I need. I am sure you guys can help or at least point me in the right direction.

I have a Canadian friend who is currently working on a temporary company transfer from her Canadian employer to one of their facilities in California (for over a year now). At the weekend her brother who is also a Canadian Citizen set off from Vancouver to go and visit his sister but unfortunately he was refused entry by US Immigration. He does not work so it is likely the guy thought he was planning to stay and work illegaly in the US. When he went to visit last year, he did not have this problem and after a week or so in the US returned to Vancouver.

He has been told in order to gain entry he has to show ties in Canada. He lives in his parents house with his Grandparents and officially his two sisters. He has no kids and no wife. What kind of ties can he show to convince US immigration to permit him to enter for a visit. He has a return ticket for the flight and his sister will be supporting him during his visit.

Any advice would be greatly appreciated.

Thanks

crg

It sounds like it may be too difficult to meet his burden of proof. How old is this person? Are they in school? Why isn't he employed? How does he support himself while in Canada? If he can't show a means of support in Canada, they assume he's already working in the US or seeking to do so.

The law is written to presume he is seeking to immigrate so it could be an uphill battle. They used to allow someone to post a departure bond, but they don't do that anymore.

Ruslan124

He is early 20's and has not been able to find a job since he left an art course he was on. He is supported by his family.

What would happen if he tried again to cross the border at a different location, driving instead of flying.

crg

If he tries to go "port shopping" and gets caught they could order him technically removed.

He may want to concentrate on getting a job before he takes a vacation. Then he can bring pay stubs.

CHARLOTTE

There are a couple more options, depending on how much he wants to see
his sister.
First, its really important to remember that the border officer can
ALWAYS refuse entry at their discretion, regardless of what paperwork
you may have. Its a risk everyone takes when crossing the border.
OK, options--he can apply for a B visa at the American Consulate.
Generally speaking, he wouldn't need one unless he was going to stay
for longer than his VWP would allow, but it does assure the border
officer that he has been through an interview and check before he gets
to the border. I would most certainly explain what happened to the
consulate officer. One thing you NEVER do is try to fib to the INS
guys.

Second, he may have absolutely no problem crossing if he has a
different officer inspect him with his current documentation. However,
the border folks keep a database of people they've turned back. If the
officer put him in there, if the officer doesn't renew the data entry
after 90 days (I think) the system will automatically drop the record
of his failed attempt to enter.

If it were MY brother, I would get a letter of invitation (see form
I-134 on uscis site) from my sister--an affidavit from my parents
stating that I live at home and they support me and even a copy of
their will if he stands to inherit, because property ownership is a
strong indication of intent to return.

Also a file of job apps that he's filled out and responses from
prospective employers, or maybe registration stuff from college if he's
continuing his education, etc.

Employment is definitely not the only way to show intent to return.

Then I'd head back to the border and BEFORE they run the passport, tell
them about the last time and that he gathered up some stuff that might
help show ties and a method of support (invitation from sister) while
he's in the US--and take the attitude that he is asking THEM for help
on this, and if there is something else he might be able to produce for
them so he can visit his sister??? Work WITH them. If he doesn't get
a total ass for a border officer, it should work out okay. The
invitation from the sister promising to support him while he visits is
really important.

There are more ways to show ties than just employment, and just because
one jerk turned him away doesn't mean another officer would do the
same.

Char

tom

Good points. Except for the B Visa part - since he is Canadian, he
cannot get a visitor visa at the consulate. Canadians are visa-exempt.
Even if they need to work in the US (like on H1B status), they would
apply at the border, and not at the consulate - I think.

CHARLOTTE

Hmmm, I'll have to recheck on that. I haven't spent much time dealing
with B visas from Canada, generally its an issue with VWP countries,
which Canada no longer is.
Thanks,
Char

Ruslan124

Thanks all, your advice is very much appreciated.