301/601 Canada interview advice Please.

[justnyccan]

List of events and immigration history:

At age 16, US entry 1992 with Parents with VISIT visa.

Family applied asylum 1992

When I turned 21, applied for asylum individual application

God married to US citizen (first marriage) (applied for adjustment of status) 1998

Wife refused to attend immigration interview so , reopened asylum case. 1999

Meanwhile applied for Canadian immigration visa and granted Canadian landed papers
2001.

Had an asylum hearing in 2002 since they saw that I had a landed immigration papers
And they had record that I flew to Canada using a parole papers to get my landed immigration the Interview did not go well. (2002)

Since I did not hear anything from INS after the asylum interview.
Divorce then
I got married (second marriage to US citizen) (2003)

Marriage did not work out. She did not show for second interview.(2004)
The judge refused to re-open asylum case again because I was Canadian green card holder. I gave medical certificate to postpone second court date with immigration judge, they did not accept.

Got Canadian citizenship (2005)

Some one told me new immigration law granting Green card for religious affiliation and was misled (2006)
What really happened was an agent falsely applied for 1981 case? And ripped me off .
A few months after I had received the work card and stuff though this . The INS sends me letter saying that I was a victim of false Miss-representation and fraud among many others. (I am not old enough to be filed under this category)



Meanwhile I met my present wife US citizen, she is a Doctor who is doing residency in USA . Divorce then tot married 2007 (June) in USA( third marriage)

She filed 301 for as Canadian residing in Canada stated that I left in 2005 to Canada and that
I been living and working in Canada since.
And have immigration interview in few weeks.

Now i find out that I was placed on deportation proceedings in 2004( did not know)

I been filing taxes in Canada since 2001 as self employed till 2007 , and I been working in US since 1996 ( and filed taxes in US till 2006)
And paying taxes, with out ANY criminal record in US or Canada.

I did go in and out of US TO Canada a few times driving using Canadian passport ( and with advance parole by air in 2000 and 2001 to get my landed papers)

What are the things I should watch out for in the interview? Should I mention that I been visiting my wife in USA , will that case problems. Who is very emotionally attached and is facing financial and emotional problems. Because of the distance and immigration problems we are facing.

1. If on the interview they deny me VISA, will I be eligible for filing US waiver?

2. What are my chances of getting my immigration VISA approved?

3.At the time I was place on deportation proceedings in 2004 I did not have a Canadian passport had an Indian passport.

4.Will INS have have record of any domestic air travel in USA
like NY to poerto rico?

5. Now when I go for the interview if they deny the VISA and ask me to file a waiver, will I be eligible to file, will they stamp my Canadian passport for 5 or 10 year Ban?

My lawyer is not much of a help, give me contradictory advice. He asked me to go to the interview on my own with my wife, eventhough initially he told me that he will come with me to interview.
I am really nervous and stressed over this, any help and advice is appreciated.

[gaby]

Omg, this case really need an attorney advice.
Is really complicated, but well, I am wondering about this, since this is your 3th marriage and they with USC they might ask you for a lot of evidences to prove the bonna f marriage. I suggest you to make a consultation with L. Scott( she is an attorney and specialiced in 601 waiver
Good luck
Gaby fromMexico

[emt103c]

Okay, to start. . .it doesn't matter what they have or don't have on file regarding your trips to and from the U.S. You MUST BE COMPLETELY TRUTHFUL.

The deportation is going to cause you to have to file a waiver. . .during all of this time waiting on the various asylum hearings and AOS/Marriage interviews, did you accumulate any unlawful presence? It sounds like it is possible that you had status during all this time, but since you missed a deportation hearing, they may count any time spent in the U.S. after the deportation order was issued (whether you knew about it or not) as unlawful presence. When was the deportation isssued--exact dates needed for this part--and when did you leave? If it was more than 180 days but less than 365 then you had a three year ban, if it was 365 or more, then you have a 10 year ban.

For the deportation you will need an I212, if there was illegal presence, then you will need an I601. . .they don't usually put an actual stamp into the passport, it is usually put "into the system" so that you are flagged. . .if they do it correctly.

In point of fact, had you not changed passports, you would not have been allowed to enter the U.S. at all after the deportation. . .that is one glitch in the system that is often reported on both this site and VJ actually.

If at this point in the process your lawyer has not already advised you of the need for the waiver(s) you need a new attorney. Montreal allows you to file the waivers same day.

If I were you, I would take Gaby's advice and consult another attorney, Laurel is very effective, there are others listed here (http://immigrate2us.net/forum/showthread.php?t=889) that are also experienced.