Traveling to the U.S. should be a seamless experience, but for some individuals, it can quickly turn into a nightmare due to mistaken identity. Take, for example, Danny Roy, a Canadian traveler who has faced repeated detentions at the U.S. border because of his common surname. Despite having a clean record, he has been mistaken for someone with a criminal history.
To learn more about Danny's story and the broader implications of mistaken identity at the border, tune into “La Facture” on October 15 (en français) on La Facture | ICI Télé | Radio-Canada.ca. You can also review this article in English about the same case on CBC News.
Key Lessons to Avoid Border Challenges
At our law firm, we understand the complexities that arise in such situations. Here are some key lessons to help you navigate potential border issues:
✨ Ensure Accurate Identification: Keep all your travel documents up-to-date. If you have a common name, consider carrying additional documentation to support your identity.
✨ Take Proactive Measures: If you've faced similar issues in the past, consider applying for the Traveler Redress Inquiry Program (DHS TRIP). You can also contact U.S. Customs and Border Protection (CBP) or consult with an immigration attorney for guidance.
Know Your Legal Rights
All travelers are subject to inspection by CBP at ports of entry. If further questioning is needed, you may undergo “secondary inspection,” which can last anywhere from a few minutes to several hours. During this process, CBP may ask you questions, collect biometric data, and search your devices.
Rights During Secondary Inspection
Request a Lawyer: You have the right to ask CBP to contact your lawyer, although they may assert that you do not have this right.
Review Statements: Ensure you review all written statements in a language you understand.
Do Not Sign Unclear Papers: Avoid signing any documents unless you fully understand their contents.
Privacy and Beliefs: CBP should not question you about your religious or political beliefs. If necessary, request to speak with a supervisor.
If you are deemed "inadmissible," you may be allowed to withdraw your request for admission. This option is generally better than facing an expedited removal order, which could impose a 5-year ban. If this option is not offered to you, be sure to request it.
✨ Be Prepared: For more information or to schedule a consultation, please contact us at info@peludimmigration.com.
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