Border Denial OvercomePublished: Oct 20, 2008 Source: My Source
Our client is a dual citizen of Canada and France. He is an ordained minister of an established international church. The church petitioned to employ him as a minister in the United States as a nonimmigrant. While the petition was pending, other counsel had him seek admission in R-1 minister status at the Canadian border. He was refused due to the fact that the church’s petition had yet to be adjudicated. We were then retained.
We informed a different port of entry in close proximity to our offices that we intended to present our client for admission as a B-1 business visitor to attend a church convention, and pointed out that the other port of entry had erroneously required the approval of the church’s petition in order to admit him, because the Regulations do not require the approval of a nonimmigrant religious worker petition as a condition precedent to the issuance of a visa or admission to the United States. As a Canadian citizen, he was visa exempt for this status.
We accompanied our client to the port of entry and he was admitted to the United States without incident. We had a Form I-94, Departure Record, issued so that the Department of Homeland Security computers would indicate that he was in fact admissible to the United States.