Canadians Finding Travel Document Confusion At US Border
by Richard D’Ambrosio /
A number of recent incidents where Canadian citizens were turned away by U.S. Customs and Border Protection (CBP) officials have caused confusion for travelers looking to cross what has traditionally been one of the most open borders in the world.
In one instance widely covered in the Canadian press, Montreal resident Manpreet Kooner was traveling to a Vermont spa for a day trip with two friends when she was stopped at the Highgate Springs, VT, border crossing. After being held for six hours, she eventually was told she needed an immigrant visa to enter the country. Kooner, born to Indian parents in Canada and raised there, eventually returned to Montreal.
Kooner was told to apply for a visa at the U.S. Embassy in Ottawa. She went to the embassy the following morning, but was told they couldn't help her.
In Melville, NY, immigration attorney Michael Kohler, who has worked for the U.S. immigration services as well as Homeland Security, told TMR that border officer discretion is very much an item for concern at a time when the Trump Administration’s immigration executive orders have heightened attention on travel document requirements.
“Border officers assess a traveler’s intent in varied ways,” he said. “What possessions they are carrying, their recent travel history, the statements they make to the inspectors, can trigger an officer to believe their intent is different than what their travel documents allow. If you’re carrying a visitor’s visa and four large pieces of luggage for a week at Disney World, it doesn’t mesh.”
And he wondered what facts in the Kooner case were not publicized and might be relevant. “A Canadian with a valid passport is exempt from any visa requirements,” he said. “They have computer records, like exit and entry records, to inform their decision. We have no idea what is in there regarding this case. It could be her travel history.”
But her case is not alone. Three musicians headed to Austin, TX, for the annual SXSW festival were turned back on Sunday, March 12, and told their B-1 work visas did not permit them to enter the U.S. And the Egyptian-Canadian band Massive Scar Era said three of its members were denied entry into the United States on Sunday, March 13, at the border in Vancouver. Vocalist and guitarist Cherine Amr posted on her Twitter page and was quoted in Billboard saying that a CBP officer told the group their B-1 Visas were not accepted for entry. The Egyptian-born singer said she is a permanent Canadian resident, and has traveled to SXSW twice on a B-1 visitor visa.
In an article published online, Billboard quoted the CBP as saying that "if an individual is a member of an internationally recognized entertainment group, they must apply for and be granted a P-1 visa."
In a statement to the Canadian press regarding the Kooner incident, the CBP said admission to the United States is always at the discretion of the border officers, and individuals must prove they fulfill the admission requirements.
Kooner told the media her mother was turned away at the border without explanation in the summer of 2016, and in December she herself was pulled out of line for what she was told was a random check. After filling out a number of forms, she was eventually told there was a problem with the computer system and to return the next day. When she did, she was let through with no problem.