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Ties and Equities to Your Home Country

Countries such as United States will offer visa-free travel to citizens of Canada and Bermuda. Specifically, Canadian and citizens of Bermuda do not require a nonimmigrant visa for travel up to 180 days, for business and pleasure. This visit can also be extended by filing the necessary documentation with the United States Citizenship and Immigration Services.

The question is why does the United States grant special status to these countries? One basic answer is that Canadian and Bermuda citizens are generally happy individuals and have been deemed a low security threat. There are also special treaties and agreements in place to facilitate travel between these countries. It is this affinity and close ties with their home country which grants citizens of Canada and Bermuda these exclusive privileges The U.S. Government is of the opinion that the USA is the top destination for global travel for citizens from every country in the world.

Despite the close physical proximity of the United States and Canada, there are times when visitors have faced inadmissibility issues. The incidents of Canadian individuals being denied entry to the USA and sent back, are on the rise, and one the reasons is - frequent travel.

If the officer from the United States Customs and Border Protection, a federal law enforcement agency believes that a certain individual is spending more time in an American state than his/her home country, then he has the right to refuse entry and send you home. As mentioned above, the visa free travel arrangement is based on the fact that the intended purpose of the visit is for temporary pleasure or business. The CBP officer (with supervisory concurrence) will deny the entry to the USA and order the person to return to their home country if he or she feels that the person seeking entry has been deemed to be an intending immigrant without a visa.

Does this mean you cannot travel to U.S without visa? The answer is ... you can. But first, you need to provide evidence to the US Custom and Border Patrol officer that your visits temporary to the United States are either allowed under the business category or are purely recreational in nature. Specifically, you have no intention of immigrating without a visa. This visa category is known as B-1/B-2. B-1 means Visitor for Business and B-2 means Visitor for Pleasure. You are required by law to have strong ties to your home country in order to qualify under this visa category. Note that this requirement applies to you whether your home country is Canada or Bermuda or wherever. Some strong evidence / ties that you can provide are mentioned below (but are not limited to):

  • Residential property details.
  • Job details including earnings.
  • Income tax filings / returns.
  • And miscellaneous documents such as educational certificates, utility bills and bank statements.
  • Other ties that clearly show that you are not an intending immigrant.

The above documents along with a strong and substantial cover letter may or may not be enough to convince CBP that you have no desire to settle down in the United States and live as an illegal immigrant. However, filing these documents is a tough job. It requires skill and experience which an experienced and renowned U.S. Immigration Law Intelligence Analysts can offer. Moreover, when the case is properly prepared, you have a much greater chance of success. If it is not properly prepared or you do not make the appropriate in person presentation, you run the severe risk of a 5 Year Ban deportation issued by the CBP officer. This is known as an Expedited Removal where CBP is the Judge, Jury and Executioner! If you are caught trying to reenter or reenter the United States without getting this problem cleared, then you run the risk of getting your vehicle seized and/or getting arrested and spending 2-20 years in a U.S. Federal Detention Centre aka Prison!

It is highly recommended that you seek out our professional help and get your name cleared from this restriction as soon as possible. Our clientele never will fall into this trap since we painstakingly ensure that you will be deemed admissible to the United States before you go to the border. You may also cause yourself to need a US Entry Waiver for either a 1-time offence or for every couple of years for the rest of your life. In a lot of cases it is often less work and much easier to clear violent crime offences than these particular cases. Yes, they can be cleared but it can be extremely pain staking work.

A point to note - individuals with unusually high frequency of visits and those who have a large family in the United Sates will need a different approach to prove their ties with Canada. In either case, the final decision is entirely the privilege of the US Customs and Border Protection Officer Supervisor on duty.