What do you do if you are denied entry
Before this is addressed, you should be familiar with this very important section of the U.S. immigration code:
Section 214(b) states:
(b) Every alien 10/ (other than a nonimmigrant described in subparagraph (L) or (V) of section 101(a)(15), and other than a nonimmigrant described in any provision of section 101(a)(15)(H)(i) except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 101(a)(15). An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288, note], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and su bstance as is prescribed by section 247(b).
So what does this mean in simple terms??
Essentially, only U.S. citizens cannot be turned away from a U.S. port of entry.
CONTRARY TO MYTH, THERE IS NO SIX MONTH RULE THAT ALLOWS YOU (Canadian with no American status) TO "LIVE" IN THE U.S. FOR 6 MONTHS.
Every time you enter the USA, it is at the discretion/approval of a CBP officer. Customs & Border have the final authority as to whether a non U.S. citizen is allowed to enter the United States. This rule also applies even if you have a valid work visa or green card.
The burden of proof is always on you(non U.S. citizen) to prove that you are admissible to the USA. The only people who have a "legal right" to enter the USA are U.S. citizens and "officially recognized" Aboriginal persons( under the Jay Treaty of 1794).
WHEN IN DOUBT ABOUT YOUR ELIGIBILITY TO ENTER THE USA, DON'T PLACE YOURSELF IN A POSITION WHERE THE BORDER IS READING YOU YOUR RIGHTS AND HAVING YOU SIGN A SWORN STATEMENT TO BE USED AGAINST YOU!
REMEMBER...NOT EVERY CRIME REQUIRES A WAIVER! INITIALLY, OUR GOAL WILL ALWAYS BE TO TRY TO FIND APPLICABLE CASE LAW OR METHOD TO GET YOU OUT OF NEEDING A WAIVER(IF POSSIBLE). WHETHER THIS IS YOUR FIRST TIME APPLYING OR THAT YOU HAVE HAD WAIVERS FOR YEARS.
We can even help you if you have been previously deported(including 5 year bans issued by DHS at the border) from the USA.
IN SIMPLE TERMS KNOW(YOUR ELIGIBILITY) BEFORE YOU GO
If you have been denied entry, contact us immediately!