Expedited Removal

[vtjbrent 0]

My fiancee and I have filed for the K1 visa and are waiting. She is Canadian and I am a US citizen. She was denied entry once before when we were caught off guard and she didn't have paperwork showing ties to Canada. At the time, we were blissfully unaware of the incredibly stringent rules on getting in to the US. Now that we have studied up on the subject, we are deathly afraid of this "expedited removal" process. It sounds quite arbitrary and can be inflicted by low level border agents without recourse.

Hence the question, does anyone know if there have been cases of Expedited Removal from Pre-clearance facilities in airports? My fiancee will be trying to enter the US for a visit from Calgary while we await for the K1. It is fine if she is denied entry. That we can live with, an expedited removal would be a disaster however. From what I have read, at the Pre-clearance facilities, one can remove the application for admission because you are still on Canadian soil, and thereby avoid the Expedited Removal. Has anyone any info on this? Any help would be much appreciated!

[JimVaPhuong 4,864]

My fiancee and I have filed for the K1 visa and are waiting. She is Canadian and I am a US citizen. She was denied entry once before when we were caught off guard and she didn't have paperwork showing ties to Canada. At the time, we were blissfully unaware of the incredibly stringent rules on getting in to the US. Now that we have studied up on the subject, we are deathly afraid of this "expedited removal" process. It sounds quite arbitrary and can be inflicted by low level border agents without recourse.

Hence the question, does anyone know if there have been cases of Expedited Removal from Pre-clearance facilities in airports? My fiancee will be trying to enter the US for a visit from Calgary while we await for the K1. It is fine if she is denied entry. That we can live with, an expedited removal would be a disaster however. From what I have read, at the Pre-clearance facilities, one can remove the application for admission because you are still on Canadian soil, and thereby avoid the Expedited Removal. Has anyone any info on this? Any help would be much appreciated!

Yes, you can withdraw your application at the pre-clearance facility. You will not be detained by CBP if you do so, as you are still on Canadian soil and protected by Canadian law. However, presenting yourself at a pre-clearance station is deemed as an attempt to enter the United States, and decisions made by US immigration officers at a pre-clearance station carry the same weight as they would if you were actually at a port of entry. If the immigration officer determines that someone has presented fraudulent documents or misrepresented themselves, they can still issue the expedited removal order, and ban the applicant from entering the US for five years.

The only advantage a pre-clearance station offers is that you can withdraw your application and walk away without being detained or subjected to secondary inspection.

[canadian_wife 1,831]

You can post this on the waiver forum, member emt103c's husband had an expedited removal. She'll post a reply or you can PM her about the details

Make sure you have exceptionally strong ties to Canada, once you are denied entry, it becomes harder to enter the US. Expect to go into secondary screening.

Good luck.