Entering the U.S. in-transit

QUESTION: In March 2011, I was going to the States to au pair for a family. I went to the airport with the impression that I didn't need a visa. When I got there I was interviewed and my passport was stamped "Refused in accordance with INA section 217 RO6020". I have received my Canadian work visa to work there for 12 months but I need to stop in the States to get my connecting flight to Toronto. I was wondering will this stamp on my passport be an issue at the airport? I seem to be going around in circles with various people I have spoken to. Any help would be much appreciated.

REPLY: It sounds as though you have been refused admission under the Visa Waiver Program based upon your intent to work in the U.S. (the VWP is only meant to apply to visitors).  The result of being refused admission under the VWP is that you are no longer eligible to use the program.  This means that you need to obtain a visa through the U.S. Consulate to travel to the U.S., even if it is only in-transit.  The C visa is specifically for the purpose of foreign nationals traveling through the U.S. in-transit.  The other option is to try to find a direct flight to Canada.

Report on immigration law enforcement in New York State

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http://www.timesunion.com/default/article/Suddenly-unwelcome-2294322.php

Material Misrepresentation

QUESTION:  I am about to file the I-485 in EB2 category.  I just came to know that a misrepreentation made on a nonimmigrant visa application in 2007(that related to a past conviction in 1995) might be a serious problem regarding inadmissibility.  Is this true?

REPLY:  Thank you for your question.  I cannot provide case-specific information without first learning the details of your case.  However, I have provided some information below that should be helpful.

Any material misrepresentation that is made in connection with an application for an immigration benefit renders the individual inadmissible for life; it does not matter how long ago the misrepresentation was made.  See INA 212(a)(6)(C)(i).  The act of misrepresentation must have been both willful and material.  The first step is to always review the alleged fraud/misrepresentation to determine whether it was willful and material for immigration purposes.

There is an immigrant waiver available to overcome inadmissibility based upon fraud/misrepresentation under INA § 212(i).  This waiver requires that the applicant demonstrate that his/her refusal of admission would result in extreme hardship to the U.S. citizen or lawfully resident spouse or parent of the applicant.  Unfortunately, there is not an immigrant waiver available to individuals who do not have a U.S. citizen or permanent resident spouse or parent.

You should also be aware that many criminal convictions are also grounds of inadmissibility.  There are immigrant waivers available for most criminal convictions, which can be found at INA 212(h).

If you would like to submit additional information about your case and receive a complete professional analysis, please consider contacting my office to set up a consultation. 

Withdrawal of Application for Admission

Foreign nationals who apply for admission and are told that they are inadmissible to the U.S. are eligible to request permission to withdraw his/her application for admission.  CBP officials have several choices when an individual applies for admission to the U.S. and is deemed inadmissible at the port of entry.

Read more about withdrawal of application for admission

9th Circuit Court of Appeals to determine whether expedited removal applies to Canadians

The appeal brief was filed yesterday in a 9th Circuit case regarding the issue of whether the expedited removal provision of the Immigration and Nationality Act applies to Canadian citizens applying for admission to the U.S. as visitors.  A decision is not expected for a few months, but I will keep you posted!