Canadian applying to B2 visa?

[duke92 0]

Hi All!

 

I am a Canadian passport holder and wanted to see if any other Canadian have applied for a B2 visa?

 

Last time I tried to enter, I was asked to withdraw my application to enter the US as they believed I was an immigrant with non immigrant documents. My husband is a US passport holder, so this is why they believed so, plus I had previously overstayed a bit, but have no ban.

 

I know Canadians dont need a visa to enter, so just wanted to see if anyone else has had a b2 visa as a Canadian.

 

Thanks

[Boiler 43,719]

Sounds like your problem is at the PoE so a B would make no difference.

[duke92 0]

@Boiler What if I arrive in the US and they deport me instead of offering a withdrawl? thats why im thinking to apply for a b2 visa

[Boiler 43,719]

Makes no difference.

[duke92 0]

@Boiler what makes no difference? getting deported and getting a withdrawl are very different. 5 year ban vs no ban

[Going through 5,668]

Even with a B2 visa, there's no guarantee of entry.

 

The fact that you overstayed previously, is probably what led to your being denied entry before.

 

How long did you overstay?  When was that visit (year)?

Edited January 23, 2018 by Going through

[duke92 0]

@Going through ah ok I understand. So what should I do? I live in Dubai, so travelling all the way there and getting denied. and then risking either deportation or a withdrawl doesnt seem like the thing to do.

A lawyer advised me to apply for a b2, as then the consultate believe that I will come back and trusts I wont overstay.

[Going through 5,668]

You can still get denied when applying for the B2...there's no guarantee with that either.  Consulate will be looking at how long you previously overstayed, and how long ago it  happened as part of the adjudication process.

[Boiler 43,719]

Consulate are not the ones who determine if you are refused entry or deported.

[Going through 5,668]

From the information you provided on your other thread about this----sounds like you may have triggered a bar....so a B2 would not be granted, if that is the case.

 

 

Edited January 23, 2018 by Going through

[duke92 0]

@Going through dont have a ban checked with 3 lawyers. Had d/s on my i-94 so no ban, and my visa was still valid when i left.

 

i left the us 5 years ago, so if i enter now with my passport after trying 2.5 years ago and getting a withdrawl, i will most likely get another withdrawl you think?

 

i wanted to apply for a b2 so if they deny me at least im not wasting a 16 hour flight.

[Boiler 43,719]

A visa is an application to seek entry.

[Going through 5,668]

8 minutes ago, duke92 said:

i left the us 5 years ago, so if i enter now with my passport after trying 2.5 years ago and getting a withdrawl, i will most likely get another withdrawl you think?

Hard to say----more of a possibility it is in your favour (given all that you have stated in this thread), but it all comes down to whatever officer you get at port of entry and what they feel like doing.

 

8 minutes ago, duke92 said:

i wanted to apply for a b2 so if they deny me at least im not wasting a 16 hour flight.

One thing I'm not sure you're understanding clearly which was explained before....even WITH a valid visa in hand, and even WITH an approval for said visa, it does not guarantee entry into the USA.  Entry into the USA is at the sole discretion of the officer you encounter when landing in the US, and sometimes they don't care whether your visa is valid/approved.   There have been instances in the past (and more than just a few) here on VJ where people with valid visas were still denied entry at the border....so it could still result in a wasted 16 hour flight in the end, is what I'm saying.

Edited January 23, 2018 by Going through

[jle2234 68]

The best thing you can do is travel with strong proof of a confirmed return date to your country. That means a return flight, letter from employer stating you are expected to return to work on a certain date, etc. If the reason for your issues is that you may overstay again, then you need to try to show that you will not. Of course, there will still be no guarantees.

 

You don't say whether you are looking to travel to the U.S. for a specific reason. If it were me, I would consider traveling to Canada and then crossing in to the U.S. from there. If you are denied entry to the U.S., you can still have a holiday in Canada, and most U.S. friends and family would be able to travel to Canada to visit you. Many Canadian airports, such as Ottawa, Toronto, Montreal, and Edmonton, offer pre-clearance where you actually cross the U.S. border while still in Canada -- that way, you won't have to travel to the U.S., only to be turned around if you're denied entry.

[Ahoy01 31]

As people have already mentioned it really comes down to the discretion of the CBP officer. Take strong proof of ties to the country you reside in (be it UAE or Canada), so you can show proof that you don't have immigrant intent.

 

Now the point of not wanting to fly 16 hours to get denied, why don't you try to take direct flight from abu dhabi instead. Which is not far from Dubai. POE pre-clearance center there (just like they have in ever major Canadian Airport), well at least so I have heard. That way if you get denied you did not spend 16 hours flying.