Hello
I'm now a Canadian citizen and my job at a Canadian Manufacturer requires me to take visits to the States. I was deported voluntary in 2009 from the States because my previous marriage was considered fraudulent. I've been searching online for Canadian with US deportation and there is a waiver ( 212 or 106) in order to be able to enter the State for short visits. I'm not looking to move to the States or live there... Simply I'm looking to make visits for work or probably visit my family there!
Please let me know if this is doable? What is the duration of the application?
I appreciate your help in advance.
Awards:
This is a complicated issue. I don't know the right answer.
Where you banned with something under INA 204? Do you have the INA code you were banned with?
If you are trying to enter the US on a non-immigrant visa, not an immigrant visa, you will not use a I-601 waiver.
I'm trying to find a non-immigrant waiver that would benefit your case because I'm not sure the INA 212 (d)(3) would apply to your situation and I don't think a 212 (h) waiver will be applicable in this situation either.
Last edited by cupcake; 02-21-2012 at 03:04 AM.
**** Please consult with an experienced attorney before moving forward with your case even if you have received immigration opinion from this website. I am not an attorney. ****
BEFORE YOU FILE:
* member recommended immigration attorneys * EWI, 9C, 6B, and other bans * I-601 test: will you need a waiver? *
GUIDES AND HINTS:
* spouse visa guide IR1/CR1 visas * fiance visa guide K1 visa * adjustment of status * 1st steps for filing for undocumented significant other *
I-601 / I-601A HELP:
* I-601 General Information Section - over 10 stickies on 'how to' * how to assemble I-601 or I-601A waiver * I-601 Mexico section *
* lockbox/NSC filing discussion * lockbox/NSC timelines * provisional waiver discussion * provisional waiver timelines *
MORE INFO:
* resources for deportation and removal proceedings
* DACA for DREAMers
* after visa approval FAQs - green card questions, etc
* consulate contact information
To be honest with you i'm not sure if i even been banned with INA 204! I even haven't tried crossing the borders yet as a Canadian citizen! I probably should try to cross it and see what they say.... I tried to contact the US consulate in Toronto but they are useless and they didn't advice me on anything! I'm so confused with this situation....
please let me know if you find anything?
Thanks
Originally Posted by newLive
Talk to an Immigration Lawyer.
Awards:
Do not attempt to cross the border to see what happens. What will happen is it may complicate your situation. Nothing good can come of a trial run.
You need to consult with a competent immigration lawyer and put all of your facts on the table.
Generally speaking the immigration workers on the border, in the information centers, and other places where you can seek immigration answers are unable to accurately tell you what your particular situation is.
You need to have an immigration lawyer interpret all of your facts.
“Great minds discuss ideas; Average minds discuss events; Small minds discuss people”
Eleanor Roosevelt
Coventrated (02-21-2012),Los G (03-27-2012)
There are a couple of things to consider.
How long did you stay and on what visa? That will defy how long you overstayed and what ban has been triggered when you left.
Did you actually get charged on fraudulent marriage? I don't know the law on this case, but you need to do some reasearch and find out if that charge is also a motive for another ban.
Don't hesitate to consult a lawyer! It doesn't matter that you're Canadian now, records are records.
---------- Post added at 01:08 AM ---------- Previous post was at 01:07 AM ----------
define not defy lol, sorry!!!!
*I am not a lawyer, anything I say on this forum is solely my opinion, do not take it as legal advice!*
Feb, 2001 - Brought to US by mom on B2 visa
March 6th, 2006 - Left US with mom, 10 year bar up in the air (never had immigration problems)
Sometime in 2011 - Contacted lawyer and am eligible for NIW
January 12th, 2012 - Interview at consulate, approval recommended and forwarded to CBP!!!
May 24th, 2012 - APPROVED!
June 26th, 2012 - not really approved, I think consulate made a mistake; got my passport and there's no visa inside
July 12th, 2012 - APPROVED again? lol. Got another e-mail from consulate saying that process is done, can send passport for visa issuance...July 23rd, 2012 - passport arrived at Rio consulate.. now waiting for visa+waiver to be ready for pick up
Semptember 2012 - Consulate tells me through that unfortunately they need to send in another waiver request on my behalf
October 1st, 2012 - Now Consulate tells me through e-mail that my visa has been approved and issued, will be mailed today
October 9th, 2012 - Visa arrived at my house!!!
"He who is without sin among you, let him be the first to throw a stone at her." John 8:7
You can try two things. Lots of people who have to come to the US for work from Canada use the I-192, but they take months to process. You can also try applying for a visa at the consulate and asking for a non-immigrant waiver....they may direct you to the I-192 or they may directly do a d3.
Do ask the company attorney.
Let us know how things work out.
Well... I will try to figure this out one way or another since my work requires me to visit the States for meetings and stuff!
I'm planning on visiting the US consulate here and I'll tell them everything about my previous situation!
I had voluntary departure when I left the States... I still cannot find what's the duration of deportation in my case? if anyone knows please let me know?
I appreciate all the help you guys....
thanks
Can the Company lawyer help?
why not apply for a USA tourist visa in Canada.? like this you will trigger some investigation from the us embassy and they may solve your situation for less 200$.
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