Travelling to the US? Anyone can be denied entry

Waiver of inadmissibility or not, being denied entry to the US can happen to anyone. Understanding how bad things can go, properly ensuring you have appropriate documentation and clear intent on your visit is paramount. Keep in mind, traveling from Canada to the US is a privilege not a right, and US border guards have complete jurisdiction on whether or not you are allowed to visit the United States of America.

Simply crossing the border with fruit, can get you refused (trust me, this happens – I've actually seen someone get pulled into secondary because they had an orange in their hand).

B1 / B2 visa primer

Visiting the US for business or pleasure is really more complicated than it appears. When you arrive at the border and fill out that blue card, you are in essence, completing a US visa application. There are 2 main types of American visas that are commonly issued for US travel (determined at the actual border or pre-clearance facility for us Canadians). The first is called a B1 visa which permits the traveller to temporarily visit the US for business. Examples for travel include: consulting with business associates; attending a professional conference; settling an estate; or negotiating a contract. The second is called a B2 visa. The B2 visa is a tourist visa and allows a traveller temporary visitation to the US such activities as: vacations; visits with friends or family; medical treatment; participation in amateur events like music or sports; and enrolment in short recreational non-credited study (a cooking class, for example).

There are a lot of activities that are not permitted on the B visa. For example, you can't just show up at the border and inform them that you plan to work in the US (this requires an entirely different visa). You also can't show up at the border with a car full of everything you own – expecting to move to and live in the warm US south – planning to permanently escaping the Canadian weather.

Rounding this out, you can't study in the US with the B visa; conduct paid performances; arrive as a crew member of a ship or aircraft, or even enter as a journalist (again, these require different work visas).

Burden of proof

The bottom line, there is a burden of proof placed on an applicant for the US B1 / B2 visa to prove they are not working in, or immigrating to, the US illegally, and most importantly that they are leaving. It's the border guards responsibility to determine if you are telling the truth or not, and they will always err on the side of caution and in the best interest of American security.

The main points to keep in mind:

• be prepared and well rested;
• understand the requirement of a burden of proof on the applicant (you);
• have clear intent about what you are doing in the US and where you are going;
• have proof of your ties to Canada;
• demonstrate a clear intention to leave the US with a specific return date (if flying, have a return flight booked);

Knowing all of this actually makes border travel less daunting. The take away? Whoever you are, don’t take the US border crossing for granted.