DS-230 questions about trips to the u.s (I need help please)

[domegirl1978 1]

Hi everyone,

So I have not received packet 3 yet but i'm prepping all my stuff for it and I came across this for the DS-230

25. List dates of all previous visits to or residence in the United States. (If never, write "never") Give type of visa status, if known. Give DHS "A" number if any.

This is my question:

I lived in the states from age 3-9 (under what visa status i don't know, my mother cannot remember.) However, we would not stay more than 6 months because I was always in Montreal all summer long between the end of May and end of August and for all other major holidays. I attended elementary school there for grade 1, 2 and 3.)

Then I was back in Canada between the age of 9 until 15.

At 15 I moved back to the states to attend a private high school until i graduated at the age of 18. (Once again, I would be home for all holidays and all summer long here in Canada.) I do not remember every having a visa for going to high school there as it was a private institution and I don't think they required one.

When I write all of this down when I get the DS-230 should I be going back as far as 3 years old? Even my mother cannot recall the addresses we lived in all the way back to the 1980s. I do recall from high school on though what our address was for our home there. Will my having gone to school there affect anything on my K-1? Should I be writing that I was there during school months?

As a side note. I did attend University in the states on a student visa for 2 years at the age of 19. Again, I don't recall ever overstaying during this time because i would come home for summer break and x-mas.

I don't know if any of you can help but it would be greatly appreciated. I didn't think my having gone to school there would be such a pain in the butt now when I have to go fill out this paperwork

[trailmix 77]

I lived in the states from age 3-9 (under what visa status i don't know, my mother cannot remember.) However, we would not stay more than 6 months because I was always in Montreal all summer long between the end of May and end of August and for all other major holidays. I attended elementary school there for grade 1, 2 and 3.)

At 15 I moved back to the states to attend a private high school until i graduated at the age of 18. (Once again, I would be home for all holidays and all summer long here in Canada.) I do not remember every having a visa for going to high school there as it was a private institution and I don't think they required one.

Are you concerned about a possible overstay? Sound like you were in Canada for only a 3 month period over the summer. Even if you add in other school holidays it is unlikely it will add up to another 3 months?

When I write all of this down when I get the DS-230 should I be going back as far as 3 years old? Even my mother cannot recall the addresses we lived in all the way back to the 1980s. I do recall from high school on though what our address was for our home there. Will my having gone to school there affect anything on my K-1? Should I be writing that I was there during school months?

Yes you should go back that far. If you cannot remember the address you can put unknown. Going to school shouldn't be a problem - overstays may be a problem.

So I guess your real concern is an overstay - and maybe it should be. The bottom line is you were either legally in the U.S. during any or all of those periods or you were not - but without absolute details (type of visas, exact dates you stayed) I don't think that anyone can say for sure whether that is an issue or not.

[domegirl1978 1]

Thanks Trailmix for your response.

I was actually trying to find more info online about all this and I came across a few things.

Some people on other sites were saying that because I was a minor at the time that even if I did overstay it should/would not be held against me. I don't know if this is true or not but its not as if I really had a say as to where I lived as a minor or where i went to school.

Also, I was reading up on the immigration act passed by Bill Clinton in 1997. This is about bans. It stated:

Please note that the law on bars did not effect until April 1, 1997. That is the first day any "clock" on unlawful persence started running. So lets say you entered as a visitor in 1994, overstayed and departed on September 2, 1997 -- you would not have incurred the three year bar.

This was another website about the new immigration laws themselves:

http://library.findlaw.com/1996/Dec/1/126303.html

I figure if I did overstay for any reason, it was definitely before 1997 before the age of 18. After that I had an F-1 visa to go to University in Florida at the age of 19-21 where I graduated and immediately came back to Canada right after graduation.

I'm slightly worried about it but I don't want to start freaking out. I figure if they grill me about it I'll be honest. I can't remember everything that went on as a kid and it wasn't like I was asking my parents in elementary school if it was ok to live in the states.

[trailmix 77]

Thanks Trailmix for your response.

I was actually trying to find more info online about all this and I came across a few things.

Some people on other sites were saying that because I was a minor at the time that even if I did overstay it should/would not be held against me. I don't know if this is true or not but its not as if I really had a say as to where I lived as a minor or where i went to school.

Also, I was reading up on the immigration act passed by Bill Clinton in 1997. This is about bans. It stated:

Please note that the law on bars did not effect until April 1, 1997. That is the first day any "clock" on unlawful persence started running. So lets say you entered as a visitor in 1994, overstayed and departed on September 2, 1997 -- you would not have incurred the three year bar.

This was another website about the new immigration laws themselves:

http://library.findlaw.com/1996/Dec/1/126303.html

I figure if I did overstay for any reason, it was definitely before 1997 before the age of 18. After that I had an F-1 visa to go to University in Florida at the age of 19-21 where I graduated and immediately came back to Canada right after graduation.

I'm slightly worried about it but I don't want to start freaking out. I figure if they grill me about it I'll be honest. I can't remember everything that went on as a kid and it wasn't like I was asking my parents in elementary school if it was ok to live in the states.

Yes I agree - it's not like you had any say in the matter.

[Carlawarla 1]

You must be honest on all your paperwork, but it sounds like you've done your research insofar as historically when bans were in effect and lifted etc. I'd put down all the information as you can remember it. I'm surprised your Mom doesn't remember what kind of visas she/you had during this time period. Was she married to an American? Since I don't know how old you are, is it possible that it was during some time period when you didn't need one to live in the US?

As trailmix suggested, going to school and coming back to Canada during school holidays and the summer wouldn't add up to 6 months. Sounds like you had a visa for your University education, so that shouldn't be an issue.

[domegirl1978 1]

Hi CarlaWarla,

I'm going to be 31 in June. I lived there from 1981-1987 as a young child.

And then I lived there from 1993-1996 when i graduated from high school.

Was there a time when you didn't need a visa to live there?

My mother and father are both Canadian (technically they were born in Spain but have been Canadian citizens since childhood).

My father is the one who arranged the paperwork and he is now living in Spain again and I do not speak to him. Thats why I have no idea what visa we were on if any. my mother says yes we had papers but she can't recall what they were exactly.

And again, for high school, I went to a private catholic high school and they never asked for a visa or papers of any kind. I live with my uncle and aunt in Florida and my parents paid the school tuition and that was it. So i don't even know if I ever actually needed something to begin with.

[carslo 0]

I lived in the US from 1965 to 1975, my father was recruited away from the RCAF to work for an airline in the USA. I had a green card, which I subsequentially lost after I returned to Canada. I did, however; have the # from my Alien Registration card and have used that on all documentation throughout this process.

When I was compiling my trips to the USA for the period of 1956 to 1975, I stated that I was living in the USA, due to my father's immigration for work and that I was unsure of what type of visa it was.

Also I was very specific with each trip I made to visit Carnell starting in 2001(40+), and then just stated thay my family lived in the USA and I made frequent trips across the border to visit, none lasting longer than 3 weeks.

Good luck.

Janet

[domegirl1978 1]

Thanks Janet. Maybe in some box somewhere my mom has an alien registration card. I'll look thru all of her old files. Maybe something will pop up. Its time to start hunting in the basement. lol

[carslo 0]

Good luck, this can be a frustrating process no wonder it is called a journey as the raod can be long and bumpy.

Janet

[domegirl1978 1]

Hey guys! Just found out that I was on an L-1 visa as as kid.

Technically I was under L-2 status but my dad had the L-1.

Thank Goodness my mother found the papers.

YAY!

[trailmix 77]

Hey guys! Just found out that I was on an L-1 visa as as kid.

Technically I was under L-2 status but my dad had the L-1.

Thank Goodness my mother found the papers.

YAY!

Great news domegirl!!