Canadian with B2 status denied entry to USA

[Brittany111 0]

Hello, I am Canadian and married to a US citizen. We married in Canada in 2016 but we have not done any of our visa work yet. Because of covid, I ended up spending 10 months in the USA last year (I never overstayed my visa, I went back to Canada before my 6 months was up, but then just returned to usa after a month). I already know this is a violation of the B2 status. With covid it just made it easy since all my schooling went online.

Anywho, I came back to Canda before my 6 months was up and stayed in Canada for another month. Then, I tried to fly back to the USA and got denied entry under Section 212 (a) (7) (A) (i) (I) of the INA. I was allowed to withdraw my application.
 

My question is, what will happen next time I try to enter the USA? And how long should I wait before I try again? Our plan is for my husband to get PR in Canada but we just don't have it set up yet because I am a student, can't provide for him and he has a good job in the USA. I just want to go to visit him but because of covid, i'd like to stay for at least 3 months. Please, please, please, I am not looking for any judgement. I've already been told how stupid I am on multiple different platforms. It is not helpful and I genuinely want advice. 
 

I want advice from anyone who has been denied under this section and what happened the next time they tried to enter the USA?
Can I be denied again under the same section or am I risking getting banned from going to the USA?

Any info is greatly appreciated! Thank you!

[canadian_wife 1,791]

Yes, you can be denied entry again.  I was denied entry twice back to back.  The next time I attempted to enter I had solid ties to Canada.  It sounds like you may be lacking ties to Canada.  I suggest waiting at least 6 months before trying again.  Use that time to form ties to Canada.

 

We, as Canadians, often take for granted our easy travel to the US.

 

Good luck, PM me if you want to chat more.  

[aaron2020 11,651]

Most likely, you will get another denial.  Worst case scenario, you would not be allowed to withdraw your application and be put into expedited removal resulting in a 5 years ban.  

The US Government already thinks that your pattern of travel indicates to them that you been abusing your visa to illegally live with your husband in the US.  After 10 months in the US where you never overstayed so you probably left for a few weeks, a brief trip home and another attempted entry into the US made them think that.  That's not exactly consistent with being a tourist in the US.  More like circumventing the system to live in the US.  This puts you in a terrible position after an entry denial.  I am not rubbing salt into your wound.  Just telling you what the US Government might be thinking.  Your chances of getting entry into the US is not good.  Personally, I would not try another entry.  

 

[Unlockable 7,306]

3 hours ago, Brittany111 said:

 I ended up spending 10 months in the USA last year (I never overstayed my visa, I went back to Canada before my 6 months was up, but then just returned to usa after a month). I already know this is a violation of the B2 status. With covid it just made it easy since all my schooling went online.
 

And this is the red flag you now have over your head. You were playing a risky game by border hopping and it caught up to you. And they can deny you entry as many times as they feel. Don't think this is a one-off event. You are now in their system (you know those computer screens they look at when they scan your passport?) with some form of note letting the next agent know of your extended time here in the US and lack of ties to Canada.

 

Honestly, you should not be planning to return to the US for some time to let things cool down. It may be several months or even a year before you should try again. Your relationship can overcome the time apart. This thread is full of people who don't even have the ability to visit each other and they continue to endure.

[Brittany111 0]

10 hours ago, canadian_wife said:

Yes, you can be denied entry again.  I was denied entry twice back to back.  The next time I attempted to enter I had solid ties to Canada.  It sounds like you may be lacking ties to Canada.  I suggest waiting at least 6 months before trying again.  Use that time to form ties to Canada.

 

We, as Canadians, often take for granted our easy travel to the US.

 

Good luck, PM me if you want to chat more.  

Thank you for this. I am going to wait 6 months. Hopefully I will get hired somewhere soon so that can help with my case. I just hate being apart. I know everybody has done it but sometimes it can feel so hopeless. I am in full-time school in Canada so I'm not in a position to apply for my green card. 

[carmel34 3,529]

Visitors from any country who are allowed to enter the US on a B2 or VWP/ESTA are approved for a short visit, not to live in the US, which is basically what you were doing by spending ten months there as a visitor.  In your case, I strongly suggest that your US husband find a job in Canada and apply for a work permit there so you can be together.  Sounds like your long-term goal is to live together in Canada anyway, so why not start on that?  As others have said, it is unlikely that you will be allowed to enter the US for at least a year, even after that it is not a sure thing.  If you get a job in Canada that would help, also if you have evidence of owning property or an apartment lease in Canada to show stronger ties, but only for a short visit of a couple of weeks which would be normal for someone working and using vacation days.  Good luck! 

[Brittany111 0]

2 hours ago, carmel34 said:

Visitors from any country who are allowed to enter the US on a B2 or VWP/ESTA are approved for a short visit, not to live in the US, which is basically what you were doing by spending ten months there as a visitor.  In your case, I strongly suggest that your US husband find a job in Canada and apply for a work permit there so you can be together.  Sounds like your long-term goal is to live together in Canada anyway, so why not start on that?  As others have said, it is unlikely that you will be allowed to enter the US for at least a year, even after that it is not a sure thing.  If you get a job in Canada that would help, also if you have evidence of owning property or an apartment lease in Canada to show stronger ties, but only for a short visit of a couple of weeks which would be normal for someone working and using vacation days.  Good luck! 

Yes, this is true. Thanks for the luck