ukfanhere

Hey I have just found this site after much searching. I am in need of some help with a query I have about the visa waiver programme. I see that there are a couple of threads already about the subject but as my own query is actually different, I thought I'd start a new one in the hope of getting some answers....

To cut a long story short, I had a permit to work in Canada last year. My original aim was to fly into the US for a months holiday then go straight to Vancouver for the remainder of my time. I did fly into the US with no probs then into my 2nd week I met a girl. After much deliberation, I stayed until my visa waiver was up and headed to Canada. I only stayed there for 8 weeks as the recession had kicked in and I couldn't get a job as the one I was going for went due to me staying in the US (the things we do for love!) I had decided to head back to California for another month to see the girl then head home and really decide what I was going to do with my life.

Heres the problem...at Vancouver airport, I was held for an hour or so as they seemed to think I was being fraudulant. I understand that entering Canada from the US is not deemed as leaving the US so you need a B2. I explained that as I had a work permit I didn't think this necessary as on another immigration website I went on had said that I wouldn't have needed one. also checked with US immigration when leaving about it and was told to hand in my green form on leaving. Also on the Canadian US Embassy site, it spoke about people entering from the US and then leaving again. Although rules were changed to stop frequent abusers, it did say that many officials do make allowances for people they deem to be genuine. The guy I had was quite rude and scary but I stood my ground as I had nothing to hide or fear. I had money, a flight out of the US and an address of where I was staying. I waited a while then he said he would let me in but I had to leave on the date my flight was booked for otherwise they think I was lying. In my passport he stamped the page with the visa waiver buy changed the date by hand to the date my flight was booked for. Needless to say I did get into the US, spent my 4 weeks there and left on the day I said I was (although I did find a cheaper flight for the same day and took that instead)

So I have now been home over a year. I really want to go back to the US but not sure if I am going to have problems. I know I could apply for B2 visa but was turned down about 5 years ago due to not having enough info (which if I am honest, I agreed with their decision) The agent was quite stern but did say she didn't think I was trying to do anything illegally. I had been to the US numerous times since and never incurred any problems other than the Canada to US journey last year.

I am thinking that seeing as I was actually let in, and left on the day I said and haven't been back for a year I should be ok. I saw a link for a site which tells you about getting all the info thats kept on your file. I would like to do this but not sure what I will find out. Is it just your flight and date info or also information the officers have put in there? Also will it look a little suspicious if I am interested in whats being held about me? I have no criminal record, never overstayed a visa, never been in trouble in the US but I am shit scared of the US border control.

Please give me any advice, as I will be very greatful!

Noorah101

I don't see anything in your scenario that would prevent you from using the VWP again, as long as you never overstayed it before. You've been outside the USA a good amount of time now, so I'd say chances are good that you'll be let in.

Don't forget to do the pre-clearance ESTA before you go, and don't forget you have to let them know you were refused a visa in the past (the B2 from 5 years ago).

Rene

ukfanhere

Thanks for your speedy reply. It is refreshing to hear a positive comment as I have been so unsure about it for a while. I know about the ESTA clearence though do I have to state I was turned down? I don't think I did on the old green forms and no one actually said anything. That would actually bring it to light and maybe turn me down. Like I said I have never overstayed I have only ever done 2, 90 day stays, all the rest have been short trips with big gaps in between. I would still be interested to find out what is on my file though but not sure if thst would stir up unwanted attention too?

Jerseygirl

I'd like to take a look at the website that can give you the information US Immigration has in it's computer system.

Noorah101

I thought one of the questions on the I-94W was "have you ever been refused a visa?" I could be wrong.

If that question is on ESTA, then yes, you have to declare it.

Rene

Rete

Where and when was he refused a visa?

The VWP is not a visa and even if it is considered one by some, he was allowed into the US under the VWP but, at the discretion of the agent at the POE, his stay was less than the 90 days normally given. This, too, is normal as it is their right to do so at their discretion.

Jerseygirl

He said he was refused a B2 visa about 5 years ago.

Noorah101

Fourth paragraph into his post, where he says:

I know I could apply for B2 visa but was turned down about 5 years ago due to not having enough info (which if I am honest, I agreed with their decision)

Rene

discoviking

He said in his first post that he was turned down for a B2 about 5 years ago.

Jerseygirl

Snap, snap, snap.

meauxna

What else is there you want to tell us, g'wan, you can.

Elvira

ye of suspicious mind

meauxna

I just think the young man carries a burden on his heart and we can help him relieve it. Also, I haven't seen the Reverend around for so long; his services are clearly needed.

fatbrit

Burdens of the loins are more the Reverend's cup of tea.

meauxna

(this may be one of those, too)