Entry Denied into the US

[Mike E 11,727]

3 hours ago, Canada21 said:

But here is my question. There are many Canadian citizens who visit daily while waiting their I-130 to process. Also he never made it to the CBP officers to check his intentions and ties. That is the point that I wonder about

 

2 hours ago, Canada21 said:

Why are not spouses dealt the same way then and returned back outright and found inadmissible? They are still allowed to visit despite being able to adjust as long as they satisfy the CBP they are not planning to do so. Am I missing something?

On various websites including this once, I see visa exempt or visa waived souses with pending immigration visas turned away at least once a week.  A plurality are Canadian.  

[SusieQQQ 11,585]

14 minutes ago, Mike E said:

If I am  DQed and just waiting  on a consular interview, am I going to

 

A- visit and adjust status, wait 1-2 years for that to play  out, and   wait at least a year for EAD and AP or

 

B-  wait for my consular interview, where I get a visa that once used gives me LPR status
 

?

 

I would do B.  

 

You might be right, and if you are right, the explanation  isn’t logical. 

You might do B, however, you might also not be in the particular situation where (1) your priority date has been stuck at one particular date for nine months now in the visa bulletin (zero move from aug21-apr22 bulletins) and no idea when it will progress further given backlogs all over the world for F3   (2) it seems to be taking at least a year backlog at your embassy to get an interview once your PD is current. Seems like six of one, half a dozen of the other regarding timelines for this category right now. And anyway logical as you may be, all the many people who do use tourist status to jump the line (a good number of whom we see on VJ, some outright bragging about how they beat the system)  will prejudice others who may not have that intention at all.

Edited March 19, 2022 by SusieQQQ

[Canada21 19]

16 minutes ago, Mike E said:

 

On various websites including this once, I see visa exempt or visa waived souses with pending immigration visas turned away at least once a week.  A plurality are Canadian.  

Sure but at least they get to see a CBP officer and if they did not satisfy them that they will return and have weak ties then they are turned away. Just like any other visitor. He was not even given a boarding pass

[Mike E 11,727]

20 minutes ago, Canada21 said:

Sure but at least they get to see a CBP officer and if they did not satisfy them that they will return and have weak ties then they are turned away. Just like any other visitor. He was not even given a boarding pass

This is a red herring.  
 

1. If OP was flying out of say Regina where there is no preclearance, then OP would not have been granted a boarding pass or an audience with CBP.  Just because there happened to be a preclearance station doesn’t give anyone the right see CBP.  I would not expect CBP / TSA to optimize its software that tells airlines “boarding ok / boarding not ok” for situations where there is a preclearance stations.  
 

2. If you’ve been to YYC and flown on a trans border flight, you’d know that for years now the process is you get a boarding pass, you clear the security check point (carried bag X-ray, walk through metal defector / naked body scan), and then you get to see CBP.  It used to be you saw CBP first and then the security check point, but presumably both or one of CATSA and CBP decided that the physical risk to unarmed CBP officers was too high.  Same set up at YVR too.  I presume all other Canadian preclearance stations are the same.  
 

(my experiences at Dublin are two separate X-ray, wtmd / body scan checkouts … one before CBP and one after).  
 

If a pax has no boarding pass, CATSA isn’t letting the pax through.  

Edited March 19, 2022 by Mike E

[Alfiatkinz 4]

2 hours ago, SusieQQQ said:

So, have you contacted the embassy as advised? Given that you say you have traveled many times before it’s almost certainly not a security issue related to being from Iran,  and no, they don’t give everyone a chance to explain themselves in a interview. 
 

 

And you weren’t able to adjust then, but you are now. In any case if you find out the reason from the embassy, do let us know.

there is no way to contact them directly! I have to request a visitor visa but first I am going to talk to a lawyer to see what should I do.

[Alfiatkinz 4]

1 hour ago, SusieQQQ said:

You might do B, however, you might also not be in the particular situation where (1) your priority date has been stuck at one particular date for nine months now in the visa bulletin (zero move from aug21-apr22 bulletins) and no idea when it will progress further given backlogs all over the world for F3   (2) it seems to be taking at least a year backlog at your embassy to get an interview once your PD is current. Seems like six of one, half a dozen of the other regarding timelines for this category right now. And anyway logical as you may be, all the many people who do use tourist status to jump the line (a good number of whom we see on VJ, some outright bragging about how they beat the system)  will prejudice others who may not have that intention at all.

I agree but the fact that they didn't even know/ask me about my tie to Canada, make me think this is not the issue.ubless they do know before hand that I am waiting for a visa interview.

[SusieQQQ 11,585]

1 hour ago, Alfiatkinz said:

I agree but the fact that they didn't even know/ask me about my tie to Canada, make me think this is not the issue.ubless they do know before hand that I am waiting for a visa interview.

Of course they know you have a petition filed and are waiting for a visa interview! When I applied back about a decade ago for my kids’ tourist visas (just mailed the forms in, yes it was that long ago paper forms were submitted; interview waiver as they were under 14), I got a call from the embassy to come in - because they had seen that the kids’’ grandparent had filed for the kids’ parent (me) (btw I also had a Dec08 priority date, so it was years before adjustment was even an option). So yeah, they’d know. And I’m sure their computer systems are much better than they were back then.

[SalishSea 16,888]

On 3/17/2022 at 6:12 PM, geheimel said:

Just out of curiosity.. what could be the reasoning for that decision? 

Deleted

Edited March 19, 2022 by Jorgedig

[SalishSea 16,888]

11 hours ago, Alfiatkinz said:

Iran, 

I never hadd an interview with them; but am trying to reach out.

Bingo.   This is the reason you were denied entry.

[Alfiatkinz 4]

Just now, Jorgedig said:

Bingo.   This is the reason you were denied entry.

I am not sure what you mean?as a Canadian citizen, you don't need to have a visa to visit US.

[SalishSea 16,888]

9 hours ago, Alfiatkinz said:

I did, couple of times but not since 2018

Having visited Iran recently, you will not be admitted to the US without being vetted.

 

Even a Canadian by birth would experience that.

[SalishSea 16,888]

1 minute ago, Alfiatkinz said:

I am not sure what you mean?as a Canadian citizen, you don't need to have a visa to visit US.

Becoming a naturalized citizen of Canada unfortunately does not erase your ties to (and recent travel history to) a country that the US considers to be a state sponsor of terror.

[Redro 4,601]

Aside/ With the information you're sharing I would be prepared to fill out the DS5535 after your F-3 interview.

 

[SalishSea 16,888]

2 hours ago, Alfiatkinz said:

there is no way to contact them directly! I have to request a visitor visa but first I am going to talk to a lawyer to see what should I do.

What would a lawyer do?  No one has a "right" to visit the US.

[SalishSea 16,888]

2 hours ago, Alfiatkinz said:

I agree but the fact that they didn't even know/ask me about my tie to Canada, make me think this is not the issue.ubless they do know before hand that I am waiting for a visa interview.

Yes, they know.  Because:  computers.