New - Questions / Advise (sorry very LONG)

[constance_13]

Hi,

I have been reading the forms here for quite some time. I stumbled across them when I was trying to figure out and understand the immigration process that my husband and I have been and have to still go through. We have a lawyer helping us and filing everything but they only gave us peaces at a time of the process and we want to understand / see the whole picture. This has been one of the toughest things either of us has experience and still is. Very few ppl understand what it is like to be here and how it feels. The toll it has taken on both of us emotionally is truly crazy and we keep praying it will be over soon and we will be able to finally live in the same country as a family.

After reading and trying to research everything I am still very confused on a few things and have some questions I am hoping someone can shed some light on. Plus I am truly looking for opinions on our chances. I have not read about anyone that has had the exact same case as ours sooo it’s been hard to find info, I have found lots that relates but nothing that fully fits. Thank you in advance for reading all this and I truly appreciate any insight, opinions and suggestions.

This is our storey:

We met online playing WOW of all things. My husband is American and I am Canadian. We met in RL for the first time on September 2, 2005. I drove down to California and stayed for 2 weeks. We knew we wanted to be together and see where our relationship was going to go. I went back to Canada and finalized everything. Sold my house, put my stuff in storage, etc. My now husband came for a visit to Canada while all this was taking place in October ‘05 to see me and meet my family. He was only here for 4 days and then returned home. On November 4, 2005 I returned to the US and flew from Washington down to California. We lived together and started trying to research the legal process to make it so I could stay and work in the US. We went through many different web sites, government one and private ones but we were completely over whelmed with the info. We had different ppl telling us many different things and the bottom line was we listen to some “bad” advice and did not apply or report my extended stay. The second mistake we made was his family helped us out and I work for his parents cleaning there home and for his grandpa in his office a few hours a week.

I knew I had to go back to Canada before I stayed longer then 6 months. I believed that I was allowed to stay up to 6 months with no penalty. I took a trip back to Canada (beginning of April 2006), to file for my divorce and get rid of my storage unit. I passed back into Canada with no issue. I stayed for just over 2 weeks, attended to all my business and then tied to head “home”. I had sent all my important belongs to California and all I had left was my suit case. I was meeting my husbands’ step-grandma on the other side of the boarder (she came for the trip to Canada as she had never been there and wanted to see it). My mom was driving me across to meet up with her and we were going to head back home together. We were stopped for a random search.

The third mistake I made was lying to the guards about how long I was in the US and what my plans for going back down were. This is by far the worst thing I have ever done……every day I wish I could re-wind that day and start it over. I have no criminal record, no juvenile record, nothing. They kept my mom (who is a senior) and I for 6 hours. It was freezing and they would NOT let us get our coats out of the car, they would NOT let either of us use the washroom or make any phone calls. The separated us and questions us, took mug shoots, finger prints, threatened to arrest both of us and impound her car. They had found my day timer in my suit case and saw my trip itinerary and hours I had written down to track my work. (Crazy thing is I have never kept a day timer till that one and I have NOT since)

[constance_13]

They finally released us but sent us back to Canada and gave me a bunch of paper work I had to sign and finger print. I was given a 5 year ban, and was given this reason on my paper work:

DETERMINATION OF INADMISSIBILITY
“Pursuant to section 235(b)(1) of the Immigration and Nationality Act (Act), (8 U.S.C 1225(b)(1)), the Immigration and Naturalization service has determined that you are inadmissible to the United States under Section(s) 212(a) (7)(A)(i)(II) of the Act, as amended, and therefore are subject to removal, in that:
1) You are not a citizen or national of the United States;
2) You are a native of CANADA and a citizen of CANADA;
3) You are an immigrant not in possession of a valid unexpired immigrant visa, reentry permit, border crossing card, or other valid entry document required by the Immigration and Nationality Act;
4) You are an immigrant not in possession of a valid unexpired passport, or other suitable travel document, or document of identity and nationality.

Notice to alien Ordered Removal / Departure Verification
You have been found to be inadmissible to the United States under the provisions of section 212(a) on the Immigration and Nationality Act (Act) or deportable under the provisions of section 237 of the Act as a Visa Waiver Pilot Program violator. In accordance with the provisions of section 212(a)(9) of the act, you are prohibited from entering, attempting to enter, or being in the United States:

For a period of 5 years from the date of your departure from the United States as a consequence for your having been found inadmissible as an arriving alien in proceedings under section 235(b)(1) or 240 of the act.

I had no car, no home, no job, nothing but my suit case. My mom lives in a senior’s apartment building and has a bachelor suit. I stayed with here for 2.5 months while I found a job and got my own place. I was a mess. My husband (who was my boyfriend at the time) came up for a visit and purposed to me on my 30th birthday. He had to go back home but was able to come up for the summer for a longer visit as we planned our wedding. Our family and friends came up from Cali to attend. We were married on Oct. 7th, 2006. Our I-130 was filed on January 18, 2007.

We got our I-130 approved (April 26/07), and the consular packet sent off (Aug. 30/07), now we are waiting on the interview which I believe will be in Montreal. Our lawyers have been working on getting our I-160 and I-212 together and they should be perfect and ready to submit at the interview. Our case is pretty good and the high lights are:

1. His mom was diagnosed with aggressive breast censer in February “06. Has been on chemo and now radiation.
2. We live in a duplex down in Cali (Family owned) and on the other side his grandma lives who we helped out all the time and now he does alone as needed since I am not there.
3. He has a younger sister (13) who he is helping with since his mom got her diagnosis
4. He helps look after his aunt who has downsyndrom
5. I am 5 month pregnant now
6. We were both put on anti depressants / anti anxiety meds
7. He is 25 and was home from a visit less then 24h and had a stoke (no reason why was ever found) (I have to say this was a HORRIBLE month October “07 as we knew this time apart would be the worst with me being pregnant and then this happened and I was NOT allowed to go see him or help with his recovery, it truly was the worst feeling in the world – I am still very angry and frustrated with this. Plus I am still in shock that it happened and that I almost lost him. I never want to feel that helpless again)
8. He is a student
9. We have a support network in Cali that is non-existent in Canada
10. There are other things – but those are the high lights. We have lots of affidavits and doctors reports for everyone involved.

[constance_13]

This April will bring us to 2 years since I have NOT been allowed in the US. I just want to go home and be with my family and friends. I more than anything want to have our child there and be done with all this craziness. It just seems to be dragging out and never ending. We have also sent in a request to both of the current Cali senators to help with our immigration. Here are my questions:

1. Does anyone know what the time line is to get an interview scheduled at the Montreal consulate?
2. Is the Montreal Consulate hard to get waver approved?
3. Has anyone had any luck getting the Cali senators to help with their case?
4. Is it common to only get a 5 year ban? Everyone I have read about has a 10 year ban. I have actually not come across anyone who has a 5 year.
5. Should we keep fighting….I guess do you think we have a good chance on getting this to go through before my 5 years is up?
6. If we have the baby in Canada is that going to complicate our case?
7. Do I truly need both the I-212 & I-160 wavers?
8. What is the time line to have the wavers approved?
9. Is there any way possible to get permission to have the baby in the US with out having our final approval?
10. Is there any special permission we can apply for to allow my entry into the US until a final decision on my immigration is made and then if denied I would go back to Canada but if approved I would stay in the US?

I know our lawyer should be helping and answering all these questions but truthfully I am frustrated with them at this point. I feel we have lots quite a bit of time and I am not getting the support I need. I am waiting on a bunch of answers as we speak.

One other question, on my removal order at the bottom it states if you want to enter before the ban is up that you “must request and obtain permission from the Attorney General to reapply for admission to the United States. You must obtain such permission before commencing your travel to the United States.” Is this a different process then they I-212 & I-160 wavers? Sorry if any of these questions sound dumb….I am just really still lost and the more I read the more confused I am getting. I desperate what to understand the whole process.

I know I have lots of other questions but these are all I can think of this moment. If you got through all this…WOW….thank you!!! I truly appreciate any input you are willing to offer. Good luck to everyone in this or a similar situation…..I truly know how hard it is and how stressful it can be. I wish you all success on process.

The few good things that have come from this…..I know my husband is my perfect match and if we can get through this we can get through anything. Our relationship has done nothing but get stronger and stronger, I am so thankful and love him with everything I am. The second this is our baby, I am 6 years older then him and the chances of me be able to have children was incredible low. I had to have surgery and go on treatment and we only had a short window when he was visiting for it to happen and we had success with our first round of treatment!! Even with all the stress and craziness, I was able to get pregnant and this little bean is sure tough…..its hung in there when I truly do not think most would with the stress and strain at the start of my pregnancy. The baby is doing very well and growing on track…our little miracle. We now just need to have our family together and living in the same country legally…..I don’t think that is too much to ask for it is?

TURLY THANK you for listening.

[uknygirl]

This April will bring us to 2 years since I have NOT been allowed in the US. I just want to go home and be with my family and friends. I more than anything want to have our child there and be done with all this craziness. It just seems to be dragging out and never ending. We have also sent in a request to both of the current Cali senators to help with our immigration. Here are my questions:

1. Does anyone know what the time line is to get an interview scheduled at the Montreal consulate?
2. Is the Montreal Consulate hard to get waver approved?
3. Has anyone had any luck getting the Cali senators to help with their case?
4. Is it common to only get a 5 year ban? Everyone I have read about has a 10 year ban. I have actually not come across anyone who has a 5 year.
5. Should we keep fighting….I guess do you think we have a good chance on getting this to go through before my 5 years is up?
6. If we have the baby in Canada is that going to complicate our case?
7. Do I truly need both the I-212 & I-160 wavers?
8. What is the time line to have the wavers approved?
9. Is there any way possible to get permission to have the baby in the US with out having our final approval?
10. Is there any special permission we can apply for to allow my entry into the US until a final decision on my immigration is made and then if denied I would go back to Canada but if approved I would stay in the US?

I know our lawyer should be helping and answering all these questions but truthfully I am frustrated with them at this point. I feel we have lots quite a bit of time and I am not getting the support I need. I am waiting on a bunch of answers as we speak.

One other question, on my removal order at the bottom it states if you want to enter before the ban is up that you “must request and obtain permission from the Attorney General to reapply for admission to the United States. You must obtain such permission before commencing your travel to the United States.” Is this a different process then they I-212 & I-160 wavers? Sorry if any of these questions sound dumb….I am just really still lost and the more I read the more confused I am getting. I desperate what to understand the whole process.

I know I have lots of other questions but these are all I can think of this moment. If you got through all this…WOW….thank you!!! I truly appreciate any input you are willing to offer. Good luck to everyone in this or a similar situation…..I truly know how hard it is and how stressful it can be. I wish you all success on process.

The few good things that have come from this…..I know my husband is my perfect match and if we can get through this we can get through anything. Our relationship has done nothing but get stronger and stronger, I am so thankful and love him with everything I am. The second this is our baby, I am 6 years older then him and the chances of me be able to have children was incredible low. I had to have surgery and go on treatment and we only had a short window when he was visiting for it to happen and we had success with our first round of treatment!! Even with all the stress and craziness, I was able to get pregnant and this little bean is sure tough…..its hung in there when I truly do not think most would with the stress and strain at the start of my pregnancy. The baby is doing very well and growing on track…our little miracle. We now just need to have our family together and living in the same country legally…..I don’t think that is too much to ask for it is?

TURLY THANK you for listening.

OH MY GOSH! All I can say is, the people who lie about things get away with it, and we who are very truthful about everything get into some serious trouble. I wish u all the best and hopefully you won't have any problems, stick to those lawyers my dear. THey will do the best for u! Peace!

[kenaly]

1. Does anyone know what the time line is to get an interview scheduled at the Montreal consulate?
Currently a few months for I-130 interviews. less time for K3 interviews.

2. Is the Montreal Consulate hard to get waver approved?
Montreal does not adjudicate the waivers. They are sent to Vermont Service Center (VSC) which was easy, but of late has been very difficult and slow.

3. Has anyone had any luck getting the Cali senators to help with their case?

My Georgia senator got my hubby's Canada waiver expedited.


8. What is the time line to have the wavers approved?

About one year currently based on other members who have filed the waiver through VSC.

[constance_13]

Thank you for the response. This gives me some hope that I should be hearing about my interview soon. I have been so worried it would not be scheduled till late spring and in the last month of my pregnancy when I cannot fly :( I live on the west coast so I really need to be able to fly to Montreal as it would take 4-5 days to drive there and I could not do that late in my pregnancy either. I am so very nervous about the interview and hope it all goes smoothly. I really hope we hear soon as I do not want to have to rescheduled it after waiting all this time already.

This is so stressful. We have been waiting on my interview to be scheduled since Aug 30/07.

[Laura]

Wow, Constance... that is quite a story!

It sounds like you are on the right track - the hardships to your spouse sound pretty strong (only the hardship to him "matters"). The bad news is, once you get your visa interview (and I'm not so good with the timelines, but I think you still have several months to wait, you will submit your waivers and have to wait some more. As Kenaly alluded, the waiver will be processed in Vermont, and they take a long-ass time. Maybe a year. During that time you will not, of course, be able to return to the U.S.

Anyway, you do need the I-601 and the I-212: the I-601 is most likely for misrepresentation, ie. lying to the BP agent. Since you only lived in the U.S. sort of unlawfully for 6 months, you don't have an unlawful presence ban, but the mistake was re-entering. Anyway, the I-212 I guess is for what they are considering a deportation or expedited removal at the border.

So..... you probably know this, but had you never exited the U.S., and just gotten married, you could have adjusted your status in the U.S. Anyway, these laws make very little common sense, and it's obvious that on some level you were just trying to do what was right. I wish you the best in the wait and your pregnancy. Welcome!

[emt103c]

On the Expedited Removal, did they check the box just for 7A or did they check the box for 6??

There is a box for Misrep on the form and if they did not check it, then they didn't charge for the MisRep. The consulate can still claim it if they decide to, but if they don't then you would only need the 212. I don't want to get your hopes up, because it sounds like there was MisRep, but they should have marked the box if it was one of the charges.

[emt103c]

http://i204.photobucket.com/albums/bb301/crysmissmichelle/editedremoval.jpg



This is the sheet I'm talking about.

[constance_13]

My paper looked like the above.....only (7)(A)(i)(I) was checked.

BUT I was asked to write an apology letter and included in my questioning I stated that I did lie to the guard in the booth.

[emt103c]

oooohhhhh, okay, yeah, pretty sure the CO will tack on the MisRep if it is specifically included.

They made you write an "apology letter?" At the border??

[constance_13]

hehe...sorry mixed the two thoughts. No not at the boarder.

Our attorney did so that it would be included in my waiver.

[char]

Constance,

I had the 5 year ban for the exact same thing.
only difference is I got the misrepresentation charge along with the 7(A)I)(i).

I had to file the I-601 and the I-212 and after 17 months of waiting both waivers were denied due to failure to prove hardship.

We decided when the waivers were denied to wait out the ban ( since the 5 years were up on Dec 22/07) and refile instead of doing a motion.

You have the hardships so I see no reason why you would be denied it is just the waiting that is the hard part, I would certainly contact a senator as they are able to get info out of Vermont as to what is happening with your file.

Good luck
Char

[Pinkpig]

Char, good to see you. Glad that you have a plan. Did the consulate tell you that you had to refile as in a new I-130 or can you just start at a new interview?

[emt103c]

Char--Won't you still have to file the 601 because of the Misrepresentation charge? The five years is just for the Expedited Removal not the Misrepresentation.

[char]

PinkPig,
We have not spoken to Montreal at this point, we filed a new I-130 in March 2007 figure we would time the interview for when the 5 year ban was up ( at this point we did not realize I had a lifetime ban)...long story as short as I can.....VSC sends the new I-130 to CSC in May, CSC sends I-130 to Newark, NJ office in June, Dec we get a letter from Newark stating both my husband and myself must appear at their office Jan 11...we assume for a Stokes interview, so we figure no problem I will take the month of January off and spend it in NJ with hubby ( since 5 year ban is up) and the letter from USCIS will make sure I have no hassles crossing. WRONG!! ... first supervisor I spoke to said well you are inadmissable because of the misrepresentation, but let me make some calls and see if we can give you an early parole to attend this interview in NewarK, 20 minutes later shift change - he leaves passes me over to someone else.....after 1/2 hour with officer from hell who says he is not letting me in so I can AOS in New Jersey he finally tires of trying to itimidate me and passes me along to someone else....3 hours later after fingerprints and photo they turn me around with an denied entry notation. At this point I am so upset I ask to see the new Supervisor....and I swear even a bad movie could not dream this one up....the Supervisor is the same guy who deported me...but he did try to help me...or at least gave that appearance....he called me twice at home trying to find info out for me.
So Hubby goes to Newark for inteview alone, takes a huge file box of documents with him....they say Oh your file was transfered back to Vermont, it never should have came here.
but they did say we did not have to file a new I-130 for the waiver that we could use the old one. which is good because the one filed back last March is still floating around unapproved.
It is insane, Customer Service Line tells hubby to appy for a K3 and I will not have to do a waiver....
anyway the most horrific discovery of all was that on my I212 and I-601 wavier denial letters both state I misrepresentated myself as a USC....they quoted both charges.....they also have the date I was removed at POE wrong.....

So we have hired a lawyer as this is way beyond us at this point
and if this doesn't work then we will live somewhere else, hubby and I have been separated for over 5 years and enough is enough.....sorry this turned into a rant.

Char

[emt103c]

Char--

You have a copy of your own deportation paperwork right?? And, since the Border Officer is, obviously, still there, things should be able to be cleared up. . .You're right it sounds horrible.

I've already applied for admission to Canada as a spousal. . .we've been stuck in AP too long and I'm already tired. I CANNOT imagine 5 years. Let us know how it progresses!

[char]

Yes I have a copy and also did a FOI to get the entire file from POE
it is just so damn insane that they can make such huge mistakes like this
during our first waiver process they lost our file, let security checks expire
it was an entire nightmare for 17 months and they still managed to screw it up
and there is no feasible way for us to correct it without a lawyer

Just hoping round 2 will be less painful than round 1 with them.

Char

[constance_13]

Char,

I am so sorry you have been going through all this.....it truly is CRAZY to me how they can be like that and how HARD it is to get all the info you need.

GOOD LUCK!!!!!

[kenaly]

Oh Char! I am so sorry to hear about all that! What a nightmare!