Canadian citizen entering the US from Europe (Worried about entry being denied)

Question

I am a dual citizen, Canadian and Portuguese, living in Portugal. Last July, given the EU/US travel ban, I traveled to Canada to quarantine for 14 days so I could visit my girlfriend in the US. I did so successfully but I was grilled by the border officer in Toronto as entering the US. I was taken to further questioning where they then let me through. However, they questioned me and had issues with the following:

• I accidentally said I was visiting a friend instead of my girlfriend
• They caught the girlfriend slip-up because they asked who booked my ticket. I didn't understand this question at first (English not my native language) and said I booked my ticket, this triggered the extra questioning because they could see that my girlfriend booked my ticket for me.
• I was also given a hard time because I stated that I was going to stay for 40 days...they though this was weird in the middle of a pandemic.

My original plan was to stay for 40 days and I had an outgoing ticket to show that. However, due to the progression of the pandemic and airline restrictions I ended up cancelling my original flight and staying 5 months. I stayed longer than the 40 days that I stated upon entering, but as far as I know as a Canadian I am allowed to stay up to 6 months. My exit flight was back to Portugal, not Canada.

I'm still in Portugal and would like to travel to the US but my previous experience makes me worried that I will have issues re-entering the US.

Thanks for reading this long post. My questions are:

• I'm an independent worker (musician), so this makes it difficult for me to prove that I'm employed in Portugal. I teach as well but the lessons are currently remote and I don't want it to look like I'm going to be working remotely in the US, so I'm tentative to use that as proof of employment. What documentation can I bring to compensate for this?
• Does Border Control keep a record of interactions such as me accidentally "lying" and saying I was visiting a friend instead of my girlfriend.
• While I entered Canada and the US on my Canadian passport, I re-entered Portugal on my Portuguese passport (so no stamp because I'm Portuguese). Therefore I don't have a stamp in any passport that shows the date I left the US. Should my airline ticket and proof of boarding be enough or is there something else I can bring?

Answer 1

...don't want it to look like I'm going to be working remotely in the US...

You're right to be concerned about that. I don't suppose that there is much documentation that could counter that concern, unless possibly a bank statement showing enough money to live on for 5 or 6 months without working.

Does Border Control keep a record of interactions...?

Yes. They might not have recorded it, but you should assume that they did. They admitted you afterward, so they didn't find that you were deceptive to the point of being inadmissible, but you should be careful, as the record (if it exists) could raise suspicions during subsequent interviews.

Therefore I don't have a stamp in any passport that shows the date I left the US. Should my airline ticket and proof of boarding be enough or is there something else I can bring?

You can. There's a real possibility that they did not record your exit because you used your Portuguese passport to check in for your departure flight. (That is not illegal, it's just a possible administrative headache.) You can try checking your records at the I-94 site; if the departure is there then you know you don't need to worry. If it isn't there, you can bring your boarding passes and perhaps a receipt or any other evidence showing your presence in Portugal shortly after your arrival.

I suppose that the last point is likely to be the least of your worries, however. The possibility that you would teach remotely while in the US would be more likely to lead to your being turned away.

Some people may advise you of potential problems from staying for 5 months after claiming a 40-day visit. The UK is notorious for taking a dim view of such circumstances, but I haven't heard of this being a problem with US CBP. This is especially likely to be true during the current public health crisis. The policy of giving all B-1 and B-2 visitors six months is precisely to reduce the administrative burden of having to process extension-of-stay applications from people when their plans change. (Canadian citizens who enter without a visa are nonetheless categorized using the same immigration categories, so a Canadian "visitor for pleasure" is still in B-2 status even though there is no B-2 visa.)