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-   -   Denied entry into the U.S (https://www.flyertalk.com/forum/practical-travel-safety-security-issues/1766141-denied-entry-into-u-s.html)

bbtrvl Aug 29, 2016 3:22 am


Originally Posted by chgoeditor (Post 27132156)
But reread her first post. She was previously denied entry when attempting to transit the United States on a one-way ticket before heading to Nicaragua.

You should reread her later post:


Looking at the paperwork I received, it looks like it was a 'application for admission withdrawn'
Withdrawing application for admission is extremely different than a denied entry and CBP very strongly distinguishes between the two. "Denied entry" is a legal definition that means something very specific.

squeakr Aug 29, 2016 8:36 am

I don't think anyone here CAN promise it will be OK
 
If you want to play it safe, you'll need to put up the money for a flight that is not transit through the US. If you want to risk it, I'd certainly do everything I could first to become eligible for re admission so you don't have any problems.

kwflyer Aug 29, 2016 8:40 am


Originally Posted by Jeannietx (Post 27125092)
How did the officer even know about the 2012 incident? Obviously there was record of the flight, but how did he know who paid for the ticket? That makes absolutely no sense no me.

I feel it is not unusual, if flying to a country of which you are not a citizen, to be questioned if you cannot prove you have either the means to support yourself, or at least a paid return ticket back to your home country.

I am a US citizen, and when flying with a one way ticket from LAX to Auckland, I had to show proof, when checking in, that I had a paid departure booked to leave New Zealand or they would not let me board at LAX.

CBP has access to (among other things) full flight details including: date/time of booking, payment method (i.e. cash, cc, debit), email address of who booked it, IP address, address of bookee and traveller (if different).

Basically any information you provide to the airline traveling to/transiting the US (and all the meta data) CBP can see (although they have to log into another system to see it). Any information you provide verbatim, can be recorded to your file (and should be deemed to be recorded as listening devices are allowed at POE that can be used at any time, to research past verbatim, that can be held indefinitely)

CBP can also write whatever notes they regarding the inspection they deem necessary. These notes can be seen on any subsequent crossing and can affect your ATS score (risk score assigned to each traveller, similar to a credit history).

CBSA in Canada can do all the same as CBP, and information sharing is commonplace via authorized acts of parliament/congress.

Non citizens of a country (regardless of transiting or travelling to) seeking entry are deemed to be travelling as non bonfa fide travellers, until proved otherwise by the traveller, which will be decided in the sole and absolute discretion of the customs officers.

OP, sounds like you were allowed to withdraw your application. CBP should have given you a list of things to bring next time crossing the border (ties to your country) which among them would be proof of employment (pay stubs). If you can't find the list you can download one from CBP or make an anonymous call and they can provide the standard checklist.

I would not cross the border again unless you can satisfy everything on that checklist. Otherwise look to travel without transiting the US. Seeking entry to another country (even for transiting) as a non citizen/resident is privilege not a right. Innocent till proven guilty is not how the border justice system works (quite the opposite)

Jeannietx Aug 29, 2016 6:54 pm

kwflyer
 
Interesting info!

lmashton Aug 30, 2016 8:04 am

My husband also has "application for admission withdrawn" on his record for entering the US from 2002 or thereabouts. Last year, he applied for and received a 5 year (I think - could be ten) multiple entry visa to the US. Upon trying to pass through immigration in the US, he was pulled over into the room for an interview before he would be admitted into the US. He was told by the immigration officer that, because of the "application for admission withdrawn", he will *always* be pulled over into the interview room before being admitted into the US for the rest of his life. (And yes, they had his entire history of when he entered and left the US in front of them, even with different passports over the years.)

My husband is brown from a country with a lousy passport. Your experience may not be the same as his, but you probably would be better off being prepared for it.

TravellingSalesman Aug 31, 2016 4:16 pm

My advice would be to consult with "proper resources", i.e. either directly with the US authorities or an immigration lawyer, rather than rely on the advice of anonymous people who by necessity base their advice on a few paragraphs of information.

catocony Aug 31, 2016 9:46 pm

Pay the extra money and fly non-stop from Canada to wherever. It's that simple.

Miranda68 Sep 5, 2016 9:44 pm

That's a terrible story, but doesn't surprise me. My husband and I live about 20 minutes from the Canadian border. We have always enjoyed going to Fort Erie to watch the horse races as there are no nearby thoroughbred tracks in New York. But it's really stressful coming back to the USA afterwards. We're United States citizens, almost 50 years old, no arrests, not members of any commonly "profiled" groups and have lived in the same town since we were born. We're questioned in a very tough manner every single time. I get nervous the whole time we're in Canada because I know how stressful it will be to cross back in the United States. It almost makes me not want to go to Canada anymore, but I really enjoy the horse racing and right now the Canadian dollar is weak so we can get a nice dinner for a reasonable amount too.

I feel bad for you. I'd be so upset if I were accused of being a prostitute. :(

jphripjah Sep 5, 2016 11:30 pm


Originally Posted by Miranda68 (Post 27170635)
We're questioned in a very tough manner every single time. (

Once you prove your U.S. citizenship, you don't have to answer any other questions from CBP officers.

bbtrvl Sep 6, 2016 1:32 am


Originally Posted by catocony (Post 27149041)
Pay the extra money and fly non-stop from Canada to wherever. It's that simple.

Lots of places in Canada are less than a day drive from the US border, might as well take a road trip and see what happens at the border before concluding anything.

Actually, if it were me I would pay the $50 CAD to apply for NEXUS. I have no idea if application for admission withdrawn is automatic disqualifying or not. If not then conditional approval at least lets you talk to a US CBP officer.

Even RT same day YYZ-JFK is cheap enough to try and with preclearance knowing if OK before even getting on the plane...

kwflyer Sep 6, 2016 7:41 pm


Originally Posted by jphripjah (Post 27170899)
Once you prove your U.S. citizenship, you don't have to answer any other questions from CBP officers.

True, but expect a permanent referral to secondary every time you cross the border.

kwflyer Sep 6, 2016 7:47 pm


Originally Posted by bbtrvl (Post 27171261)
Lots of places in Canada are less than a day drive from the US border, might as well take a road trip and see what happens at the border before concluding anything.

Actually, if it were me I would pay the $50 CAD to apply for NEXUS. I have no idea if application for admission withdrawn is automatic disqualifying or not. If not then conditional approval at least lets you talk to a US CBP officer.

Even RT same day YYZ-JFK is cheap enough to try and with preclearance knowing if OK before even getting on the plane...

I would not try this. OP would likely be denied nexus, application to withdraw admission is a big red flag. Nexus is all about trust, and any one with problems at the border faces large uphill battle to become trusted (for a long time). The exact reason they stamp your passport with the big application withdrawn is to ensure further scrutiny at the border.

If OP wants to travel through the US, they should look to satisfy the requirements CBP demanded. Otherwise take flights that don't transit the US, don't travel at all, or hire an immigration solicitor.

GUWonder Sep 6, 2016 10:24 pm


Originally Posted by kwflyer (Post 27175527)
True, but expect a permanent referral to secondary every time you cross the border.

That permanent referral to secondary is commonly not how it works.

jphripjah Sep 9, 2016 3:41 am


Originally Posted by GUWonder (Post 27176031)
That permanent referral to secondary is commonly not how it works.

Right. I have refused to answer questions 4-5 times, including returning from trips to Iraq and Afghanistan. I'm not flagged for automatic referral to secondary (I think I was for a year or so at one point).

kwflyer Sep 11, 2016 5:50 am


Originally Posted by GUWonder (Post 27176031)
That permanent referral to secondary is commonly not how it works.

I'm sure some will find exceptions to prove the rule. But when being perceived to be uncooperative, one should manage expectations accordingly, and prepare for the highest common denominator of scrutiny.


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