Denied entry to USA&must prove ties to Canada to enter USA
#1
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Join Date: Nov 2012
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Denied entry to USA&must prove ties to Canada to enter USA
In December I was denied entry to the USA by customs at Pearson Airport. I'm glad that at Toronto's Pearson we go through customs here in Toronto and I hadn't flown to NYC with my 6 year old only to be sent home.
I was given a list of documents to provide in order to enter the US if I choose to travel there within 6 months of the date I was allowed to "withdraw my application for entry."
I have a cruise that I booked and paid for over a year ago on March 5, 2016 for my daughter and myself that leaves from Miami. I wouldn't have booked this cruise so soon to my denied entry of course but it was already booked and paid for.
I have the documents required except I hadn't filed my taxes and hope I receive my return documents from Revenue Canada in time for the cruise.
My question however, is where do I submit all the required paperwork? It includes my bank statement, lease agreement, return ticket to Canada, etc., Do I need to make an appointment somewhere in advance or do I simply go very early to the airport on the day of departure and show everything to US Customs there? Do I go before my scheduled flight by a few days? I have tried calling US Customs at Pearson as well as the US Consulate in Ottawa but cannot reach anyone. I am sure I am not the only person to have had this issue so hoped someone could help me.
Also, I had emergency intestinal surgery in NYC in June 2015 which was a reason I was in NY longer than intended then. I was supposed to have a follow up appointment with my surgeon in December but was not given the chance to explain this to customs when I was denied. I plan to have the appointment in March after the cruise. My surgery was not for anything communicable and I am quite healthy now. However, I've been told by friends not to disclose anything of a medical nature to customs as it could be used as a reason to deny me entry to the USA instead of aiding my application. Is this true that any medical treatments could hinder entry instead of helping?
Thank you for any advice and input.
I was given a list of documents to provide in order to enter the US if I choose to travel there within 6 months of the date I was allowed to "withdraw my application for entry."
I have a cruise that I booked and paid for over a year ago on March 5, 2016 for my daughter and myself that leaves from Miami. I wouldn't have booked this cruise so soon to my denied entry of course but it was already booked and paid for.
I have the documents required except I hadn't filed my taxes and hope I receive my return documents from Revenue Canada in time for the cruise.
My question however, is where do I submit all the required paperwork? It includes my bank statement, lease agreement, return ticket to Canada, etc., Do I need to make an appointment somewhere in advance or do I simply go very early to the airport on the day of departure and show everything to US Customs there? Do I go before my scheduled flight by a few days? I have tried calling US Customs at Pearson as well as the US Consulate in Ottawa but cannot reach anyone. I am sure I am not the only person to have had this issue so hoped someone could help me.
Also, I had emergency intestinal surgery in NYC in June 2015 which was a reason I was in NY longer than intended then. I was supposed to have a follow up appointment with my surgeon in December but was not given the chance to explain this to customs when I was denied. I plan to have the appointment in March after the cruise. My surgery was not for anything communicable and I am quite healthy now. However, I've been told by friends not to disclose anything of a medical nature to customs as it could be used as a reason to deny me entry to the USA instead of aiding my application. Is this true that any medical treatments could hinder entry instead of helping?
Thank you for any advice and input.
#2
Join Date: Feb 2013
Location: Somewhere In The Five Eyes
Posts: 228
If an unforeseen medical emergency resulted in over-staying ... Admit it. Own it. Have the paperwork that proves this explanation. Perhaps a letter from the surgeon that explains it in very simple words, in a few sentences.
#3
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Posts: 50,262
Your "friends" are neither friends nor, apparently immigration lawyers. In the simplest words, they are fools.
The best way to assure that you will never be admitted to the US (or anywhere) is to lie. Your overstay was exigent, unplanned and for good reason. You presumably have medical records which demonstrate the nature of the procedure and where you were. Those are highly relevant. A letter (not a note) from the surgeon, which explains in clear language that this was an emergency and that there is no ongoing risk, ought to suffice. It may be helpful if the surgeon's letter explains why the followup cannot occur in Canada.
You said that you were departing YYZ and you only show your location as "Canada." If you do reside in Toronto, you should know that there is a US Consulate in Toronto and you might start there. There are also other consulates at the following locations if those suit your location better:
http://canada.usembassy.gov/consulates.html
The best way to assure that you will never be admitted to the US (or anywhere) is to lie. Your overstay was exigent, unplanned and for good reason. You presumably have medical records which demonstrate the nature of the procedure and where you were. Those are highly relevant. A letter (not a note) from the surgeon, which explains in clear language that this was an emergency and that there is no ongoing risk, ought to suffice. It may be helpful if the surgeon's letter explains why the followup cannot occur in Canada.
You said that you were departing YYZ and you only show your location as "Canada." If you do reside in Toronto, you should know that there is a US Consulate in Toronto and you might start there. There are also other consulates at the following locations if those suit your location better:
http://canada.usembassy.gov/consulates.html
#4
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Can you use last year's tax documents? Most people in the USA haven't yet filed this year.
#5
Join Date: Dec 2015
Posts: 370
let me play the border agent for a moment...
(1) what are the purposes for your frequent visits to the US? (July, December, March)
(2) where do you work and how much do you make in Canada?
(3) do you rent or own your home? if so, what's the monthly rent or mortgage payment?
(4) why are you traveling with just your daughter? where is the father? do you have sole custody of your daughter? if not, do you have permission from the father to take her out of Canada?
(5)
(1) what are the purposes for your frequent visits to the US? (July, December, March)
(2) where do you work and how much do you make in Canada?
(3) do you rent or own your home? if so, what's the monthly rent or mortgage payment?
(4) why are you traveling with just your daughter? where is the father? do you have sole custody of your daughter? if not, do you have permission from the father to take her out of Canada?
(5)
#7
Join Date: Dec 2015
Posts: 370
all they want is something to reassure them that the visitor will leave the US and return to country of residence.
it's always to travel with a notarized letter from the non-traveling spouse or whoever shares custody of the minor. they don't always ask it, but you sure don't want to be without one when asked. this is for the protection of the minor. Not hard to do, just a letter, $5 notary fee, and a few minutes of your time.
https://help.cbp.gov/app/answers/det...ot-a-parent-or
Last edited by weltfrieden; Feb 14, 2016 at 6:33 pm
#8
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Join Date: Nov 2012
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Thanks for your replies. I'm just going to speak to an immigration consultant to get my answers. The consulate never answers their phone or returns messages or emails. I've been trying them since Jan 4. I've even called other locations. I have tried the US Customs office at Pearson but their phone rings but is not answered no matter what time or day you call. Their recording states their hours but I guess they don't extend to answering the phone. I called them since they gave me the paperwork
As for the customs questions, they're not the issue. However, I wasn't asked any questions nor allowed to speak this last time anyways.
I always have a notarized permission to travel alone with my daughter letter whenever her father isn't with us. You're right though it's hit or miss if you're asked for it. I'm usually asked for it upon our return to Canada rather than our departure. I find this odd as I am bringing my daughter BACK home, not trying to take off with her. It's just easier to have it and although it's not necessary to notarize it, it just makes life so much easier and less questions asked.
I think I will just go to the airport and ask my questions if I can't get answers elsewhere
Thanks again.
As for the customs questions, they're not the issue. However, I wasn't asked any questions nor allowed to speak this last time anyways.
I always have a notarized permission to travel alone with my daughter letter whenever her father isn't with us. You're right though it's hit or miss if you're asked for it. I'm usually asked for it upon our return to Canada rather than our departure. I find this odd as I am bringing my daughter BACK home, not trying to take off with her. It's just easier to have it and although it's not necessary to notarize it, it just makes life so much easier and less questions asked.
I think I will just go to the airport and ask my questions if I can't get answers elsewhere
Thanks again.