Canadian PR waiver?

[Bali26]

Hi,

I entered US without inspection and was arrested by INS after 8 years of stay. Had no criminal record whatsoever so was let out on bail. In court I was charged with staying over 8 years in US without visa, but was given Voluntary departure relief by the judge.

Fortunately I was able to get a Canadian visa. I left within deadline and reported at US consulate in Vancouver Canada as was required. In Canada, I married and now am a permanent resident in Canada. Right now i'm working part time and going to college. I don't think I will be able to prove extreme hardship.

I just want to visit US for the weekend every now and then. My wife already has multiple entry

Do you think I can visit US without waiver?

If not, which one will I need, I-601 or I-212?

Is visa application submitted at the same time?

Your help is greatly appreciated.....

Thanks

[Adriane]

It might be possible to get a non-immigrant visa if you can show you truly do not have immigrant intent. How long ago did you depart?

To file the I-601 (you weren't deported so you wouldn't need the I-212) you'd need a qualifying relative, a US citizen spouse or parent only, to file on your behalf. They would have to show extreme hardship would befall them, not you, if the ban were not forgiven. But I-601s are almost always, if not always, for immigrant visas, not tourist visas.

I think it's possible to get such a visa, but it might be an uphill battle. I'm not sure if the 10 year ban is a 10 year ban before you can apply for residency or enter at all. This question has been asked before, so I'll be eager to find out what you discover.

Good luck and perhaps others will know more.

[Bali26]

Thank you for taking the time.

I departed Mar, 2003.

My sister is there on work visa but I wonder if thats enough to prove extreme hardship.

I thought the applicant applies for I-601, no?

Should i just take a chance and apply for visitors visa? I think I can prove well that i have no intention of staying there.

[Adriane]

The I-601 is filed by and the extreme hardship of that waiver is based on a qualifying US citizen relative- in this case a spouse or parent only. The hardship is to that qualifying family member, not the applicant. Backwards, I know, but true.

If your wife is Canadian and not a US citizen and your only family in the US is a sister who is there on a work permit then you wouldn't have the qualifying relative to prove extreme hardship to in the first place.

Really, I think you best bet is just to try & apply for a regular tourist visa- I'm not sure you'd really have grounds or qualifying relatives to apply for anything else anyway. Just an FYI, applicants for tourist visas are frequently denied the first time they apply and then approved on a second try, so be persistent.

Good luck!

[JMRJ]

212 (d)(3) non-immigrant visa waiver is the proper application. It can waive most grounds of ineligibility but it is discretionary. No qualifying relative or family ties required.

Criteria for a 212(d)(3) waiver:
1. The risk of harm to society if the applicant is admitted;
2. The seriousness of the applicant’s prior immigration law, or criminal law, violations, if any; and
3. The reasons for wishing to enter the US.

Procedure for a 212(d)(3) waiver involves completing Form I-192 Application for Advance Permission to Enter as a Nonimmigrant.

Most Canadian citizens will need to apply for the waiver at either a major Port of Entry at the U.S. Border or a Preclearance office in Canada. But I would think the procedure is the same to you as well since you are a Canadian PR. Any concerns you may have, you can even inquire from the contact information listed in this site:

http://www.cbp.gov/xp/cgov/travel/id_visa/indamiss_can_info.xml

[emt103c]

That's a cool link JMRJ!

[Bali26]

THANK YOU VERY MUCH Adriane and JMRJ

I will try 212(d)(3)

[antz3000]

hey Bali26: For what i have seen in their website www.USCIS.gov . I think that you can simply apply for a tourist visa and moreover you have to be honest and tell them your whole situation . They are gonna ask you to demostrate the deep roots that you now have in Canada, you know? if you own a home, leeter from your employer and that kinna stuff. BUT MY GUESS IS THAT MOST LIKELY they are gonna deny you the visa. but you loose nothing by trying. So if you decide to try ,would you please let us know the outcome? ok, be well and God bless you.

[Bali26]

Thanks antz3000, I guess I will just try to get tourist and if i dont get it, i will have to try 212(d)(3)........

[emt103c]

you would have to use 212d3 to get the visa in the first place. . .