Quebec student shaken by U.S. border ordeal

Machjo

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Since I'm pretty damned sure you need a B1 Visa to do any volunteer work in the US, and there's no mention of it in the article. Do you think you might be jumping the gun a little?

That might be the reason she was denied entry. A valid Canadian passport allows you to set foot on US soil, but that's it. She was not going as a tourist but to volunteer, and that might be the issue there.

But honestly, would it have been so difficult for the border guard to say:

"Miss, you need a B1 visa to volunteer in the US, and since your stated purpose for entering the is to volunteer, I have no choice but to see your valid B1 visa before I can allow you entry."

Yes she may have had a fit, but still that would have been well within the guard's mandate, and he could have advised the address of the nearest US consulate, most likely in Toronto, and at least expressed some empathy for her plight and his inability to allow her entry. Compare that to:

"Yeah, you bloody Canadians are taking all our good volunteer jobs. Do you know how many people in our country would kill for room and board in exchange for work. Go back home."

Of course I'm exaggerating his response in the article, but you need to consider that these guys represent their country. What kind of image do you think he gives of his country if he can't even give a valid legal reason to deny her entry and show a little human compassion for her plight?
 

Machjo

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The U.S. Visa Waiver Program requires visitors from various countries to have Machine Readable Passports to enter the U.S. Canadian citizens are exempt from this program. This requirement does not apply to Canadians even if the passport is issued abroad.

A valid Canadian passport allows her to set to travel to the US, not do what she wants. There are also ineligibility criteria such as drunk driving or other criminal records. Though granted the article mentions nothing of that.

As for volunteering, it seems to be a grey area:

Canadians who require U.S. visas

It really depends on whether volunteering is classified as employment I suppose. But if in doubt, she should have found out directly from the embassy and that way at the border she could have challenged the border guard (in a friendly and respectful tone of course) to contact the US embassy or wherever he confirms these laws to see for himself, in which case he'd apologize for the error on his part and she'd be on her merry way.
 

CDNBear

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The U.S. Visa Waiver Program requires visitors from various countries to have Machine Readable Passports to enter the U.S. Canadian citizens are exempt from this program. This requirement does not apply to Canadians even if the passport is issued abroad.
Your link doesn't work, but I suspect that because you know it's BS. You may want to track that wiki article back to the source so you can see where you went wrong. Although I think you'll likely get hung up on the wording involved.


I didn't mean in a legal sense here, but rather as a matter of respect.
There are no laws regarding respect. Behavior is an internal matter for ones employer to handle.

That might be the reason she was denied entry. A valid Canadian passport allows you to set foot on US soil, but that's it. She was not going as a tourist but to volunteer, and that might be the issue there.
There are exemptions as juan tried to indicate. But as a member of an international organization, the matter changes.

But honestly, would it have been so difficult for the border guard to say:

"Miss, you need a B1 visa to volunteer in the US, and since your stated purpose for entering the is to volunteer, I have no choice but to see your valid B1 visa before I can allow you entry."
Nope, not at all.
Yes she may have had a fit, but still that would have been well within the guard's mandate, and he could have advised the address of the nearest US consulate, most likely in Toronto, and at least expressed some empathy for her plight and his inability to allow her entry. Compare that to:

"Yeah, you bloody Canadians are taking all our good volunteer jobs. Do you know how many people in our country would kill for room and board in exchange for work. Go back home."
But we don't know what she did, when informed she was going to be denied. Not that that negates the inappropriateness of his opinions. But over the years I've learned, when dealing with people who can cause you to be legally stripped searched, and have cavities probed. Discretion is always the better part of valour.

Of course I'm exaggerating his response in the article, but you need to consider that these guys represent their country.
I understood that and I agree, to some extent.
What kind of image do you think he gives of his country if he can't even give a valid legal reason to deny her entry and show a little human compassion for her plight?
We don't know he didn't. We only have half the story.
 

CDNBear

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A valid Canadian passport allows her to set to travel to the US, not do what she wants. There are also ineligibility criteria such as drunk driving or other criminal records. Though granted the article mentions nothing of that.

As for volunteering, it seems to be a grey area:

Canadians who require U.S. visas
It's not really grey.
It really depends on whether volunteering is classified as employment I suppose.
It is isn't, it is classified as "work". You are considered an employee of an international organization, if you are acting or working under there guidance.
 

petros

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This clears up this thread:

B-1 NON-IMMIGRANT VISA FOR VOLUNTEER SERVICE

How to apply for a B-1 visa for Volunteer Service:
[FONT=Arial,Arial][FONT=Arial,Arial]

Appointments may be scheduled by calling our Visa Information Service at​
[/FONT]​
[/FONT]0900-1-850055 [FONT=Arial,Arial][FONT=Arial,Arial]([/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]1.86/min., Monday – Friday 7am – 8pm) or online at: www.usvisa-germany.com ($10, credit card required). Applicants for visitor visas should generally apply at the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence.

The purpose of this visa is service to one’s neighbour and community. The validity of the visa may not exceed one year.
At the time of your personal interview the following documents must be submitted
[/FONT]
[/FONT]:
[FONT=Arial,Arial][FONT=Arial,Arial]

-- a​
[/FONT]​
[/FONT]passport [FONT=Arial,Arial][FONT=Arial,Arial]valid for at least the applicant's intended period of stay in the United States for German citizens; for certain other nationalities, the passport must be valid 6 months beyond the departure date);
-- the
[/FONT]
[/FONT]DS-156 Electronic Visa Application Form [FONT=Arial,Arial][FONT=Arial,Arial](EVAF) must be completed for each applicant, regardless of age, online, and can be accessed at Electronic Visa Application Forms - Instructions Page;
-- a
[/FONT]
[/FONT]form DS-157 [FONT=Arial,Arial][FONT=Arial,Arial]([/FONT][/FONT]Supplemental Nonimmigrant Visa Application), [FONT=Arial,Arial][FONT=Arial,Arial]to be filled out by all male nonimmigrant visa applicants between the ages of 16 and 45;
-- one
[/FONT]
[/FONT]photograph taken within the past 6 months[FONT=Arial,Arial][FONT=Arial,Arial], for each applicant, including children (size: 5x5cm, white background, directly facing the camera, both ears visible);
-- evidence of your
[/FONT]
[/FONT]intention to leave [FONT=Arial,Arial][FONT=Arial,Arial]the U.S. after a temporary stay;
-- evidence of having paid by bank transfer
[/FONT]
[/FONT][FONT=Arial,Arial][FONT=Arial,Arial](Überweisung) [/FONT][/FONT][FONT=Arial,Arial][FONT=Arial,Arial]the non-refundable [/FONT][/FONT]application fee [FONT=Arial,Arial][FONT=Arial,Arial]of $100 for each application. The visa application fee must be paid on-line via Roskos & Meier: www.visasystem.de. If you do not have internet access, payment of the visa application fee can be made to the Embassy account at Dresdner Bank AG Berlin, Bankleitzahl 120 800 00, account number 40 512 576 00. The visa application fee must be paid in Euros – to obtain the current Euro amount required please check one of the following websites:


The original receipt from the bank must be submitted with each application as proof of payment; cash will not be accepted;
-- a self-addressed, stamped
[/FONT]
[/FONT]envelope [FONT=Arial,Arial][FONT=Arial,Arial]large enough for your passport and all submitted documents ([/FONT][/FONT]regular [FONT=Arial,Arial][FONT=Arial,Arial]mail, please).
[/FONT]​
[/FONT][FONT=Verdana,Verdana][FONT=Verdana,Verdana]

FRN-NIV-02 07/2007 FRN-NIV-02 07/2007
[/FONT]
[/FONT][FONT=Arial,Arial][FONT=Arial,Arial]These additional documents should also be presented on the date of your visa interview:
A precise description of the program in which you wish to participate and proof of their non-profit status;
A letter from the organization stating the volunteer’s name and date and place of birth; the foreign permanent residence address, the name and address of initial destination in the United States; and anticipated duration of stay. If visa is approved, this will be stapled in your passport for the Immigration Officer at the Port of Entry.);
Evidence of financing for this trip: (Savings; funds from parents; allowance, etc.);
Evidence of your plans upon completion of the volunteer service (Studienplatz, zukünftige Arbeitsstelle, etc.).
[/FONT]
[/FONT]B-1 Visa for Volunteer Service [FONT=Arial,Arial][FONT=Arial,Arial](except from Foreign Affairs Manual)
9 FAM 41.31, N9.1-5 - participants in Voluntary Service Programs
[/FONT]
[/FONT]a. Aliens participating in a voluntary service program benefiting U.S. local communities, who establish that they are members of, and have a commitment to, a particular recognized religious or non-profit charitable organization. No salary or remuneration shall be paid from a U.S. source, other than an allowance or other reimbursement for expenses incidental to the volunteer’s stay in the United States.
[FONT=Arial,Arial][FONT=Arial,Arial]b. A "voluntary service program" is an organized project conducted by a recognized religious or non-profit charitable organization to provide assistance to the poor or the needy or to further a religious or charitable cause. The program may not, however, involve the selling of articles and/or the solicitation and acceptance of donations. The burden that the voluntary program meets the Department of Homeland Security (DHS) definition of "voluntary service program" is placed upon the recognized religious or non-profit charitable organization, which must also meet other criteria set out in the DHS Operating Instructions with regard to voluntary workers.
c. The consular officer must ensure that the written statement issued by the sponsoring organization is attached to the passport containing the visa for presentation to the Department of Homeland Security (DHS) officer at the port of entry. The written statement will be furnished by the alien participating in a service program sponsored by the religious or non-profit charitable organization and must contain DHS required information such as the:
• The volunteer’s name and date and place of birth;
• Volunteer’s foreign permanent residence address;
• Name and address of initial destination in the United States; and
• Volunteer’s anticipated duration of assignment.
[/FONT]
[/FONT]
[FONT=Arial,Arial][FONT=Arial,Arial][/FONT][/FONT]​
 

DurkaDurka

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Border Guards are pricks, regardless if they are Canadian or American it seems.

http://www.thestar.com/news/insight...r-rudeness-maybe-the-jerk-method-doesn-t-work


A friend of mine travels to the US for work regularly and claims that border guards have been quite vigilant of late in ensuring that you are not "stealing US jobs". So he ends up having to show a Visa, letter from the contractor, bills etc everytime he crosses.
 

petros

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Border Guards are pricks, regardless if they are Canadian or American it seems.
Some aren't that bright either. I had one confuse my NRCan I.D. as some sort of narcotics officer I.D. and was moved to the front of the line and walked right through airport security without any hassles.
 

Machjo

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Border Guards are pricks, regardless if they are Canadian or American it seems.

Border rudeness: Maybe the jerk method doesn?t work - thestar.com


A friend of mine travels to the US for work regularly and claims that border guards have been quite vigilant of late in ensuring that you are not "stealing US jobs". So he ends up having to show a Visa, letter from the contractor, bills etc everytime he crosses.

That's fair enough as long as the border guards let him in if they have no valid grounds to refuse him entry. To ask for id is perfectly reasonable. It's just the attitude that comes with it sometimes.
 

CDNBear

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Border Guards are pricks, regardless if they are Canadian or American it seems.

Border rudeness: Maybe the jerk method doesn?t work - thestar.com


A friend of mine travels to the US for work regularly and claims that border guards have been quite vigilant of late in ensuring that you are not "stealing US jobs". So he ends up having to show a Visa, letter from the contractor, bills etc everytime he crosses.
You know I hear this a lot. Right along side the whole Cops and CO"s are dicks too.

I will agree that they can be ignorant, but if you help escalate the situation, you're going to lose in the short term. Sure, some point down the road you might be vindicated, but why put yourself through the misery.

And Durka, I can totally relate to your friend. Which of course punches more holes in juan's post.
 

Machjo

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It's not really grey.
It is isn't, it is classified as "work". You are considered an employee of an international organization, if you are acting or working under there guidance.

In that case she needed the B1 visa and the border guard thus had no choice but to deny her entry as was his mandate. In the end, it still sounds like he was a prick though in the comments he'd made. There is a kind way to deny entry and a rude way. He just chose the rude way.
 

DurkaDurka

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Some aren't that bright either. I had one confuse my NRCan I.D. as some sort of narcotics officer I.D. and was moved to the front of the line and walked right through airport security without any hassles.

Haha, that's pretty funny.Natural Resources Canada - DRUG ENFORCEMENT.
 

CDNBear

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Some aren't that bright either. I had one confuse my NRCan I.D. as some sort of narcotics officer I.D. and was moved to the front of the line and walked right through airport security without any hassles.


It's amazing how some of these people get employed. Makes you wonder if some branches of Gov't service really do hire from the bottom of the barrel.
 

CDNBear

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In that case she needed the B1 visa and the border guard thus had no choice but to deny her entry as was his mandate. In the end, it still sounds like he was a prick though in the comments he'd made. There is a kind way to deny entry and a rude way. He just chose the rude way.
Likely. As Durka pointed out and I personally can attest to myself, border guards, US or Canadian, sometimes come off as ignorant as one can possibly be.
 

DurkaDurka

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You know I hear this a lot. Right along side the whole Cops and CO"s are dicks too.

I will agree that they can be ignorant, but if you help escalate the situation, you're going to lose in the short term. Sure, some point down the road you might be vindicated, but why put yourself through the misery.

And Durka, I can totally relate to your friend. Which of course punches more holes in juan's post.

I haven't crossed the border in years so I can only comment on what I read or hear from friends. Dealing with border guards is much like dealing with cops in my opinion, they'll usually only be dicks if you give them a reason to.
 

Machjo

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I understood that and I agree, to some extent.
We don't know he didn't. We only have half the story.

That is true. Emotions can distort our memory of reality. If she was particularly distraught, she may have developed a false memory of the situation, in which the guard was kind and sympathetic, but she was acting out, and he gradually upped the ante as necessary. If that's the case, and she just has a blocked memory (and I'm not accusing her of lying here, but emotions and distort sincere recollections of events as they change our state of mind), then though she might not necessarily be intentionally lying, she may very well not remember how she contributed to the escalation, or only vaguely.
 

DurkaDurka

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That's fair enough as long as the border guards let him in if they have no valid grounds to refuse him entry. To ask for id is perfectly reasonable. It's just the attitude that comes with it sometimes.

My buddy hasn't claimed to be abused at all in the process or denied entry, it is just a matter of coming prepared and being patient during the process.
 

CDNBear

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I haven't crossed the border in years so I can only comment on what I read or hear from friends. Dealing with border guards is much like dealing with cops in my opinion, they'll usually only be dicks if you give them a reason to.
Sometimes they give you a good reason to. Don't get me wrong, I'm not oblivious to the fact that some people in positions of authority, should be allowed to herd sheep.