Help!

[Shawna and James 4]

So I found one of the websites guides to the NVC process and thought I might get a headstart filling out the paperwork they are going to send to us. So as Im merrily making my way through, I come to the part about Schooling youve completed. Here is my problem. After I graduated Highschool, I visited my Mother for a year. She lived in Virginia. While I was in Virginia I went to Hairdressing school. So here is my issue. I was in the US from June of 2001-July 2002. I did go back to Canada for Christmas... but yeah. And Im worried about putting that on the records because it will look bad.. but Im also worried if I DONT and they find it, it will look worse. HELP! And Also I guess if I do put I went to school there, I should also put that I lived with my mother there in the 10 years of residence part.

[Shawna and James 4]

So I found one of the websites guides to the NVC process and thought I might get a headstart filling out the paperwork they are going to send to us. So as Im merrily making my way through, I come to the part about Schooling youve completed. Here is my problem. After I graduated Highschool, I visited my Mother for a year. She lived in Virginia. While I was in Virginia I went to Hairdressing school. So here is my issue. I was in the US from June of 2001-July 2002. I did go back to Canada for Christmas... but yeah. And Im worried about putting that on the records because it will look bad.. but Im also worried if I DONT and they find it, it will look worse. HELP! And Also I guess if I do put I went to school there, I should also put that I lived with my mother there in the 10 years of residence part.

OMG now I am definitely freaking out!

Im going through the checklist part about whether you fall into each category and this one..well I dont know.

h. An alien who was previously ordered removed within the last 5 years or ordered removed a second time within the last 20 years; who was previously unlawfully present and ordered removed within the last 10 years or ordered removed a second time within the last 20 years; who was convicted of an aggravated felony and ordered removed; who was previously unlawfully present in the United States for more than 180 days bute less than one year who voluntarily departed within the last 3 years; or who was unlawfully present for more than one year or an aggregate of one year within the last 10 years.

If I check yes to that doesnt it mean Im not eligable? because the part at the top says "United States laws governing the issuance of visas require each applicant to state whether or note he or she is a member of any class of individuals excluded from admission to the United States. The excludable classes are described below."

Help.

[RichiJenny 14]

If you lie on immigration forms, that is material misrepresentation which leads to a bar.

Being truthful, depenfing on how you entered the USA leads to a bar if you wear out of status for more than 180 but less than 1 year = 3 year bar, but you could be eligible for an i601 waiver.

Again 1 year + out of status leads to a ten year bar and again you coudl be eligible for an i601 waiver.

It all depends how long you were allowed to stay in the US for.

[RichiJenny 14]

It means at the interview if you are found inadmissable due to the overstay, you will be given the option to file an i601 waiver for extreme hardship (the onus is on the USC to prove that their life would suffer in the extreme should the spouse not be able to join them) The waiver is an entity in itself. Its consists of a letter from the USC and any relevant supporting documents. This can be filed after you are denied at the interview.

But, dont try to hide anything on any form, it could have an adverse effect on any immigration attempt.

[Inky 1,110]

NEVER lie on your forms EVER, never lie at the interview either. It will make even MORE problems for you. Tell the truth.

[RichiJenny 14]

The simple anser to your question is - were you eligible to stay in the US for the longest time that you lived there?

if not, you will check that are ineligible, this will be reviewed at the interview, and providing their are no other problems, you can file the waiver.

What Id suggest speaking from personal experience is that if you know for sure you were out of status for 6+ months at least. Start preparing the waiver now. A good waiver packet can take a few weeks to prepare. And it costs $585 USD to file.

[Shawna and James 4]

I just hate to think that listening to my mother at age 18, 8 years ago, is going to keep my husband and I apart. I love him so much. Im really worried now. /sigh. He thinks that if I explain to them that I was 18 and didnt know at the time how the visitor visa worked that hopefully they wont hold it against me. My mother honest to god told me that I could be there for 6 months, then as long as I came back to Canada for a few days, I could go back for another 6 months. I hate that something like this in my past could screw everything up for us.

[Amy and Nick 37]

As far as im aware, you can go into the US for 6 months, and theoretically you can just pop over to Canada, and come back in for another 6 months.

I believe it works the same way as the Visa Waiver Program where the issue with doing this, is that the CBP may deny you entry as you are visiting too often. If you werent denied, you should be fine.

Before you freak out, check into this. If you want more help from VJ, youre gonna have to share more facts of exactly what happened.

[Shawna and James 4]

argh. /facepalm. I was looking through our I-130 package and I put that I lived at my parents from 92-2006. I didnt put in there the time I was in the US because I didnt consider myself living in the US it was just a visit. And now Im worried when I put in the time in the US as residence it will give us an RFE cause it wont match the I-130. Would it be considered residence? It honestly was a visit. A long visit.. but I never intended to stay. I just wanted a year off before college and my father was the whole "as long as you live under my roof you are going to college" so I went to stay with my mom. /sigh.

[Inky 1,110]

You will also have to put down that you went to school in the US while being a visitor...

They have probably already found it in your background checks and FBI checks. So you can pretty much bet that they know you were living and going to school in the US.

[Shawna and James 4]

As far as im aware, you can go into the US for 6 months, and theoretically you can just pop over to Canada, and come back in for another 6 months.

I believe it works the same way as the Visa Waiver Program where the issue with doing this, is that the CBP may deny you entry as you are visiting too often. If you werent denied, you should be fine.

Before you freak out, check into this. If you want more help from VJ, youre gonna have to share more facts of exactly what happened.

In June of 2001 I graduated Highschool. Although I had received scholarships and bursaries, I wasnt ready to go to college yet. The program I had applied for wasnt what I really wanted to do, our local college didnt offer anything that appealed to me. I wanted to wait. My father insisted that if I took time off, I would never go back. I insisted I would. He gave me an ultimatum. Go to school, or get out. I didnt have a job, had never had a job, and didnt think I could support myself. I asked my mom if I could spend time with her because she had left when I was 14 and we hadnt had much time together from then on. I went to visit my mother, but wasnt clear how it worked. I knew she was in the process of getting her Green Card with my Step Father, but I didnt want to move there, just visit. My mom and step dad told me that as long as I went back to Canada for a few days after 6 months it would be ok. So I went down to visit. After a few weeks I was really bored. I didnt know anyone. I hated sitting at home. I came up with the idea to go to hairdressing school. I thought it would be something I could do when I went to College as a job. It was a 10 month course, so my mom and step father enrolled me. Over Christmas 2001 I went back to Canada to visit family etc. We came back Early January 2002. No hassels at the border what so ever. I finished my course and came back to Canada in July 2002.

[belinda63 3,031]

Whether the overstay will be a problem I can't really address specifically but it looks to me like, and probably to immigration, that you were residing in the US at the time and not just visiting. And there is also the issue of attending school on a visitor's visa, although you really didn't have a visa, which is a big no-no. Own up to what you did and if asked honestly explain at the interview, and no being young and dumb is not an excuse.

The good news is you mentioned this happened 8 years ago so it will probably be a non-issue.

[Shawna and James 4]

Ill have to check with my mom about the exact dates. Thinking back now I dont actually remember when I went down to be with her. I dont actually think it WAS June because Im pretty sure I remember celebrating Canada Day with my friends after Highschool. Ugh this is so confusing. And Im not sure what to put for dates Ive visited the US because living in a border city, we go shopping there fairly often.

[RichiJenny 14]

OI corrected my g325a - as Ive lived in the uk all my life, yet have stayed in the US twice. once with my ex wife, and once with my current wife. the co asked why i ommitted them in the ammendment and I said i thought it was just to include places you've lived. Its a fine line, but they ask for pleaces you reside. So if you stayed for a lentgthy period in the US, you should include it.

At 18, Im not sure, I think the US Govt may still class you as an adult capable of making your own decisions.

Regardless of how long ago it was - what you need to address - even if its month/year to month/year is the duration that you were there out of status. CBP will have a record of your crossing surely. So perhaps request a freedom on info act from them. If you spent an UNINTERRUPTED length of over 6 months you would be faced with a 3 yr bar. Which you have most likely served, as it starts ticking upon leaving the US. If its over 1 year - it will matter. And its a 10 yr bar from departure. SO an i601 will be required.

Im pretty sure the 1 yr is also an aggregate time spent out of status which can be on various occasions. You need to really nail on how much time you have spent there out of status. If you go in spend six months, and leave, and 'check out', and do the same again, you're ok, but if youre accruing days OOS, that works towards the bar.

Edited December 19, 2010 by RichiJenny

[canadian_wife 1,818]

When a Canadian is admitted into the US, they are allotted a 6 month visit. Unless you were specifically issued a shorter amount of time, then when the 1st time you were admitted in June 2001 - you were given a stay of 6 months. Taking you to December 2001. You say you went home to Canada for Christmas, this sounds like the 1st time you were admitted in June 2001 and left December 2001 you maybe overstayed a few days.

Then you say you were re-admitted after Christmas 2001 and stayed until July 2002. Again, unless you were specifically given a shorter stay, you were allotted 6 months of visiting time. So if you left in July 2002, then it sounds like your overstay was maybe a few weeks.

You MUST list you went to school there and you MUST list that you were there for that amount of time.

On the part where you list your visits, you should attach a separate sheet of paper listing the visits to the best of your knowledge (including these where you went to school). Being Canadian, not needing a visa, and living in a border town it is natural you will not remember all your visits.

This is the time you must be VERY clear and honest on all these forms. Correct any mistakes you make on the I130 on the DS-230 and make sure you answer questions honestly at the interview.

This is not to say that you will not have any issues

Good luck