Help!

[Shawna and James 4]

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.

Is it more than one year EVER? My mom moved down there when I was 14. I spent every summer from 14 on with her for 2 months. that alone is 6 months. Then I did 6 months and 6 months. Then... 2 weeks.. then less than 2 weeks, less than 2 weeks, less than 2 weeks. and now Im visiting him for 3 months. Even if it was just the last 10 years.. argh. I was under the impression that as long as it wasnt more than 6 months a year you were ok. which technically I havent. it was 6 months in 2001, 6 months in 2002. then 2 weeks in 2007, then 5 weeks in total in 2009, 1 week in Jan of 2010, and then Ill have another 1.5 months in 2010 and 1.5 in 2011.

but if its a total of one year EVER.. #######. Although, the 1 year I was there visiting my mom was in 2001-2002 (with a week in Canada in the middle)... so the good news for that is I didnt come back to the US again until 2007 so the 3 years on that is up. But a 10 year ban for spending more than a year over the course of 10 years in the US??

[Shawna and James 4]

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

well the GOOD news is I think (other than my visits where I stayed more than a day), I can say in the last 10 years Ive gone shopping for a day in the US less than a dozen times. The bad news is I dont remember any of those dates. I do know my passport expired in June this year and I didnt renew it until October, so I know I wasnt over there at all during that period. And Ive only lived in a border city periodically throughout my life.. From Nov 2007-Aug 2008 and from Aug 2009-Preset. And I was born in one.. but moved when I was 7. I honestly dont think I can list any single shopping trip day. I can, however, give month/year of visits with my mom/my one vacation/visits with hubby/trip to Disneyland in grade 6.

[RichiJenny 14]

Yes, it says on aggregate - but your time has to be out of status. if you were in the US for the permitted length of time, you're fine. if you overstayed on several periods and that time calcualted totals 1 yr or more - you may be required to file the waiver

[Shawna and James 4]

Yes, it says on aggregate - but your time has to be out of status. if you were in the US for the permitted length of time, you're fine. if you overstayed on several periods and that time calcualted totals 1 yr or more - you may be required to file the waiver

oh.. whew.. ok. SO... then a few days in December of 2001 and a week or two in July 2002.. that doesnt add to a year.. its not was I in the us in my life time for more than a year its was I there in total ILLEGALLY for more than a year?

[RichiJenny 14]

In simple terms, review how many times you have vitied the US and what kind of visa and work out how long you stayed.

The out of status kicks in when your visa expires.

Sometimes a bar is not activated until an immigrant / nonimmigrant vias is applied for, depending on how CBP recorded your entry.

So for starters if you have overstayed out of status by more than 180 days and have not served the 3 year bar yet, or have entered the country since, you will need a waiver.

The same applies if the aggregate out of status is 1 year or more - whihc is the ten year bar.

So you have been out of status in the USA for less than 6 months?

Edited December 19, 2010 by RichiJenny

[Shawna and James 4]

In simple terms, review how many times you have vitied the US and what kind of visa and work out how long you stayed.

The out of status kicks in when your visa expires.

Sometimes a bar is not activated until an immigrant / nonimmigrant vias is applied for, depending on how CBP recorded your entry.

So for starters if you have overstayed out of status by more than 180 days and have not served the 3 year bar yet, or have entered the country since, you will need a waiver.

The same applies if the aggregate out of status is 1 year or more - whihc is the ten year bar.

So you have been out of status in the USA for less than 6 months?

In the last 10 years I have over stayed a 6 month visa by a few days once and a few weeks once. In 2002. Since then I have not exceded a Visitor Visa. So yes, I have been out of status for less than 6 months. Id say 3 weeks tops.

[RichiJenny 14]

you're fine then. No waiver necessary.

[Shawna and James 4]

you're fine then. No waiver necessary.

SO I can Answer NO to that check box. However, Im not sure how to fill in my Addresses because its still going to look like I was there for just over 12 months straight even though I came back to Canada briefly.

Also.. I wonder how bad they are going to beat me up over the school thing. It didnt even occur to me that even though we paid the tuition and fees ourselves that I wasnt allowed to be enrolled. /sigh.

[RichiJenny 14]

I would add an addendum on a seperate piece of paper documenting the address', visits and schooling.

Ive no idea what repercussions there are for schooling when not authorized to do so, if any.

[Shawna and James 4]

I would add an addendum on a seperate piece of paper documenting the address', visits and schooling.

Ive no idea what repercussions there are for schooling when not authorized to do so, if any.

well thank you for helping explain that to me and calming me down. I was headed towards full blown panic attack. /sigh. I unfortunately also have to say yes to the "have you been denied entry" question. Although, I have a friend who was denied entry and he was approved for his visa.

[Amy and Nick 37]

Just be honest about everything that has happened - never lie.

If you feel something needs an added explaination, include it on a seperate sheet.

If you feel overwhelmed and can afford it, get a lawyers advice - many do free or cheap one time consultations (paid about $60 for an hour long consult that definitely cleared some things up for me)

Good luck - and keep calm!!!

[Shawna and James 4]

Just be honest about everything that has happened - never lie.

If you feel something needs an added explaination, include it on a seperate sheet.

If you feel overwhelmed and can afford it, get a lawyers advice - many do free or cheap one time consultations (paid about $60 for an hour long consult that definitely cleared some things up for me)

Good luck - and keep calm!!!

thanks! I guess my only other questions are where it asks about your visits to the US and the Visa type.. I wasnt issued a Visitor visa.. so do I put none or just assume it was a Visitor Visa? and for school, how far do they want back? Just like highschool diploma and forward or everything? I went to a lot of elementary schools.

[Amy and Nick 37]

Well the DS-230 asks for all addresses you have lived for 6 months or more, so you may have to include your mums address here.

It also asks for all educational institutions attended...were you over 18 when you went to school in the US?

Im not sure how it all works, but surely you need some kind of proof you are a citizen or are eligible to go to school when you apply. Were you not asked any of this when you attended?

[Wayne and Claudia 40]

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.

I see your first visit as a no issue since you entered with the intent of visiting. Attending a hairdressing/cosmetology course I am not so certain as to the legality of it. Was it at a public institution or a private business? Now, when you returned to the US after the Christmas break, and you did not specifically tell CBP that you were entering to complete your coursework, that is a problem. The best thing to do is, as others say, be honest. It was not as if you had overstays or were illegally working or commited crimes while here. I would be willing to bet you would be successful in obtaining a waiver. But then those embassy officers can be very finicky at times. Good luck.

[Shawna and James 4]

Well the DS-230 asks for all addresses you have lived for 6 months or more, so you may have to include your mums address here.

It also asks for all educational institutions attended...were you over 18 when you went to school in the US?

Im not sure how it all works, but surely you need some kind of proof you are a citizen or are eligible to go to school when you apply. Were you not asked any of this when you attended?

I had -just- turned 18. And no, we werent asked. It was a small hairdressing school, the owner knew I was Canadian and that I was visiting my mom and headed back to Canada. They never asked for anything. What a hassle lol. If I had honestly known that this would cause such a huge mess I would have never gone! I never even go licensed as a hair dresser! I hated it. Ive never even worked as a hair dresser in a salon ever.