If I just want to visit temporarily after deportation, does I-192 work fine?

[jacket]

Dear Sir/Madam:

I have been rejected from admission for not having the right documents.
I got pissed off and appeal (big mistake) because I was assured by US Consulate before that I am right. However, I did not hire a lawyer (even bigger mistake) at the time and somehow lost my case at the removal proceeding.

Ok those are in the past, I felt injustice but life goes on...

Now I am planning to get a J-1 visa but I understand I am subjective to 10 yrs ban. I have no immigrant intent (I am still in the middle of my school).
Would I-192 do just fine or do I have to file I-212 also?
I know I-192 is temporary but that's fine with me as long as it's a year or so.


Thanks in advance!!!

[Marie]

I sent you a private message, please look at it.

I have no answers for you but I know others will chime in :)

[jacket]

I sent you a private message, please look at it.

I have no answers for you but I know others will chime in :)

http://uncyclopedia.org/wiki/Jack_**** :bounce:


but ya...can someone help me out with my question?

[jesuslovesyou]

i-192 is only for canadian citizens ...you will need 212(d)(3) basically just apply for visa at consulate and consulate has to recomend ur waiver and uscis approves it .

[jacket]

Hi Jesusloveyou

Thanks a lot for the reply, I really appreciate it.

I am now a Canadian/Taiwanese (dual citizenship is legal here up north).

Option1:
May I apply I-192 as a Canadian in this case even though the ban is on my Taiwanese? Obviously I can cross the border easily with Canadian passport but I want to make sure I do things legally, not mentioning they may find my file through fingerprint. I am just a student, never reside in US for over a couple of weeks, so I don't have any obvious extreme hardship.

Option2:
Getting waived at my home country (Taiwan...Canada is my home too but you know what I mean :)).
Actually I was told last summer when I took a visit home and talk to the American consulate there (they granted my original immigration visa and told me about CSPA), I was told they did an internal investigation and agree that I am right. but they don't have the jurisdiction to overrule the past decision.
Assuming they still have my file, would that in your opinion be a better solution than I-192?


Finally, my key questions remain:
1) is I-192 enough to waive the deportation ban temporarily or I must apply I-212 too?
I wish to stay here in Canada in the long term, I have no immigrant intent at this point at all.

2) Similarly, if the American consulate is welling to help me waived my ban upon my request for visa, do I still have to file I-212 myself?

*In case you wonder,
my mother applied US Permanent Resident before I was even Canadian...the immigration process took so long so I became Canadian in the meantime in order to learn English and be well-educated.


Once again I sincerely appreciate your comments.
I will consult with another lawyer but I would just like to educate myself more before hand. Thanks to great sites like this and helpful ppl like you, I realize my first lawyer was not so expert in deportation/immigration laws.

[jacket]

BTW I just remember I had option3.

I have an official letter written to me personally by the Chief of Immigrant Visa Unit in the consulate that proves my original rejected entry was legit, but they also say they don't have jurisdiction to overrule the officer's decision, and the officer never reply the consulate's request to. Sounds like somebody is an axx puxxy trying to blackmail me!!!
What's "interesting" was the letter got time-stamped a month after my appeal deadline, and I didn't receive it until nearly 6 months after the time stamp.
I think the evidence qualifies for Motion to Reopen even though it has been nearly 2 year as the evidence was not available to me prior the appeal deadline...

[Adriane]

(dual citizenship is legal here up north)

It's legal here (Mexico) and in the US, too. FYI.:o

[emt103c]

If you were to file an I-192 for travel from Canada and were flying, where would you file the I-192?

They have you clear customs in the airports in Canada, and the I-192 is supposed to be sent to the office with jurisdiction over the port of entry.

For a land border this is easy, what about the airport?

[jesuslovesyou]

1. filing 1-192 will not hurt you u can file i-192 and go on with other procedures i-192 with no criminal records for canaidns are librally aprroved and sometimes upto 5 yrs

2.it dosent matter where inadmisability occured waiver is waiver inadmisability is inadmisability canadian or tiwanese its same.

3.yes you can persue the argument of reopening and i belive they will grant 1-192 for you anyway

4. you can also try to get normal visa h1 l1 r1 etc and apply through consulate and coasulate can recomend ur waiver

look all the options and u have many

[jacket]

hey jesuslovesyou

just wondering, do u know where/how I can request for my removal proceeding record? It took place in Washington state and I cant find any clue on retrieving the info

[jacket]

also, I just remember earlier this year
I had made a transfer flight at Seattle.
I was not aware of the bar at the time and I got admitted stamp on my Canadian passport. What that be an issue?

[jesuslovesyou]

yep!! were u formally deported before?

if you ae formally deported before then ur admiteed by immigration official then they might have useed a waiver provision ..but if they just admited you it could be problem but hey they admited you so its innocent mistake they will overlook it ..but immigrtion ppl can be assoles if they want to i guess.


you can request use FOIA or call immigration court and find

[jesuslovesyou]

fast and easy way is FBI report it shows if you are deported or not ..and detailed one is FOIA

[jacket]

oh crap!!

ya I was removed from a removal proceeding.
I did tell the CBP officer at the time I was charged that
I am both Canadian and Taiwanese,..I dunno, I guess they just didn't give a crap.
but ya I am sure i am deported

ya I just came back from lawyer.
he said it's up to the consular officer to decide.
if he/she wana help me, this can be overlooked since it's an honest and innocent mistake and i was admitted lawfully and left.
if he/she doesnt wana help me in the first place. obviously more reason to reject my waiver application.
..that makes sense to me...not sure if it's that simple though

well I hope they do overlook it...
and the law says "enter [...] without being lawfully admiitted"
I present myself honestly and got an admitted stamp through inspection..
and it's obvious I dont know, cuz it's a TRANSFER FLIGHT
no one would be stupid enough to risk felony just to transfer a flight.

btw
my lawyer told me that since I show up for my proceeding, the bar is 5 years not 10 years as I assumed.
Is that right? I have some doubt but he was pretty confident.
I got charged for 212a7ai - inproper document.

man that particular CBP officer is a real dxck man, didnt tell me a thing about my charge.
could have gotten me so screwed if caught red handed (even though I seriosuly didnt know of the issue) for reentry (would be felony or something)
and not only that, my friends could be charged for trafficing me

I wish he could come to canada so I can go kick his @ss

[jesuslovesyou]

if thats considered re entry ..then ur in much bigger problem u now need 212 which u canot apply for 10 yrs and ul have life ban .

only option is 212(d)(3) u made somehing easy ino more complicated for no good reason

u need more reserch on this ..yeah lawyr is half right consular recomendations help ..no they hve no authority to overlook only DHS can they recomend to DHS nd dhs has final say

[jacket]

oh crap....

so should I just not apply a waiver at all then and wait for my year to expire?
what would the consular officer submit to the DHS if I request for a waiver since I dont actually fill out the waiver myself
wouldn't it be consular officer's discretion on what information to be included?

thanks for the warning

[jesuslovesyou]

you can add police repots ur letter explaining situation anything you think the DHS should consider ..consular office just reviews your visa application and if you are eligble for visa and he feels you should be given a waiver he will put ur recomendation o it ..

what they consider is

1. recency of the violation
2. intensity of the violation and any criminal record and risk to the society
3. reasons for visit and rhebilation


well you can apply any time but its up to DHS to deside u can appy for i-192 as well

[jacket]

thanks a lot for the help jesuslovesyou

I guess it's time to take action.

I think I will NOT visit this forum for a while.
If I do eventually get through to US legally and safely,
I shall be back to reward the community :).
(who's paying for the site's operation anyway?)