help, do I need a waiver?

[cici_ortiz 0]

hello,

here's my problem....

I think that when I was less then 10 I was unlawfully in the states, but Im not sure.

I know my parents had work permitts but i don't know if they came in with visas (or me for that case)

We moved to canada after living in the states and I know that when we lived there we had a legal stauts (we where not unlawfully in canada) which means that when we left the states we where not deported.

I know that if the case would be that my family and I had been the states illegaly it would not count becuase i was under 18?

ok , so on my k1 visa form it asked me t tell them if i had ever been in the states should i say yes? even though I dont remember the WAY i came in, with or with out visa? It also asks me to tell them the entry date and exsit date, what should i say if i don't know? and it also ask me to tell them if i was ever unlawfully in te states, if the im right about "they don't count an unlawfully stay if done someone did it when under the age of 18" should i say yes or no? is there anywhere i can find out this information about the stauts i had in the states? will this afect my chances to be with my fiance in the states? ps

***i can't get this information from my famly***

and another question Im living in mexico but i am a citizen of el salvador. Im here with a Fm3 visa marked a dependent of my parents (they work for a canadian company and are wait for there residentship from canada. is this going to affect me? Im turn 21 this year too so my stay in the states was about or more then ten years ago. please help

[emt103c 10]

The easiest way to get the information would be to ask your family.

You can try a FOIA request with USCIS to try and discover how you previously entered. In the meantime you need to be truthful about every entry you know about. USCIS and the consulate will understand that you were too young to know the facts about your previous entries, but you need to give the information about which you are sure. Illegal entries before 18 do not count against you.

Are you in the U.S. now?

[cici_ortiz 0]

The easiest way to get the information would be to ask your family.

You can try a FOIA request with USCIS to try and discover how you previously entered. In the meantime you need to be truthful about every entry you know about. USCIS and the consulate will understand that you were too young to know the facts about your previous entries, but you need to give the information about which you are sure. Illegal entries before 18 do not count against you.

Are you in the U.S. now?

No im not in the US now... I haven't been for about ten years or so. where do I FOIA? do have a web page?

[nichole 0]

No im not in the US now... I haven't been for about ten years or so. where do I FOIA? do have a web page?

The webpage is http://www.ice.gov/about/legal.htm#foia FYI...It may take up to a year to get the information back

FOIA

U.S. Immigration and Customs Enforcement (ICE) records are investigatory records compiled for law enforcement purposes.

Freedom of Information Act (FOIA) Contact:

DHS FOIA webpage

FOIA Office

U.S. Immigration and Customs Enforcement

800 North Capitol St., NW

5th Floor, Suite 585

Washington, DC 20536

Phone: (202) 732-0300 Facsimile (202) 732-0310

NOTE: All requests for Alien Files, including all records therein, should be requested from U. S. Citizenship and Immigration Services, The National Records Center, FOIA Division, P.O. Box 648010, Lee's Summit, MO 64064-5570. Alien Files are under the control of U.S. Citizenship and Immigration Services. Please refer any questions about Alien File record requests to Director, Freedom of Information/Privacy Act Program at (202) 272-8269.

How to Make a FOIA or Privacy Act Request

The Freedom of Information Act (FOIA), 5 U.S.C. § 552, requires the agency to make its records available to the public to the extent that those records are not otherwise exempt from the disclosure requirements of the Act (e.g., classified national security, business proprietary, personal privacy, and investigative information).

The Privacy Act (PA), 5 U.S.C. § 552a provides lawful permanent residents and U.S. citizens a right of access to records filed in an agency system of records, which are retrieved by their name or personal identifier.

ALL REQUESTS MUST BE SUBMITTED IN WRITING. FORM G-639 may be used for this purpose. Requests must be for access to existing records. The FOIA /PA Program Office will not "create" records for the purpose of responding to a FOIA or PA request.

Follow these steps to make a request:

The request must be in writing, including a daytime phone number so that we may contact you.

Provide as much information as possible on the subject matter; this will help expedite the search process.

Verification of Identity, Verification of Guardianship, Accompanying Persons, and Amendment Request are requirements for making a PA request. PA requests should be marked "Privacy Act Request."

Mail your request to:

FOIA Office

U.S. Immigration and Customs Enforcement

800 North Capitol St., NW

5th Floor, Suite 585

Washington, DC 20536

Requests can also be faxed to (202) 732-0310

Requests or questions may also be e-mailed to the following address: ICE-FOIA.ice@dhs.gov

Requests are deemed to constitute an agreement to pay any applicable fees that may be chargeable up to $25 without notice. Most requests do not require any fees; however, if fees exceed $25, we will notify you beforehand.

[emt103c 10]

If you've been outside the U.S. more than ten years then it doesn't really matter that much anyway. Any bar that you would have incurred (had any of the time been after the age of 18) would be over now, even if you were deported.

If I were you, just to be safe, I would consult an attorney--I recommend at visacentral.net . Tell her all of the circumstances you know and make sure that all is good. It sounds like all should be fine. If you were deported the ban would have probably only been 10 years at the most. You only entered once, overstayed and then left, correct?

[cici_ortiz 0]

If you've been outside the U.S. more than ten years then it doesn't really matter that much anyway. Any bar that you would have incurred (had any of the time been after the age of 18) would be over now, even if you were deported.

If I were you, just to be safe, I would consult an attorney--I recommend at visacentral.net . Tell her all of the circumstances you know and make sure that all is good. It sounds like all should be fine. If you were deported the ban would have probably only been 10 years at the most. You only entered once, overstayed and then left, correct?

thank you very much... you have been very helpful