Refused entry to USA...

[DisneYE]

OK. here's a tough one, I think. Looking for advice.

I live in Toronto and have a Canadian passport and live close to Buffalo. I go there frequently as my wife has a company and I help her out by going there to pay for some warehouse space she has leased and check on product stored there..

Last Friday I was refused entry due to frequent crossings (i go there about once a month). Letter from CBP says "refused entry to US"..
I was told I could return on personal grounds but they considered my previous crossings as "work"... even though I only go there for a few hours..

Has anyone experienced something like this? Or know of someone who has?

My upcoming trip to FL and DCL sailing is 3 weeks away and I'm a bit nervous I might be refused entry..we fly out of Toronto...

Any advice/comments on similar experiences is much appreciated...

 

[lanejudy]

I would check with your local (Canadian) immigration office to see what they think. Is it possible if you are claiming "work" as the reason for your visit, there's some form of work visa required? I didn't think one is needed between Canada and US, but my crossings are all considered personal. Another angle might be tax-related -- again, coming to the US for "work" they could be looking into whether taxes should be paid. I'm thinking it's something that can be straightened out, but you've clearly caused a red-flag. Again, I'd consult your local immigration office to ask abour rules related to work-crossings -- they likely know what's required to enter the U.S. for work and can point you in the right direction. I'd definitely try to get it cleared up before your cruise.

Good luck!

 

[JohnDS]

Found this.

http://www.visaplace.com/blog-immig...ed/i-was-denied-entry-to-the-us-what-do-i-do/


https://help.cbp.gov/app/answers/detail/a_id/757

good luck.

 

[Autumnslight]

Is there a phone number in the letter that you can call? That's very strange. I live in Buffalo, and there are TONS of Canadians who come over here at least once a month, or even more often, just to do shopping and stuff. I know of a couple Canadians who come over here to do their grocery shopping every week or two, because the prices are better, and as far as I'm aware, they've never had an issue.

 

[ShakeyShakey]

Neither Canada Immigration or the Canada Border Services Agency will be able to assist - your best bet is to contact the US Consulate in Toronto for assistance. If may be difficult to navigate through the bureaucracy via telephone, so trip to their Consulate downtown may be your best bet.

This CBP Q&A document provides some limited info https://help.cbp.gov/app/answers/detail/a_id/1097/kw/refusal%20of%20entry%20to.usa/session/L3RpbWUvMTM5MjY3MjkyNC9zaWQvc3U0RTFiTmw%3D/suggested/1 but I wouldn't expect a lot of assistance by contacting US Customs and Border Protection directly.

Another source of assistance may be an Immigration Lawyer, someone who is authorized to represent you in both countries (Canada and US) may be needed.

 

[ShakeyShakey]

Another link from CBP to apply for a waiver...https://help.cbp.gov/app/answers/detail/a_id/760/kw/refused%20entry depending on the circumstances of your refusal.

 

[DisneYE]

Is there a phone number in the letter that you can call? That's very strange. I live in Buffalo, and there are TONS of Canadians who come over here at least once a month, or even more often, just to do shopping and stuff. I know of a couple Canadians who come over here to do their grocery shopping every week or two, because the prices are better, and as far as I'm aware, they've never had an issue.

Thanks...
And thanks to the others that replied.

I guess I paid the price of being honest..
I could've said I'm just going to shop for groceries and that wouldn't have been a problem..

Problem was when I said I was going to check on product my wife's company has stored at a warehouse in Buffalo... And since I've done this every month (drop off cheques, check the product, grab mail) I guess they saw this at CPB as "work" even though it's not (but it is in their eyes)..

I already talked to an immigration lawyer In Bflo and I was told I'm literally at the mercy of the CPB officer I get at the airport but to bring all paperwork pertaining to the trip to demonstrate I am going for vacation purposes and not work..

Pretty asinine experience to say the least and I cannot believe the level of obtuseness I encountered.

I will call the CBP and perhaps even go to the consulate for advice..

 

[Autumnslight]

Ohhh, I see. I misunderstood. I didn't realize you had specifically told them you were coming over for business purposes. That does make sense now.

You should be okay with the flight to Orlando though, as long as you get an even slightly reasonable customs agent. You flying out of Toronto and to Orlando, presumably with your family, would be entirely different from your "usual" pattern of crossing by car into the Buffalo area, presumably by yourself. And if you have all the proper documentation to show that you're going on a cruise, then it really shouldn't be a problem.

Good luck!

 

[Autumnslight]

Problem was when I said I was going to check on product my wife's company has stored at a warehouse in Buffalo... And since I've done this every month (drop off cheques, check the product, grab mail) I guess they saw this at CPB as "work" even though it's not (but it is in their eyes)..

Yep, that's definitely the problem. From a U.S. perspective, what you're doing is coming to the U.S. to conduct business in the U.S. There can be major U.S. tax implications to a foreign person conducting business in the U.S., and the U.S. isn't going to allow that to be happening without the appropriate documentation and procedures. You'll probably need to get some additional advice/help from an immigration attorney or the consulate to get whole situation squared away.

 

[roxy84]

It sounds like the main issue why you were refused entry was because the purpose of your visit was work, which would require specific visas from the US.

It sounds like you should be allowed entry into the USA for your trip, as long as you are going for personal reasons and not work (or deemed work by USA customs). I would bring that letter, and proof of your intention of why you are going to the US - Plane ticket back home, cruise documents, hotel documents - stuff you would normally bring anyways, just have them accessible.

You will go through customs at Pearson, and be prepared - they may pull you to a side room to further question you or even search your bags.

If you want more advice - I would check in with an US immigration lawyer as they can give you the best advice on your situation (not only for your upcoming trip but future visits ). Goodluck!

 

[DisneYE]

Ohhh, I see. I misunderstood. I didn't realize you had specifically told them you were coming over for business purposes. That does make sense now.

You should be okay with the flight to Orlando though, as long as you get an even slightly reasonable customs agent. You flying out of Toronto and to Orlando, presumably with your family, would be entirely different from your "usual" pattern of crossing by car into the Buffalo area, presumably by yourself. And if you have all the proper documentation to show that you're going on a cruise, then it really shouldn't be a problem.

Good luck!

thanks again..I'm inclined to think as you do.
and that's kinda what the imm. lawyer said. Bring the hotel and cruise reservations, which I have, of course. plus i will bring bank statements, my mortgage papers, house title,etc..

what I'm scared of is if I get *that* type of officer at the airport and get denied entry because he/she was having a rough day..

I will call the lawyer again and find out if she'd recommend going to the consulate or calling the CBP at the airport...

 

[MaleficentRN]

Don't beat yourself up. If you had said you were "shopping for groceries" and it was found you were help your wife, you'd never be permitted entry into the US again.
Bring your papers with you, avoid Buffalo for the time being and apply for the V1 visa. Good luck!

 

[sushi2]

I have crossed the border for business as well as pleasure countless times. The advice above is good (i.e., ensure that you are bringing all of your trip papers with you, and absolutely no business-related items), but the other thing to make sure is that you give yourself LOTS of extra time at the airport. I've been called aside a few times, and let me tell you, flight or not, US customs will not be in any hurry sort out the situation. You could very well miss your flight if you don't allow an extra hour or two just in case.

(Assuming your wife is traveling with you, she should be prepared for some questions as well, given that this is her business.)

Good luck!

 

[scm]

For what it's worth- being a frequent border crosser for decades- I would not attempt another crossing until you get that red flag removed. "Depending on the kindness of strangers" often turns out poorly.

 

[DisneYE]

I have crossed the border for business as well as pleasure countless times. The advice above is good (i.e., ensure that you are bringing all of your trip papers with you, and absolutely no business-related items), but the other thing to make sure is that you give yourself LOTS of extra time at the airport. I've been called aside a few times, and let me tell you, flight or not, US customs will not be in any hurry sort out the situation. You could very well miss your flight if you don't allow an extra hour or two just in case.

(Assuming your wife is traveling with you, she should be prepared for some questions as well, given that this is her business.)

Good luck!

Thanks...yep. in light of this, at least 4 hours prior to flight.
do you mind me asking...if you've been called aside various times, were you 'flagged' because of being pulled aside? do you have an L1, E2 visas? just curious as to the reasons a 'normal' person gets further questioned...tia..

 

[DisneYE]

For what it's worth- being a frequent border crosser for decades- I would not attempt another crossing until you get that red flag removed. "Depending on the kindness of strangers" often turns out poorly.

I guess I will seek further legal immigration advice... Since it is not my intention to work in the US, and will not pursue a work visa in the near future, I will have to inquire how do I go about removing this red flag...if you have any personal experience on this I would appreciate you contacting me via PM...

 

[bumbershoot]

I think it's pretty important to answer the question they are truly asking. Are they asking "are you doing something to help out with someone else's work?" Or are they asking "are you doing something that will make you or your company money, which is what Work is?"

It's the latter. Your actions are just helping out. Checking on things. You're not furthering the business or making anyone money. So it's not "work". Don't be complicated at border crossings.

 

[sushi2]

Thanks...yep. in light of this, at least 4 hours prior to flight.
do you mind me asking...if you've been called aside various times, were you 'flagged' because of being pulled aside? do you have an L1, E2 visas? just curious as to the reasons a 'normal' person gets further questioned...tia..

I don't think I've ever been flagged? I've never been denied entry (-though I've come close to being denied work visas a couple of times, but that's a different story). I've held various visas.

Really, the reasons I've been pulled aside have been minor (I think?). One time they didn't like my photographer's information on my citizenship photo, another time the visa stamp in my passport had been stamped with the
wrong colour ink (by THEM) and apparently that was a big deal, another time still I had catfood with me that contained beef, etc etc. That kind of thing.

Some experiences were pretty painless (just took a bit of time), and others were a bit more stressful.

I wish I could offer some more concrete advice. Best of luck.
(You'll have to come back after your trip, and report back how the crossing was no big deal and you spent 4 extra hours at the airport for nothing. Here's hoping!)

 

[Autumnslight]

I think it's pretty important to answer the question they are truly asking. Are they asking "are you doing something to help out with someone else's work?" Or are they asking "are you doing something that will make you or your company money, which is what Work is?"

It's the latter. Your actions are just helping out. Checking on things. You're not furthering the business or making anyone money. So it's not "work". Don't be complicated at border crossings.

I'd be very careful about this, and definitely seek professional advice. I'm not an attorney, and am not qualified to give legal advice. However, as a Certified Public Accountant who works in the U.S. and cross-border income tax compliance field, I can say that from a tax perspective, the actions the OP stated he's taking would likely be considered "doing business in the U.S." Since his wife's company has product located in the U.S., that company is already doing business in the U.S. The OP said he is checking on inventory, picking up mail, and sending checks. I assume the checks are payments for the business's expenses, and the mail would be business mail. So the OP is basically acting as an agent for the business, and carrying out business related functions on behalf of the company. It really doesn't make a difference whether he's actually employed or paid by the company. He's taking actions that support/further the business of a company, in the U.S.

Anyhow, sorry this got way off topic! I just wouldn't want to see anyone experience any negative consequences for something like this due to an incorrect or incomplete understanding of how the U.S may view this. Better to be safe than sorry, and get professional legal advice.

Have a great cruise!

 

[Tenkawa]

I also agree that this would constitute business.

There are a couple exemptions under NAFTA but I don't believe they apply.

If you are going down as a representative of a Canadian company for meetings, that is allowed business. Training also falls under this (teaching or receiving)

Also, if you are an employee of a Canadian company that sold goods to the US, or a multinational company that has a US division, and you are going to service those goods, then you are also exempt from needing a work visa.

Outside of those two things, you need a work visa.