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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default I Was Refused Entry into the U.S. - How Long is My Ban

    Not sure which sub forum to post this in. If this is the wrong one, I apologize.

    I'll try to make this is as brief as I can.
    I was refused entry into the US this morning from Canada. This was based on that I was in the US from beginning of October until end of February. I explained to the officer/agent (?) that I was not working in the US. I was unemployed and decided to take some time off and go hang out with a good friend of mine in California and stay at his place. I was not working in any way.

    I was going back to the US this time because my friend will be going to Brazil for a few months for work. Will not get a chance to see him for a while so was going to hang out for a few days.

    Agent told me I would not be allowed to travel today. She also told me that my situation was "not that bad". (Whatever that means). When I asked how long I would not be able to travel for and whatever other questions I had, she explained to me that an agent was coming to get me to bring me through the airport and would explain everything to me.

    Someone came for me, but it was an airline representative, not a US customs agent, and could not answer my questions. By the time I realized it wasn't a Customs agent, I was already through the airport and could not go back to US Customs to get more info.

    I went to the US Customs office that was in another part of the airport to attempt to get some answers, but it's closed until tomorrow.

    I will speak with someone tomorrow but wanted to try to get some info.

    A few other bits of info.
    -I didn't have a return ticket. This is because I wasn't sure if I was going to spend the first night if the upcoming Jewish holiday at a friend's place in California or come home for it. Either way, I was coming home around the 19th or 20th of April. I also find I always save a bit of money by not booking return flight home right away.
    -I have no criminal record anywhere.


    Thanks in advance!

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,964

    Default Re: I Was Refused Entry into the U.S. - How Long is My Ban

    I assume that you're a Canadian citizen and thus that we're talking about entry under the visa waiver program. Visa waiver entry is normally for up to 90 days per visit or 180 days per calendar year. If we were to read between the lines it sounds like you entered back in October under the visa waiver program and were authorized to stay for up to ninety days, but you stayed closer to 120 days. (Was your -94 "Arrival/Departure Form" stamped with a specific expiration date, or was it marked "D/S"?) When you attempted to enter again, less than two months after that four month stay, the computer flagged you as having stayed more than ninety days and when it turned out that you had a one-way ticket the immigration officer exercised her discretion to deny you entry based upon your history and insufficient evidence that you intended to return to your home country before the end of your authorized stay. Depending upon the full facts of your prior stay, the @4 month stay may not be an issue beyond raising these questions, or could potentially trigger a requirement that you obtain a tourist visa for travel.

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