BORDER KIT - Problem at US border because of Old Work

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QUESTION:
Hope you can help me with this problem. I obtained an I-94 to teach in the
U.S. and due to ill health, had to return to Canada. I am Canadian. I made a
weekend trip as a visitor recently but was questioned by immigration about
my intentions, even though I had relinquished my I-94 and this was
documented on the U.S. computer. Is this problem going to occur every time
I want to visit and what can I do ? I love the U.S. and love visiting there.
I was made to feel like a criminal - I'm not. I'm a teacher who believes in
doing things legally.
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david ingram replies:
There is nothing that can be done easily to solve your problem. I have to admit that your question is unusual because as many as 70,000 Canadians a year could have given up their work permits (I have no idea how many do) and returned to Canada voluntarily.  I am expecting a friend's son to visit me in Vancouver for a week tonight because he is moving back to Canada because his wife does not want to stay in the US because she cannot work.
The border guys and gals have better things to do than hassle Canadians who "used" to have a TN, L1,  or H1B visa.  I expect that you had an H1-B.
What does happen though is that he odd Canadian who used to have a visa and lost it still has a valid looking SSN (US Social Security Number) and will try and sneak back in.  And strangely enough I am advising one client with a valid number and an expired I-94 NOT to do that now.  She wants to teach in Hawaii and with a US teaching degree and a valid appearing number could likely get away with it for a long time, if not forever.  
However, if caught (at a border, or by someone squealing) she would be deported, embarrassed and lose the benefits of any Social Security (FICA) payments she had made over the years and could end up 85 and destititute.
In fact, she is guaranteed to lose those benefits because President Clinton passed the Illegal Immigration Act of 1996 in Sept, 1996 and one of the provisions was that to "collect" social security after April, 1997, you have to prove that you were a valid resident or had a valid work permit during the time that you contributed to Social Security.
What I suggest you and anyone else does who crosses the border frequently or who needs to be sure that they get across the border when they do cross (business meetings, etc) do, is prepare a border kit and take it with you.
The border kit contains (but is not limited to):
*    copies of the four page jacket of your last three years of income tax returns.
*    If on business, a copy of a "to whom it may concern" letter outlining the reason you are traveling to the US and what you will be doing in the US and why.  This qualifies you for B1 (business visitor) status and should state that your remuneration while performing the duties you are performing will be paid for by your Canadian Company
*    If on business and you are self-employed, a letter from "yourself" explaining what you will be doing in the US
*    A copy of the ownership papers for your residence or if rented, a copy of your lease 
*    A copy of your phone bill - Word of warning here.  If you regularly cross to the US, do NOT have an unlisted phone number.  Make sure your phone number is listed. If your privacy is important, you can ask to have your address omitted from the listing. If you just do not want to have people have access to your number, put in an unlisted phone at the same time and use that one as the "call in" phone that you answer and use the other one to phone out.  Never answer it or put a machine on it that only takes messages and you can monitor it for the calls you might want.
*    Copy of your hydro and heat bills
*    copy of your local library card
*    copy of your provincial driver's licence
*    copy of your Canadian affiliation cards - Save On foods, Safeway, Blockbuster Video, Rogers Video, etc.
*    copy of your Canadian car registration
*    If you were ever a US resident, a statement showing when you were there, what you did and why you returned to Canada.
This simple little kit will greatly expedite your trans border crossing if you get caught in the loop.
Remember that the mandate of the people at the border is to keep you "OUT" not to let you in.  They are to keep you out unless you show that you are eligible to enter the United States of America.
David Ingram's US/Canada Services
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
4466 Prospect Road
North Vancouver,  BC, CANADA, V7N 3L7
Res (604) 980-3578 Cell (604) 657-8451
(604) 980-0321 
New email to [email protected]
www.centa.com www.david-ingram.com
Disclaimer:  This question has been answered without detailed information or consultation and is to be regarded only as general comment.   Nothing in this message is or should be construed as advice in any particular circumstances. No contract exists between the reader and the author and any and all non-contractual duties are expressly denied. All readers should obtain formal advice from a competent and appropriately qualified legal practitioner or tax specialist in connection with personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be included."
Be ALERT,  the world needs more "lerts"
 
This from "ask an income tax and immigration expert" from www.centa.com or www.jurock.com or www.featureweb.com. Canadian David Ingram deals daily with tax returns dealing with:
multi jurisdictional cross and trans border expatriate problems  for the United States, Canada, Mexico, Great Britain, the United Kingdom, Kuwait, Dubai, Saudi Arabia, Thailand, Indonesia, Japan, China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK, GB, and any of the 43 states with state tax returns, etc.
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