Border crossing

[antda 13]

Hi LandRStepp,

I am sorry to hear about your situation with you and your son about being harassed and turned back to Canada at the border.

If it makes you feel any better, I too was harassed when I entered the USA for the first time (gee, what a way to say, "Welcome to America") to visit my boyfriend in the USA (POE Niagara Falls). It was "no picnic in the park" for me and my boyfriend (now husband) then, as we were interrograted for 2 hours straight (yes, you read that right), both separately and together, and our belongings and vehicle was searched. And the only paperwork I had at that time was my Canadian passport, Canadian driver's license, identification showing that I was a student in Canada, and no other paperwork showing proof of residence or ties to Canada. They also threatened to call (but didn't, thank goodness) my ex-family and ex-friends in Canada, who did not know of my cross-border trip and would have ended up in big trouble if they knew I had left the country. Luckily though, after all of that questioning, I guess they felt somewhat sorry for us, as they let me through to visit with my boyfriend in the USA, on the condition that I returned after 2 weeks, as stated on the I-94 Visitor's Visa (even though Canadians don't require visas to visit the USA) that they issued me. (See my Detailed VJ Timeline for more information)

Lol...Well, we got the better of them in the end....As I ended up getting married and staying "forever" in the USA, instead of the 2 weeks stated...No point in returning back to Canada and not being able to see my boyfriend/husband ever again, after being harassed at the border like that! (though I don't recommend you do this, as they have you flagged in the computer).

So thus, it is not uncommon to get bad treatment at the border, as that has happened to others before too. It's unfortunate though, that we have to be treated this way. Aren't Canadians supposed to be "friendly neighbours to the north, meaning no harm"?

Regardless, I hope that you will get the help that you need to get back home, and eventually be reunited with your boyfriend and rest of your family.

By the way, if you need any help, perhaps you can also contact the Canadian consulate in Buffalo, NY, here:

Canadian Consulate General Consulat General Du Canada

(716) 858-9500

1 Hsbc Ctr, Ste 3000, Buffalo, NY 14203

As well, if you need a recommendation for a good US immigration lawyer (one that I used before in Buffalo, NY, for my AOS case), feel free to PM me and I'll give you more info there.

Hope this helps. Good luck on your journey, and may the rest of your journey be a safe and happy one for you and your son.

Ant

Edited September 16, 2009 by Ant+D+A

[HisGirl 0]

The border officers are on a complete power trip. I get so scared reading these stories

[Carlawarla 1]

Well I have to say it is so wonderful to have so much support thats why as soon as I got situated with my computer I contacted VJ right away. What I'm afraid of now is that I won't be able to be with my American boyfriend. My son is traumatized my friend who was expecting us is worried, people in BC are panicking, my boyfriend is upset and I am a mess. If I go all the way back to BC I have to start over in order to get to the US which means another 4 day trip after 3 days traveling home but here where I am I'm only 13 hrs from my destination in the US. This is all very expensive and even if we don't go there to visit how is this going to affect us if we decide to get married and apply for a visa? I was told today I can only deal with an American lawyer and was advised who to talk to but I'm afraid of the cost. To be honest I am lost for answers my son and I are in a motel room that cost $385 for the week if we go anywhere we have to go by taxi we don't know our way around or people in Ontario. I will tell you this the NY border at Niagara Falls is the worst border and the Buffalo one at Frt Erie is just as bad please if you are going to cross make sure you have everything with you. Everywhere you look the requirements for us Canadians to cross at the American border is only a valid passport or what represents a passport for traveling by sea and air even for children but traveling by land all adults require a valid passport but children 15 and under are only required to have a birthcirtificate and custody papers or a letter from the father. The average Canadian traveling across the US border doesn't know they need the following papers because it isn't included in the requirements that are advertised so they not only have that as a sneak attack but also as a way of misusing their authority. Here are the requirements:

Evidence of employment - receent pay stubs, employee ID, letter from employer

Proof of Foreign Residence - recent rent receipts, copy of mortgage, utitlity bills

Evidence of Financial support - bank statements, savings and checking account statements, income tax report forms etc.

Evidence of Financial Assistance - receipts or government correspondence of unemployment insureance, mother's assistance, welfare, disability

Evidence of Educational Ties - Valid school identification, letter from school officials on school letterhead

Utility bills

Income tax return forms - current and past year

Confirmed return date - airline tickets, train or bus that are date specific

Sufficient funds for intended trip - cash or traveler's cheques

Contact name of family member, friend or individual who you, the passengers, is/are travelling to see in the US

Address and/or telephone number where you can be reached in the US

I provided most of this but not all of it I was missing the rent receipts so I provided a contact number to verify where I was living when I returned from the US. I also provided them with change of address receipts. The other thing I did not have was my income tax returns for the past 2 years but I did have my child tax form which showed my income for the previous year and finally I didn't have a job because I was honest with them and explained I had to leave my job because I am a student they wouldn't let me finish saying that my doctor wanted me to quit due to my disabilities and I had my medical report with me and finally I did have recent pay stubs with me but they wouldn't accept them. As a student I have an income which was student loans and bursaries which I profided proof of and my tuition receipts, I provided them with a print out of my bank account and the funds available which was more than enough to live on for a month. These border guards have the authority and power to ban us for no or any reason and will do so if they want to. Right now I am stuck and don't know what to do or where to turn and my boyfriend is helpless to help me because if he crosses the border to pick me up he could end up facing problems as well and we don't need both of us with a red flag on our names. Being red flagged means anytime they type in your name the info comes up about you and that your finger prints have been taken and picture. I just pray I can have my name cleared but at this point I do not see how that is possible. I live with the fear of them putting me in jail as well. I love my boyfriend with all my heart and he loves me and we are being kept apart by power hungry border guards who have nothing better to do than to ruin peoples lives and its wrong. Yes 9/11 was horrible but us Canadians do not deserve to be punished for it. . . . . LandR

Do you have the information you now need to cross? You're saying you still don't know what to do...try crossing one more time then. In all probability you won't have the same border officials. I see no reason why your boyfriend can't come to Canada either, unless I'm missing something? You're really stuck, and I really feel for you. Staying in the motel though is eating through your finances! You mentioned something about an American lawyer. Is this someone who you've talked with? What is he/she suggesting?

Yes, you might try and cross again and because you're flagged your name will come up, and you could then explain that you've got what you need now to show your ties to Canada. While it's horrible what's happened, inaction is not making this any easier. You have a decision to make. Either try again to cross, or go back to B.C. I really wish I could help you, as I'm sure most of us here would like to, but we can't!

If you're not willing to cross again, in Ontario, perhaps your b/f could come up and spend a week with you two, then you could head back to B.C., and replan. Again, crossing over at Washington is probably far better for you given your experience, even if it is more money for a bus ticket.

All the best.

[Krikit 1,163]

For what it's worth, the Rainbow Bridge at Niagara is a known don't-cross zone for those who live in the area. You are definitely going to be detained should you try again so it's certainly your choice whether you want to try that again once you have all your required documents.

As for your concern about how this will affect any future visas..... it won't. There are many many Canadians (as well as other nationalities) who were denied entry for lack of ties but received their visas despite this. Just be truthful.

[trailmix 77]

Yes and I agree with what Carla is saying, you have to decide to either try to cross the border or go home - not deciding that is what is holding you up. You have gotten all the documents you can at this point and they are either going to accept it or they aren't.

If you do decide to cross the border again now, you may want to write out any points you want to make because you will probably be nervous when you get there and possibly forget those points or not make them clearly.

[Sparky&Me 0]

I was also denied entry at the border and it was not easy. My fiancé, now husband, was living with me in Canada when we decided to go the K-1 route. He got a job offer in the US so he decided to move on it. I wanted to go with him and help him get setup; it was a move to a new city for him. We had called the border crossing earlier and ran our moving plans by a customs officer and he said that our plans were acceptable and that I could come into the country as a visitor for six months as long as I returned to Canada after that. However, when we got to the airport, the man we dealt with denied me entry for lack of ties to Canada. In hindsight I should have done things differently. I had no proof of ties to Canada at the time, because I didn’t know they’d be necessary.

The border guards do have a list of criteria that people must meet before you can enter the US. If there are a certain number of things on the list that the person doesn’t meet, they are deemed inadmissible. However, it seems that they can define what meets those criteria any way they want to. One of them is that the visitor must have means to support themselves while in the US. I had several thousand saved in my bank account, along with my stocks and rrsp’s and a credit card that I could have utilized in an emergency. The customs officer still deemed that I had “no means of supporting myself”. He used that as one of his reasons for denying me entry. He wouldn’t tell me exactly how much money would have been sufficient for him as a means of support. I found him evasive when I argued that point with him.

I didn’t try to enter the US again for a couple of months. I was never denied on a subsequent visit, but I was almost always brought into secondary and questioned. I had to show all my proof of ties to Canada, and sometimes I was issued a travel visa that I had to return to customs when I left the country. It is still possible to visit, just be prepared to be interrogated when you do. I’d definitely plan your future trips so that you cross the border close to home as well.

Unfortunately, I have nothing to say that can help your current situation. I’m sorry to hear what happened to you. I can sympathize with feeling hurt, and that it is an unjust situation. On another day, and with a different border guard, things may have gone very differently, and that shouldn’t be the case for anyone. The uncertainty of border crossings is what really gets me. Like Krikit said, this won’t affect your visa at all. Make sure you disclose it on your visa application. During my K-1 interview, I was asked to explain what happened but that was it. The interviewer didn’t lecture or interrogate me about it, and we moved on to the next question right away.

I hope things work out for you, and that your next crossing, whenever you decide to try it, gets you into the US to be with your fiancé.

[Aero and Dero 0]

I have nothing more to add but sympathy and shared experiences. For a while, my boyfriend and I traveled together across the border to save on gas and the 4 hour drive gets lonely alone, not to mention tiring. We worked out our schedule (my work and his school) to make this happen, to be able to spend that much more time together. One visit, out of five years of crossing the border, led to a 7 hour interrogation, where I was told to sit on a bench while they took my boyfriend back into a room to interrogate and fingerprint him.

They have a list of criteria, but if they feel like it, they can dismiss everything you bring. It still upsets me to think about it, because there is nothing like not only feeling helpless, but actually /being/ helpless. It also did not help that the officer in charge of our case kept telling me separately that I am welcome to return to the United States and I gave him a 'are you crazy?' look and said, "Right, cause abandoning my boyfriend of seven years 40 minutes away from his house, transportationless, is a really classy thing to do."

For the record, this is a list of documentation we brought in.

Property tax forms: Rejected. Reason: You can own a house and pay taxes on it but not live there.

Mortage payments: Same as above.

Loan documents: Same as above.

Income tax forms: Rejected. Reason: If you don't have a job right at this moment, income tax forms mean nothing apparently.

Canadian health insurance forms: Rejected. Reason: You can pay for insurance and not live in the country.

School records (schedule, payments, coursework, syllabii): Rejected. Reason: You can pay for school and not go to school.

Basically, anything you take can be denied for whatever reason they would like to. Once they've made up their mind, there isn't much that will change it. I guess you just have to roll with the punches. Just be prepared with 10000x more stuff than you'll actually need. That day, the only reason they let us into the US together (the same day they denied us), was I brought a copy of our flight itinerary to visit my parents in Kentucky. I don't know /why/ they didn't say that could be faked too.

It's good to know this won't affect our visa chances.

Good luck with everything.

[SpiritAlight 1]

That's nuts!

And about having enough cash on you for your visit, this is totally ridiculous.

Who doesn't use plastic for almost everything?!

sigh

True, if someone has it out for you or for making their numbers that day, you may be unlucky.

Perhaps it is truly not personal.

more sighs...

[LandRStepp 0]

My goodness unfortunately I'm not alone in my experience and if I had known about NY I would have crossed at my local border. I didn't understand why I had to be taken across Canada in order to get to where I was going but its too late to change that now. I have been traveling to the US since I was a child and I have never been harrassed nor have I heard of this happening before.

I know I have a decision to make before I run out of money the truth is I want to go and see my boyfriend and spend time with my friend. My son and I need a break from everyone in BC because they are judging me for having an american boyfriend. Since January we have been through so much hell from people interfering in my life and jumping to conclusions so this time away was the answer for us until I got to the US border and now the nightmare continues. I have tried to cross twice now and was rejected. The second time the guard advised me not to cross again unless I have everything on the list and more.

I appreciate all the responses so much so thank you to all of you. I get to have a consultation on the phone with an American lawyer tomorrow morning for $250 and my boyfriend and I have talked on the phone putting together all the questions I should ask. I will keep you posted as to what is said and the advice I get. I have also found a phone number to a local member of parliament so I'm going to see if they can help me as well. I'm so tired I have dark rings under my eyes so wish me luck and I'll be in touch.

[Carlawarla 1]

My goodness unfortunately I'm not alone in my experience and if I had known about NY I would have crossed at my local border. I didn't understand why I had to be taken across Canada in order to get to where I was going but its too late to change that now. I have been traveling to the US since I was a child and I have never been harrassed nor have I heard of this happening before.

I know I have a decision to make before I run out of money the truth is I want to go and see my boyfriend and spend time with my friend. My son and I need a break from everyone in BC because they are judging me for having an american boyfriend. Since January we have been through so much hell from people interfering in my life and jumping to conclusions so this time away was the answer for us until I got to the US border and now the nightmare continues. I have tried to cross twice now and was rejected. The second time the guard advised me not to cross again unless I have everything on the list and more.

I appreciate all the responses so much so thank you to all of you. I get to have a consultation on the phone with an American lawyer tomorrow morning for $250 and my boyfriend and I have talked on the phone putting together all the questions I should ask. I will keep you posted as to what is said and the advice I get. I have also found a phone number to a local member of parliament so I'm going to see if they can help me as well. I'm so tired I have dark rings under my eyes so wish me luck and I'll be in touch.

Oh my...my heart is breaking for you. Please take care of yourself and get back to us with anything you've found out.

[Rustbelt 0]

The Peace Bridge is the best place to cross on the Niagara Peninsula; Rainbow Bridge is well known for being problematic. There is one border guard, usually in secondary, who is very difficult at the Peace Bridge, but most of the rest are fine, if grumpy sometimes. Some are even nice!!!!

At the Rainbow Bridge there is one BG who reportedly sees no valid reason for Canadians coming to the US other than for a (brief) vacation. People with valid TN visas have been turned back there, so don't even try at that POE . . .

I second others' advice here: try once more with all your additional documentation. Be very clear about your plans and your intent to return to Canada. My wife has found that it doesn't hurt to say that you know you have to go through the immigration process and where you are in the process. For some reason, showing knowledge of the process helps. Not always, but sometimes . . .

If you don't succeed there, I'd return to BC and try at your local crossing. You might also want to try at a more rural crossing - they tend to be way more laid back. But there's always exceptions, as I think we all know.

I really feel for you. Fort Erie isn't somewhere to be stuck for days on end.

[LandRStepp 0]

Well I just got off the phone with the American lawyer because our Canadian lawyers wont talk to me because it is an american issue and basically what she said is this: the 6 months canadians can visit is more for the retired people who have a home in a place like florida but have strong ties to Canada like a home, pensions and doctors to see. She said that the border guards were well within their right to refuse me if they for any reason felt I was going to migrate and I couldn't prove other wise. I explained to her I was not migrating I was going to visit and stay a month or up to 6 months to be with my girl friend who isn't well and for my boyfriend and I to decide if we want to get married (I didn't tell the border guards about my boyfriend basically I answered their questions truthfully but didn't volunteer any extra information). She said that I got lucky because I was not given any paper work saying I had been deported at the border or that I was banned for 5 years or life but she recommends I don't try to cross again. She also said without a degree or a lot of qualifications and an employer I don't qualify for any of the work visas. I said well I can't get an employer if I can't cross the border. She said that basically my boyfriend is going to have to marry me if I want to come to the US perminantly. She said he is going to have to come to Canada if we want to do the CR1 and marry me or I will have to apply for the K1 and he will have to come to Canada to visit me and I shouldn't attempt to go see him. She also said she doesn't recommend me trying to cross the border again unless we apply for a visa although I have heard of many that have. She also said her firm handles visas and would be more than happy to help us apply for our visa for $4500 not including the fees for the visa. She also said if I decide to cross the border again (which she did not recommend) to contact her first and let her know what documentation I have and she will tell me whether I have enough. Basically if you are poor and don't have a large sum of money in your bank account, don't own a home and don't have a job they can refuse you at the border. I explained to her I have a disability and that I am unable to work in most employment areas and that I am a student trying to complete a degree in order to have a career and that I showed them that at the border and she said without a letter from my school and my doctor stating I could not work that what I had wasn't enough even though I had receipts and a report from a specialist. She also said that this does not affect me applying for a visa but that if I push it and cross again and get banned then it would.

My boyfriend is afraid to cross into Canada in case the same thing happens to him. I haven't told him what the lawyer said yet because he just got off work from a graveyard shift and is sleeping but I know he will be very upset as I am. I was hoping to stay longer than a month and maybe stay up to 6 months so him and I could decide if and when to get married during that time and then I would return back to Canada. All we wanted was some time together to get to know each other in person because we met online. I was not planning on migrating during that trip or doing anything illegal but the border guards didn't see it that way and now my life is a mess. My son and I also needed a break from BC due to problems with my ex and the problems where we lived and I hoped that by the time we returned the problems would have settled down in BC. Now we are stuck in a town in Ontario and I truly don't know what to do or where to go. I have no family that can help me and my boyfriend is American so there isn't much he can do either. My son was traumatized by all of this and he doesn't deserve to go through this. To be honest I feel alone, depressed, scared, and confused and I don't know whether to believe what that lawyer told me. I need help but I don't know where to turn. Anyway I want to thank all of you for your support hank you all help and if you have any other suggestions I am more that willing to listen.

All the best,

LandRstepp

[trailmix 77]

Well, I guess you aren't really any further ahead with this than you were yesterday. Speaking with the lawyer does not seem to have produced any answers you have not already been given here.

I just want to pick up on one point you have made a few times, that your Son is traumatized by all of this. I'm sure it is very scary for him, having to go through all that at the border and probably not really understanding all of it. Probably the most upsetting thing for him is seeing you 'depressed, scared and confused' - so you need to be his rock right now

From what you have said I don't think we know your full story? I do understand that you left problems back in BC and you don't want to return there - are you saying that you have no where to return to? Do you not have a residence right now of any sort? I get the impression from what you have written that you packed everything up and left? If so, I now understand why you are still in a hotel in Ontario. But I don't want to guess so maybe you can explain to us exactly what your situation is with that right now.

She recommended that you not try to cross the border without at least applying for a visa first. You mention that you know many have - that is true but those many are not flagged at the border the way you are.

If I am reading what you are writing correctly:

- You do not have a permanent address in Canada

- You do not have employment

- You do not have a letter from your doctor stating that you cannot work

- You don't have a letter from your school stating that you are a student

So what strong proof of ties do you really have?

I ask this not to add to your burden but to help you see how they are looking at it (as in the border guards)

If you decide to try to cross the border again, you should at least have 3 of the items, I would suggest.

Edited September 17, 2009 by trailmix

[SapphireDreams 71]

I'm sorry that things are not working out as planned for you LandR. As an outsider to your situation, reading about your proof and what you have said, I can see why the Border guards would not let you through. Without a job or some kind of hard evidence that you go to school and can't physcially work, you could very well be staying in their eyes (even though you're not). They see what you've travelled all the way across Canada by Greyhound to visit a friend. That's a long way to travel! It's very rare I'm sure that people travel all that way to stay somewhere for a month and then take the bus allll the way back.

I think the lawyer gave you good advice. I think you should have you bf come and visit you and see how things go and then file for a visa. Not sure where you bf lives in the US, but maybe it would be easier for you to stay in Ontario and transfer schools, find an apartment and maybe a part time job and be closer to him so he can come visit you. Use the money you saved to get back on your feet. Is that an option?

[Flames9_RN 358]

Agree, lawyer gave u good advice, BUT dotn use her!! lol $4500, ouch!! Get all the info you require for the k1 or cr-1 right here for FREE!!! lawyers do not speed up the process!!