IR-1 Refused 10 year ban

[gajar2]

Hi All:

I just had my interview at the montreal embassy, they denied my IR1 application saying that they had banned me in 2001, when they denied me entry to the US, and before that i had lived in the US out of status for more than a year. I am a canadian citizen and i've visited US atleast 10 times in the last 12 months, i am not sure how they came about this decision, but they gave me these options a. to wait till the ban is over in march 2011, b. apply for a waiver.

I did stay over there for over a year (out of status) on my pakistan passport.
I did try to go to the US in 2001 and was denied entry at the border, and was told to go back to canada, but was not informed of any Ban at all.
I got married to a US citizen in Dec 2004. I visited US on my Canadian passport around ten times or more during 2007. Everytime I went to the border they DID know about my pending immigration case.
At the interview they told me about the overstay and the BAN, and the fact that I should apply for a waiver.
I spoke to my lawyer and she did not mention the fact that i need to prove hardship.
I hope this makes things a little bit clearer, what I don't understand is the fact that I've been able to visit the US so many times, even though it was on my Canadian passport, but my name, DOB, place of birth and everything remains the same and they always seem to know about my immigration case, so how is it possible that they did not know about the BAN. This does sound kinda weird. I do understand i need to file a waiver.

One more question, would be wise to try to enter US again on my canadian passport?

[JennyM]

you're illegal now so its not wise to enter again. If you did you could get a lifetime ban which is worse than 3 year ban

[losguerra]

By the way, I know someone who is subject to a 10-year ban, but he's been entering the US on a tourist visa just about every year. Immigration officers at the border sometimes don't have all the information, but when you go for an immigrant visa, they definitely find out. While trying to enter the US again with a visa may not qualify you for further penalty, it would at the very least make for a more complicated situation, so please just wait until you can secure the immigrant visa. (I think the ban Jenny's referring to may only apply to entering without inspection, but I'm not sure...)

I suggest filing the I-601 waiver. Even if it costs you another year, it's better than waiting three for the ban to end!

[emt103c]

It is because of the difference in your passports. Be happy, it could have been worse, they actually could have denied you with a ten year ban (from your last exit from the U.S. which is what the law states.)

The overstay was associated with your Pakistani Passport, and they are nowhere near as careful with a Canadian Passport (my husband has in the past had both Passports.)

The Canadian passport, you probably noticed at times was not even scanned for your entry, and this is not even a possibility with the Pakisatani passport since the visa is required.

It sounds like they are making you file both 601 and 212, right?

[gajar2]

Not really, they're just asking for a waiver for i601, but to tell you the truth, i haven't found a hardship for myself as me and my wife are living here in canada right now. The lawyer said I probably would not need one, I haven't an idea maybe someone can suggest here.

I don't think they'd have banned me from the last time i exited from there because every single time i went there they did inspect me, and twice or thrice they actually stamped my canadian passport as well.

Right now I think that if i tried to go to US on my canadian passport, they'd refuse me entry or something. too bad since i can't go visit my family in the US or my wife's family.

G.

[pluan]

I don't know as much as some others , but if US Immigration gave you a letter or told you you need the 601, then your lawyer could be wrong. Don't risk getting barred permanently until you are sure what is the truth.

[Ginger]

I am a little bit confused.

According to the Immigration, you have 10 years ban since 2001. In order to get ban, you had to leave the country, so in 2001 you left the US.
Then you re-entered and in 2004 you got married in the US (so clearly there is a evidence that you were in the country). You are also stating that in the past 12 months you numerously entered the US and back to Canada.

Now let’s look at the law - if you have 10 years ban and entered the US after that – you are banned for life!

People, correct me if I am wrong, but something does not math. As far as I understand you are not eligible for any waiver, you are banned for life. According to the immigration officer - you have to wait till 2011 to re-enter or apply for the waiver to enter earlier.

I would say that you have to contact an attorney ( a good one) and try to figure out this mess.

Sorry for bringing a bad news. I hope that I am wrong.

Good luck.

[gajar2]

Ginger I think you got my situation a bit wrong, I tried entering in 2001 and thats where they're counting the ban from, and the form the officer gave me while denying the visa does mention that the ban is only until March 2011. He also did mention that I can apply for a i601. As far as my marriage is concerned, it took place in Canada. The visits I am talking about are from Dec 2006-Dec 2007 and whenever I entered, I entered after an inspection, so I don't think I was illegal any of those times.

The important thing for me to know right now is that how can i apply for the i601, the only hardships that i probably have are that my wife can't work here because we'd have to pay exorbitant child care fees if she works and we're suffering financially because of that and the family ties that she has in the US.

Do you guys think this would be enough for me to apply the i601 on or should i actually just wait till the ban is over.

[discoviking]

Well, you have nothing to loose by filing the I-601 other than the filing fees, right? Worst case scenario, you get denied and wait another 3 years before you start the process. Best case scenario, you get approved, and can move to the US earlier.

[emt103c]

Ginger, he entered with inspection and that makes all the difference.

He can have the overstay and reenter multiple times--as he was probably unaware of the law and therefore did not misrepresent himself.

The EWI part would be what would make him ineligible to file a waiver for 10 years.

BTW gajar, now that you know about the ban, it WOULD be misrepresentation to try to enter the U.S. without a waiver.

Out of curiosity what province are you in??

[gajar2]

I am in Ontario, and I am not trying to re-enter US anymore, unless either my i601 is approved or my ban has run through its course. But what I really wanted to know was if the hardships that I have listed seem enough to be able to file the i601.

Thanks.

G.

[Laura]

Gajar - I-601s in Canada go through Montreal, which takes a long time, at least a year I believe. We have had some approvals there, I'm not sure of the circumstances.

If you want to get an idea, I would suggest a $150 consult with Laurel Scott, one of the premier waiver attorneys in the country. That will at least give you an idea of your chances. 2011 is not that far away, so it's hard to say if it is worth it, by the time you submit the waiver and get a decision we could be talking the end of 2009.

As far as hardships, you probably will need more than that. Financial hardship are not very strong and you have been living in Canada together for years, so you would have to prove why she needs to return to the U.S. now.

Anyway, I would really suggest a consult with Laurel - visacentral.net.

[emt103c]

Ditto to Laura.

Even after you're approved, Montreal takes forever to do ANYTHING about it :-(

[MendozaQH]

I agree with disco, it is totally worth a shot to go for the waiver, worst case scenario being that you have to wait until the ban is up in the event that it is denied.

Here is one argument for going ahead and submitting the waiver....let's say you write the hardships and provide the evidence of what you can come up with so far. While you are waiting, an extreme hardship arises....this way you have the waiver submitted and if necessary you can submit more evidence for the new hardship or you could request an expedite if the situation were dire enough. However if you hold off on submitting the waiver or you don't submit it at all, you have to get it in the system before you would be able to get any action on it....No one can plan for the future, and this way you are covering your bases.

I know Montreal is more difficult than Mexico, but I have always had the feeling that you could make anyone's life a hardship when it comes to overcoming unlawful presence for the purposes of the waiver. Trust me, unlawful presence is the easiest inadmissability to overcome!

Sit down with your wife and lay out what hardships you are currently facing compared to when you were together in the US. Being that she is in Canada, has anything come up......I know Canada is very similar to the US, but is there anything? There is always the family arguement....how expensive is it to go see family? Anyone ill that your wife would like to see more regularly? You have children, is there anything about their education, perhaps something in the Canadian system your wife doesn't like? Are people pretty open and accepting of the children being American? Is your wife comfortable with the doctors? Canada is probably the hardest country to argue hardships for living there because of it's similarities to the US, but with brainstorming it can be done. And like I said, it is totally worth a shot.

Post your hardship letter once you start it. Then people here can give you some pointers to strengthen it!

Best of Luck!

[gajar2]

April 23, 2008

US Consulate Montreal

Dear Consular Agent;

Although I have been here in Canada for a couple of years, it was never my intention to spend the rest of my life in Canada. When I married my husband K in 2004, I never believed that I would have to choose between my home, my family and my husband, and given the nature of my husband’s “crime”, I find it very unfair that I be forced to make that choice.

My reasons for wanting to return to the U.S. are as follows;

In the first place, the Canadian climate is extremely hard on me given that my family has a history of chronic rheumatoid arthritis. The climate here in Canada can often be very debilitating for me as the pain becomes so severe I am barely able to function. Especially the number of days we have snow and whenever I have to shovel it becomes a nightmare. As soon as the winter starts my visits to the doctor increase as well.(Need a letter from nida’s doctor, her mother and father’s doctor.)

My mother who also suffers from arthiritis and takes several medications and needs to visit doctor regularly and my dad is a diabetic and he needs to visit the doctor regularly, since both of my other siblings are working/schooling it is never a good time for them to bring them to a doctor. I was able to do that and want to do that and help out my family and want them to help me too.

Secondly, I have been wanting to study at The Culinary Institute of America since I was a teenager, as circumstance would have it, these were not my father’s wishes so this passion, remained hidden for a very long time. I ended up studying economics & business for a while, as my father is a banker and I thought this would please him, but I could not continue in this field as it holds no interest for me. On the other hand, the thought of following in the footsteps of one of the world’s greatest chefs, Marcel Desaulniers, of The Trellis in Williamsburg, Virginia; that inspires and motivates me to no end. Mr. Death by Chocolate himself, studied at The Culinary Institute of America, it is THE SCHOOL OF CULINARY ARTS. I do not want to have to settle for some second rate cooking school that will only land me a job in some restaurant chain where there is no room for creativity, where everything is pre-planned and pre-packaged and all you have to do is bake it, boil it or fry it. I want to be a Chef, not a cook.

Of course there is also my family to consider. I have more than ten families back home in Virginia, whom I used to visit regularly and be a part of the whole Pakistani/American culture. I have always been very close to my parents and my sister. Neither I, nor my husband has any family here in Canada to share my experiences, happy, or sad moments. No aunts, uncles or grand parents of my daughter. It is extremely hard for me to visit my family back in Virginia with the ridiculous price of gas, its not like we’re able to drive back and forth every other weekend to visit with each other. Taking a flight back home is becoming even more expensive. In addition, I believe that my daughter deserves to be doted on daily by her grandparents, especially her grand-mother, my mom, to give her the family values that are very important part of our kid’s upbringing and can be the difference between a developing a good responsible person or a brat.

It is my hope that while I am studying at the Culinary Institute of America, my mother will be the one to care for my daughter as I know that, not only will she be able to provide her with excellent care, she will teach her Urdu which is my native language and help raise her in the Muslim traditions and values, that I would like to instill in her.

After coming to Canada I was able to work initially and helpout my husband financially, but after having a kid it has become really hard for me to work because the costs for child care are extremely high here in Canada. Even if I do leave my daughter with the childcare and work it is not very efficient for us as most of my salary would just pay for the transportation, meals, childcare and other expenses. If I were living in Virginia, my mother who only works part time around 20 hours a week could help us very much. We could leave our daughter in the loving care of her grand mother while I work and help out my husband. Currently my husband makes around 3800 dollars per month after taxes and after paying the mortgage 1562, property tax 224, car lease and insurance 542, utilities 302 gas 250 and monthly payment for loan that we got for our wedding 420 we do not have much left to buy groceries and spend. Since none of my husband’s family lives in Canada we basically cannot leave our daughter with anyone except for a very expensive child care.

I am hopeful that you will take all of the above into consideration while reviewing my husband’s case and will return a favorable decision and allow me to go home as a complete family and achieve the American dream.

Sincerely


N

[monki12]

Hi gajar....
im going to give you my thoughts on the letter, also there is a new waiver section on here, repost the letter there and maybe more people can see it.....

I would omit the first part of the letter. Remember the hsl shouldnt be emotional it should be factual. never admit fault, never say your sorry, never say you are a criminal....Just keep the facts.

I think you have a good starting point. You really need to focus, however, on your wifes hardships and elaborate on them. Talk more about her arthritis, how bad is it? does she need special care? does being in canada with her condition allow her to work in the winter time? stuff like that. I feel like you didnt really get into the severity of her condition. You need to really get this part good since i consider this to be a great hardship.

Do this for her parents condition as well. You need to mention them and how they affect your wife.

As far as the educational is conserned, i think this is a good thing to mention as well, you just have to orginize it better. If you wife's dream has been to go to cullinary school then say that but dont mention that she wasnt allowed to study that...just say that she needed a more stable career before she could persue this dream (after all we all have changed our careers once :blush:) dont mention about her father not letting her.....remember dont be emotional. What does wife need to apply? how much will it be? if you remain in canada is this even possible? could she attend a different school in canada? if she could attend in canada, could you afford it? it is important for you to make the case that being in canada prevents her from studying to be a chef.

As for the family consideration, this is the part you should mention the fact that your wife's parents need her. Is she the only one who can care for them? if she is, mention that because it could really help your letter. Talk about how much they need help (her help)

The financial burdern:
I think this part was done really good, again just elaborate more. I liked how you mentioned that your wife can work because daycare is too expensive. I also like how you mention that in the states she could study and work because you family would help with your daughter.

overall, i consider this a great first draft. keep working. and post your letter in the hsl waiver section so you can get more tips and idea.....:shy: btw: im with everyone else, submit the waiver theres nothing to lose.....

[monki12]

i started to read your letter and never saw the question at the chat...

yes, your wife the Usc is the qualifying relative and she is the one who has to prove the hardship if you were banned for 10years......

[emt103c]

The line "given the nature of my husband's 'crime,' I find it very unfair. . ."

Your letter would get kicked out right there. There is no "fair," it is the law. You have to know that you are requesting an exception to the law. . .This has to be done very carefully, gingerly and politically.

In the eyes of this law, they owe neither us nor our spouses anything.

[Laura]

I have to agree with EMT about that line. It sounds like entitlement, and implies that this waiver is some sort of joke or that you aren't taking it seriously. I mean, I totally understand your feeling that way, but you definitely don't want to convey that to them.

As far as the rest, well, I'm not sure it really proves extreme hardship. I think you can develop some of these things but everything needs to be extreme. Your section about career - that could be done well but it's a total tangent to talk about how you don't want to work in a chain restaurant.

You need to focus on why you need to live in the U.S. If that is related to your hopes and dreams, fine, but go about it in a factual way.

They also probably don't care that you never intended to move to Canada. You need to explain why you cannot live there any longer, and you must return

[emt103c]

Trust me, in this situation, if you are not willing to be overly polite and for lack of a better word, humble, you are going to get nowhere. . .especially with Montreal.

You are proving a case. A case that you must take seriously if you actually wish to move back to the U.S. before the bar is up.

[MendozaQH]

gajar, I think you have some stuff to work with here, but you need to word it slightly different. Like Laura said, your wife needs to describe why she cannot stay in Canada for the rest of the ban. So she should talk about the hardships she has endured since being there. With regards to the arthristis, she can explain how she never had issues with it before going to Canada and how much that has since changed. She can address it in such a way that once RA develops, there is no cure, so the longer she stays there, the more severe the condition can be, now and in the future (and the earlier the onset of symtoms due to the climate "activating" the RA)

For the hardship regarding the career, again address it from the point of not wanting to put it off any longer and perhaps she can look into the competition aspect of the school (meaning it gets harder as you get older to compete with the younger students). Also, she mentioned, but didn't really tie it back to the present, in that even if she decided to go back to school now, she would have no way of doing this becuase she is the one to stay at home with the kids. The only way for her to be able to go to school now is if she moved back to the US and to her parents so they could care for the kids while she is at school.

Which brings me to the next part in that your wife mentioned why she can't stay in Canada, but she also needs to mention why she needs you in the US. For this part, she needs to at least mention marital obligations and the child's need for the father, ect.

It is a start and with work, it can become better and stronger, definitely worth going for if you guys are anxious to get back to the US!

Hope this helps!

[gajar2]

My i601 has gone out last week, hopefully montreal has either got it already or is getting it this week. I guess now the wait begins.

[emt103c]

Keep us updated! Would you like to submit your info for the 601 spreadsheet?

[Pinkpig]

The only way that you could enter the US for an emergency family visit that I know of might be a humanitarian parole. I don't know all of the facts of your case to know if you would qualify or not.

Other than that there is no way to enter the US for any reason until you have an approved waiver.

Good luck to you. I hope that your father-in-law feels better.

[gajar2]

Guys: I need your advice real bad, I've filed for the i601 only a few days ago, i came to the US on a human parole, during my ten year ban. The information i need is, that I've found out that my father in law has been diagnosed with Cancer and he'll need chemo/surgery as well and this means as much help as he can get. It would be really great if i could move down here with my wife. So basically I need to know if there's a way to add additional information to my i601 which probably is still sitting at the montreal consulate waiting to be forwarded to the VSC. Any help appreciated

[TorresSanchezKing]

gajar2, from what I know (although I am not as familiar with Montreal) is that you can send in additional information to be considered, and it will be added to your letter. Someone with more knowledge can help with more specifics, but it is done in may cases at other consulates and it couldn't hurt to send in the additional info. So sorry to hear about your father-in-law and I wish you and your family the best of luck!