Approved 601 4 years ago- still having border issues

[charity1214 3]

Hello,

I was a member here years ago when we were going through our immigration journey and received so much support and help on these boards.  I never thought I'd be back, but here I am!  Any direction or information would be greatly greatly appreciated! 

Quick background:

 

Husband from Canada- age 37. Immigration process started when he was 30.

Married Sept 2010 - He lived in Canada while we did the IR-1 Spouse Visa.

In the Visa process he disclosed that he was arrested once when he was 18. The crime carried a potential of 1 year in prison, so it was classified as CIMT. He was never jailed, did some public service hours, and it was pardoned by Canada.

Visa was denied for CIMT.

We pursued the 601. The appeal was approved and he received his VISA in Spring of 2013 and he moved to the United States in May 2013.

He has his SSN, Green card, no record/issues/arrests/etc., files and pays taxes, gainfully employed since 2013. Basically we've been enjoying a normal life with my kids as a family.

 

However,  we do go back to Canada at least once a year to visit his parents who still live there. He is an only child so we definitely make sure to visit as often as we can.  Everytime we return to the US, the border patrol asks us to pull over and go inside.  We spend 30-45 minutes waiting to talk to an officer who asks us the same questions about our marriage, visa, and then they start asking about his "crime."  We explain that we did the appeal, it was approved, he has the green card, etc. etc. We don't understand the issue.  This most recent visit the officer explained that even though Canada pardoned the crime, the US does not recognize other country's pardons.  Well we know that, but that's what the 601 process/appeal was for. We explained it, acknowledged it, justified how he's no longer a threat and the dept. of homeland security approved it, so what's the problem? He says that every time we come back in the country, he's flagged and this will happen to us everytime and there is always the possibility that he could be denied entry.  So far that hasn't happened, but now we dont' know what to do to fix it.  The officer kept saying that we had to file some paperwork but could never clearly say what it was. Something about having it removed from his US record so it'll stop flagging him at the border.

Does anyone have any idea what he is talking about?  Was there something else we were supposed to do on the US side after we were approved to "close" this issue?

Any advise would be helpful!
 

*Charity1214*

 

[Jojo92122 1,924]

It would be best for your husband to file for US citizenship.  Once he's a US citizen, you shouldn't have any problem with admission into the US.

[LionessDeon 2,060]

I am sorry you have to continue to go through this.  We also filed a I-601. It's a horrible ordeal and it sucks that you have to continue to deal with it.

I feel like the CBP doesn't really understand or know and may be incorrect.  It's crazy to think that the 601 was approved but you still need more forms?  This is my husbands eaxct fears of not being allowed re-entry.  I agree work towards citizenship.

[NikLR 13,220]

I happen to agree. The CBP will often keep bugging people until citizenship. There isnt much you can do about it except formal complaints but I've never heard those help. 

[Lemonslice 4,569]

You want to try to get a redress number from the DHS.  On my phone now, but you'll find instructions on their website

Edited May 25, 2017 by Lemonslice

[charity1214 3]

Thank you for the input. I am going to try writing the CBP to ask them to stop. We are also going to start carrying our waiver paperwork with us when we travel. I feel somewhat more secure knowing I have that with us to show them.

 

 

[Jawaree 717]

Once one has a waiver of such they wiil go to secondary whenever re-entering the US,

try redress it may get less however current climate dictate these things, it

happens from time to time even with naturalization....Some employees do flex their

muscles

[gel1991 0]

Hi

I am sorry for whats hapening to you. If you dont mind can you tell me what was the crime your husband committed? My husband has to now file for the 601 waiver for recieving stolen property was a felony then came down to a misdeameanor , I just want to know if he has a chance on getting the waiver approved.

[NikLR 13,220]

The OP has not been on VJ since June 1. Please start your own thread with questions. 

[car0593 42]

I can relate to this some what.. I am a US citizen now , no prior record or anything but I travel out of the country very often. While being a resident I would ALWAYS get pulled over to secondary and would get asked many questions and it would last a while... they told me it had to do with my name ect and that I could try getting the "global entry" that if I got approved for it it would make  every entry to the us a lot faster and its true. it works amazing for me. I never get pulled anymore and the best thing is I can still use it now as a citizen. look into it. its only $100 for 5 years and it comes with TSA pre check!