I-194 Waiver Forum

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append delete DanP

In Toronto do you guys always get referred to secondary?

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#1. madeitbc

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append delete #2. Weird

Went through Pearson no secondary, then drove over Ambassador bridge in Windsor no secondary???? This in the last 6 months! Don't even have a card or a stamp in passport!!!! What's that about????

append delete #3. JOHN ROGERS

You may be referring to the I-94 card some people get.

If you DRIVE across the border, they will charge you $6 and put a card in your passport. For 6 months you will no go to secondary. When the card expires and you travel again, you will go to secondary.

When you fly it is different. No card. And every 6 months they are supposed to put you through secondary.

2 reasons. They want to make sure you have not altered your waiver. They also want to detect anyone who gets a waiver and then overstays.

append delete #4. WaiveMeIn

Can anybody share their experience dealing CBP pre-clearance in Pearson (secondary or not)? What are they normally asking during secondary? Cell phone searches? I'm planning to bring pay-stubs, mortgage and employment documents just to be safe. I heard airport is typically more strict than land border.

append delete #5. Michelle

@#4 WaiveMeln, hi, may I ask why you are bringing those documents with you? Did you have problems with an "overstay in the USA previous, and need to prove your ties to Canada? If you are worried about being denied because of a criminal record or criminal history, you are better to bring an current RCMP Criminal record check, copies of a Pardon (if Applies) and court documents showing your conviction. Even with these documents there is no guarantee you will be allowed into country.

append delete #6. WaiveMeIn

Yeah, I mentioned it before.

My issue was not with criminal record (I have no criminal record), but it was due to removal, mostly due to immigration issues before I became a Canadian citizen. I have a waiver, but it's not the usual I-194 waiver, but rather the I-272 waiver (to waive removal admissibility).

I had used this waiver to enter the US through land border last month, but was never issued the I-94 card (like normally most Canadians with waivers would), so I assume that they would pull me again to secondary when I fly in next week

Thanks :)

append delete #7. WaiveMeIn

I flew to the northeast through Pearson, did the kiosk, showed the booth guy the waiver, and they made me to secondary.

The guy in secondary asked me the typical questions like how long I'll be in the US, the purpose of the trip, where I will be staying, and what my job is here in Canada.

He gave me an entry stamp which is good for 6 months (electronic I-94, so no card).

I hope this means they won't pull me to secondary anymore for next entries, at least until the stamp expires.

append delete #8. John Rogers

@WaiveMeIn your assumption is correct, for the next 6 months you SHOULD not be subject to secondary.

append delete #9. K SCOTT

This is not necessarily correct since CBP can pull him in at any time that this wish. It is hard to predict what a CBP officer will do since there are many factors involved here. There is no guarantee that you will not be pulled into Secondary. If they do, then he will probably already know how to handle it. It is not good to tell people this and then they get pulled into Secondary the 3rd time they crossed. It is better to have them mentally prepared for any possibility.

append delete #10. John Rogers

K Scott please read my comment. I never said "guarantee". I said "should". I think its implied that anything is possible.

append delete #11. WaiveMeIn

I think it should be understood by most of us at this point that, unless you're an LPR (even this is questionable; last year, Trump's travel ban even temporarily banned entry to LPRs that are citizens of the seven countries) or a US citizen, you have no right to enter the United States (you can only ask for permission to enter). There is never a guarantee :(

append delete #12. K SCOTT

#11 It has always been this way at the border. Only USA citizens and qualifying Jay Treaty holders have the actual legal right to enter the USA. Everyone else enters at the discretion of the admitting officer....This includes LPRs since they can revoke this status under special conditions at the border. It is called an I-407 Green Card Abandonment.

An example of this happening is that we had someone with a Green Card that was trying to enter the USA with a car with British Columbia plates registered in her name. She also had a B.C. Driver Licence. CBP discovered that they had no USA ties other than a PO Box address in Bellingham. Her Green Card was revoked and she was told to go back to Richmond.

I won't bore you with USA immigration removal proceedings and how people can lose their Green Cards that way.

append delete #13. WaiveMeIn

Ken, I've heard about the Jay Treaty. They are technically not US citizens, but they have unquestionable right to cross the border.

Does it also mean that they can never be deported or refused entry, even if they lie to the border agent or have multiple felony/indictable criminal convictions?

Also, if they want to later on naturalize, do they have to follow the same requirements for naturalization (good moral character, etc), or not really?

Just curious.

append delete #14. MIchelle

#13 WaiverMeln, the Jay Treaty act applies to First Nations Persons, who can prove that they are 50% bloodline. Either by a letter from their reserve or a valid treaty card. When I first started waivers 15 years ago, I did not know about the Jay Treaty Act, and I did a waiver for a First Nations Person, who didn't want to be denied, and he got a "September Letter" right away, and a reference to the Jay Treaty Act. It was 1 of 2 September Letters, that I have ever received. I personally, have never dealt with a First Nations Person who has been denied access into the USA because of a criminal record, and because of the Jay Treaty Act, they are never removed for overstay or improper Immigration status. I work with Carry the Kettle Reserve, and many of their people have extensive criminal records for major things, and all travel freely. They can be questioned by Customs, but are never actually denied. I find this is the one thing that US Customs is consistent with and they do honor the Jay Treaty act. However, the First Nation's person must have a valid treaty card or letter and a current passport to enter. Again this is my experience in Saskatchewan, would love to hear from other areas, or if you are a First Nations person who has been denied, let us know...


First Nations and Native Americans

Home / Entering the U.S. / First Nations and Native Americans

The Jay Treaty, signed in 1794 between Great Britain and the United States, provides that American Indians may travel freely across the international boundary. Under the treaty and corresponding legislation, Native Indians born in Canada are entitled to freely enter the United States for the purpose of employment, study, retirement, investing, and/or immigration.

In order to qualify for these privileges, eligible persons must provide evidence of their American Indian background to at the port of entry. The documentation must be sufficient to show the bearer is at least 50% of the American Indian race. Generally such evidence would include either an identification card from the Ministry of Indian and Northern Affairs or a written statement from an official of the tribe from which you or your ancestors originate, substantiated by documentary evidence (tribe records and civil long form birth certificate bearing the names of both parents). Such a statement would be on the tribe’s official letterhead and should explicitly state what percentage American Indian blood you or your parents possess, based on official records. You should also provide photographic identification, such as a driver’s license or passport, and a Western Hemisphere Travel Initiative (WHTI)-compliant travel document. WHTI makes special provisions for First Nation travelers.

Hope this helps...!!!!

append delete #15. K SCOTT

#14 Michelle you are 100% correct although the only difference is that BC borders often won't grant this status to the Metis Indians...Even if they have their Status Cards.. Yes, it is true since we had a guy that was a convicted rapist but was status First Nations.

We told him that the border could not technically stop him and they then demanded proof of his status. He was in a hurry to go and did not want to wait for his Status Card. We just put together a presentation for him to show at the border and they let him in.

Essentially, status First Nations do not need waivers at all and can move to the USA tomorrow. The only delays that I have seen is that some CBP officers that grew up in the South(Hillbillies) do not realise that some First Nations people have blonde hair and blue eyes. They then demand that they provide proof of their status.

:: @K SCOTT added on 15 Aug ’18 · 14:50

Yes, they cannot deport a person with a valid First Nations Status since where would they send him/her?

append delete #16. Michelle

#15, K Scott, yes, Metis are not considered 50% bloodline, unfortunately, and can be refused.

append delete #17. travel_lover

I went through Pearson about a month ago.....and was sent to secondary , where the wait was long enough we missed our flight....while waiting I think it was Air Canada employee came in and asked names ( I presume to remove our baggage from original flight)......Previous to this for last couple years....I was not sent to secondary on flights but stamped right through at the kiosk ....as far as I know I was not given anything for the next 6 months that was mentioned here previously...When I drive through, always have to pay I think 6 dollars.....that is I-194.....for next 6 months....that they attach to my passport,.,,I have never had this done for flights,,,,I used to always go to secondary it seemed for flights...but last 2-3 years did not....hope doesn't happen every time....very uncaring bunch they can be,.,,,

append delete #18. John Rogers

@travel_lover I am not sure if that is a question or comment.

Basically (you will find this on past threads too so I will keep it short)
You get the card by LAND only every 6 months.
No card if by air but you get a secondary every every 6 months. Waiver holders only.

append delete #19. K SCOTT

It is not really an absolute that they will give the I-94 card every 6 months(Land). It actually depends on the admitting officer. Some officers have given our people an I-94f or only 2 months. One client even got it for one day only. They can issue them for up to 6 months though but it is with officer approval/discretion only. The mood of the officer can also play a role but ideally yes a person can get it for 6 months....but it is no 100% absolute guarantee.

append delete #20. John Rogers

@Ken Scott

I can't comment on the border where you are. Here in the east Waiver holders are getting 6 months cards when they travel by land every time.

Now, if you are NOT a waiver holder, and they are using the card for its intended purpose, a departure record (making sure you come back when you say you will) then it makes sense it will vary in time.

Since for waiver holders its being used specifically to make sure the person is given a secondary inspection every 6 months, why would they put any other time period on it?

Again, I am only referring to Waiver holders.

append delete #21. K SCOTT

Well, technically they can issue the I-94 for whatever time period they choose...However, they do tend to give them for 6 months but it is no guarantee. This individual that only got the 2 day I-94 is one of our V.I.P clients as he has 9 pages of criminal offences for certain things. He told me the border guard looked in the computer and looked his name up and suddenly got really stern with him because of what was in the system. The guard was trying to tempt him into a verbal fight so that he could get his waiver revoked. Luckily, he did not fall for it and the next day got a much nicer officer. So they do treat people differently depending on the person and the officer.

The point is that some of these officers can be cowboys(at least in BC) and we have to also take this into account when we give people their packets and send them to the border.

Another example is that the Sumas Border is the worse one in the lower mainland and there they have a habit of really grilling people and sometimes will try to find a reason to revoke a valid waiver. Apparently, it is a training border and the new guys try to make a good impression on management.


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