Jump to content
Hawk Riders

part IV, the big IR1/CR1 DQ'd message group...

 Share

3,005 posts in this topic

Recommended Posts

2 hours ago, ritaburglar said:

Wow! That's crazy!  My lawyer warned me that it's completely up to the particular customs officer.  The one time I was given a hassle was crossing the land border by car.  They are so busy at Pearson that I have never had more than the typical "Where are you going?" "When are you back?" I'm back and forth monthly.  Only ever had that one issue.

It’s ALWAYS the land borders. It’s so hit or miss! Flying is a breeze. Anyways, happy that everything has gone so smoothly for you at the borders and hopefully it stays that way!

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
10 hours ago, kryptonite said:

It’s ALWAYS the land borders. It’s so hit or miss! Flying is a breeze. Anyways, happy that everything has gone so smoothly for you at the borders and hopefully it stays that way!

Confirmed that last week. I went for a one week vacation, travelled by air. They didn’t question me at all at the border. 
 

DQ and have my interview next month. Correct it’s most likely just the land borders, I would avoid those until this process is done. 

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
On 12/13/2022 at 9:16 PM, ritaburglar said:

Wow! That's crazy!  My lawyer warned me that it's completely up to the particular customs officer.  The one time I was given a hassle was crossing the land border by car.  They are so busy at Pearson that I have never had more than the typical "Where are you going?" "When are you back?" I'm back and forth monthly.  Only ever had that one issue.

True story. I entered the US as a green card holder in Aug 2021. Had a refusal at the border in 2020 during immigration process. I’ve been back to Canada 3 times and every time we return to the USA I get brought into secondary for the refusal even tho I’m a current greencard holder. Last time through we were told it would finally be getting taken care of. Find out next trip I guess

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline
On 12/13/2022 at 2:19 PM, Miriam84 said:

Has anyone had to expedite their process and if so how much faster did you get an interview? 

 

Thanks in advance :) 

Montreal RARELY and I mean rarely expedites interviews.  The only time they typically do is in legitimate life or death situations.  Considering it is taking 4-6 weeks to hear back from an email inquiry and interviews are being scheduled in 10-12 week timelines after DQ, it's unlikely to be worth it to even try.  

On 12/13/2022 at 8:16 PM, ritaburglar said:

Wow! That's crazy!  My lawyer warned me that it's completely up to the particular customs officer.  The one time I was given a hassle was crossing the land border by car.  They are so busy at Pearson that I have never had more than the typical "Where are you going?" "When are you back?" I'm back and forth monthly.  Only ever had that one issue.

It's always the land borders and you have to have sufficient evidence of ties to Canada.  PITA.

4 hours ago, State and Maine said:

True story. I entered the US as a green card holder in Aug 2021. Had a refusal at the border in 2020 during immigration process. I’ve been back to Canada 3 times and every time we return to the USA I get brought into secondary for the refusal even tho I’m a current greencard holder. Last time through we were told it would finally be getting taken care of. Find out next trip I guess

People do have to be careful when saying "refused".  If you are refused entry, CBP provides written documentation of the denial.  You can fill out a "withdrawl of application for admission" form I-275 which allows one to bypass removal proceedings and prevents being barred from future entry into the US. 

 

CBP also has the option of voluntary departure, which is what a lot of people face.  CBP says we're not going to let you in, so you say "ok, I accept that" and you never actually enter the US.  

 

This is important because if you're asked in your interview if you've ever been denied entry, it's more favourable to say I tried to enter, but when I was told I wouldn't be admitted, I was given the option of voluntary departure and took advantage of it.  They will still look into it, but if you've said I was denied entry, the CO is going to look for a formal refusal and whether the I-275 was filed.  Denied assumes the worst and has an air of inadmissibility tied to it.  Voluntarily departing definitely establishes a cooperative attitude and doesn't flip straight to immigration law violation.  

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

Link to comment
Share on other sites

1 hour ago, mam521 said:

CBP also has the option of voluntary departure, which is what a lot of people face.  CBP says we're not going to let you in, so you say "ok, I accept that" and you never actually enter the US.  

 

This is important because if you're asked in your interview if you've ever been denied entry, it's more favourable to say I tried to enter, but when I was told I wouldn't be admitted, I was given the option of voluntary departure and took advantage of it.  They will still look into it, but if you've said I was denied entry, the CO is going to look for a formal refusal and whether the I-275 was filed.  Denied assumes the worst and has an air of inadmissibility tied to it.  Voluntarily departing definitely establishes a cooperative attitude and doesn't flip straight to immigration law violation.  

Fascinating, this should be stickied somewhere.  My spouse was "denied" during covid in 2021, as a Canadian driving to the US, with me the USC as the driver.  Far as I know, there was no official record taken of that, because we didn't actually cross.  I nonetheless made sure to list this incident on the application, and since then, been DQ'd.  I'm not sure if our Nexus cards would've shown this record though, at the least, a very short "US stay".  We were told by US CBP in kinda odd-to-hear-terms, that we could try another border crossing (the same day!) to try our luck.  We didn't.  But, still an incredibly odd process/procedure, as like many have said for a variety of reasons - it's ALWAYS the discretion of the officer(s)!  The officers were very nice about it, and we didn't debate them at all, as we already knew Canadian's were not allowed to cross for a period of time during covid (although it worked once before during covid).  I may be naive, but I have to believe any Montreal officer would know a denied crossing during covid would be a very reasonable denial and not something to be flagged/look-into further.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline
On 12/13/2022 at 6:12 AM, kkeys said:

The plan was to wait until I got to USA to move into our own place, but things happened and it wont happen that way anymore. 

I was wondering where I update our address so my SSN goes to the right address?

If you had your interview you can update when you enter and endorse your visa. If no interview you can update the address then. 

 

On 12/13/2022 at 2:19 PM, Miriam84 said:

Has anyone had to expedite their process and if so how much faster did you get an interview? 

 

Thanks in advance :) 

Expedite approvals for Montreal is very rare.

 

3 hours ago, faysalsharif said:

So I’m a little confused would my Canadian spouse be allowed to visit while being DQ’d? The email said not to make any travel arrangements 

Visiting is usually allowed. It's just the odd time someone at the border doesn't know its allowed. 

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline
23 hours ago, Idlewild said:

Fascinating, this should be stickied somewhere.  My spouse was "denied" during covid in 2021, as a Canadian driving to the US, with me the USC as the driver.  Far as I know, there was no official record taken of that, because we didn't actually cross.  I nonetheless made sure to list this incident on the application, and since then, been DQ'd.  I'm not sure if our Nexus cards would've shown this record though, at the least, a very short "US stay".  We were told by US CBP in kinda odd-to-hear-terms, that we could try another border crossing (the same day!) to try our luck.  We didn't.  But, still an incredibly odd process/procedure, as like many have said for a variety of reasons - it's ALWAYS the discretion of the officer(s)!  The officers were very nice about it, and we didn't debate them at all, as we already knew Canadian's were not allowed to cross for a period of time during covid (although it worked once before during covid).  I may be naive, but I have to believe any Montreal officer would know a denied crossing during covid would be a very reasonable denial and not something to be flagged/look-into further.

You'd hope, but Montreal also seems to be at the top of the list for Western countries dishing out DS-5535's right now, so it's really anybody's guess.  

Montreal IR-1/CR-1 FAQ

 

Montreal IR-1/CR-1 Visa spreadsheet: follow directions at top of page for data to be added

Link to comment
Share on other sites

On 12/15/2022 at 12:52 PM, mam521 said:

This is important because if you're asked in your interview if you've ever been denied entry, it's more favourable to say I tried to enter, but when I was told I wouldn't be admitted, I was given the option of voluntary departure and took advantage of it.

 

"Voluntary departure" would not be a good term to use for what you described, and not a term anyone would want to mention to the consulate.  "Allowed to informally withdraw a request for admission" might be better (as opposed to a formal withdrawal which involves signing form I-275).  "Voluntary departure" is an actual legal term for the process used by out-of-status aliens in removal proceedings to leave the US at their own expense, instead of being forcibly deported by ICE.  If asked by the consulate about being denied entry at the border, visa applicants should not give the wrong impression that they were ever out of status or under removal proceedings in the US.

 

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
On 12/13/2022 at 3:19 PM, Miriam84 said:

Has anyone had to expedite their process and if so how much faster did you get an interview? 

 

Thanks in advance :) 

Ours was expedited this summer.  DQ in Aug, interview  was the first week of October. I'd say it moved it up a couple of months but thats it.  And Ill add, the officer that interviewed us said he was the one that approved our expedite. He said we were VERY lucky as they RARELY approve expedite requests, but he knew ours had to be done and that it was then right thing to do.  If you have a very good reason, it can be done!

Edited by ClemsonC

IR1 / IR2  

Canada

June 2022 IR1 - DQ 

Aug 2022 IR2 - DQ

Oct 2022 - Interview

Nov 2022 - Moved to US

 

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline

 

1 hour ago, oscarrifici said:

Anyone got their interview letters for February? Got DQ'ed Set.26

Hi everyone, I'm wondering the same thing.  DQ'ed since September 12th

 
Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...