Am I crazy?

[rexalite 0]

I asked the Montreal lawyer what would happen if I got an interviewer who was having a bad day who denied me outright. He said "oh we will just ask to see the program manager and we'll get it straightened out". He acted like there was no risk at all.

Sorry. I just have to at that. We've seen/heard so much. Sorry.

Just backing up a bit here.... is this the same attorney who is going to accompany you to your interview? Because attorneys are specifically prohibited from entering the Consulate.

The info for Montreal says lawyers are allowed. http://travel.state.gov/pdf/supplements/MT...L-0003-0808.pdf On the last page under Accompanying Persons.

I am not sure if they are allowed into the interview room, but they are definitely allowed in the consulate.

I had the same reaction as you to his remarks about the risk, but the thing is, I have read every review of the Montreal consulate, I have searched this website and others, and can't find any cases of someone being denied for overstay under these circumstances. Have you heard of a case like that?

I have a call into a Senator's office to see what they recommend, since they are the ones who will have to bail me out if I get in trouble!

[beans 7]

Canadians typically do not get their passports stamped this is true. I'm unsure for land crossings but when you fly they do swipe your passport which I imagine has something to do with it. If this was me I'd do as suggested either attend the interview or withdraw the petition and adjust.

[Krikit 1,164]

The info for Montreal says lawyers are allowed. http://travel.state.gov/pdf/supplements/MT...L-0003-0808.pdf On the last page under Accompanying Persons.

I am not sure if they are allowed into the interview room, but they are definitely allowed in the consulate.

Gak!!!! Give them a call because they have conflicting information on their website:

Security Notice to All Consular Visitors

Rexalite, I feel really terrible for you.... I really do. Because there is no way you are going to be able to know, one way or the other, until you actually go through with it. All I can tell you is that overstays are (usually) forgiven when AOS'ing from within the US. I cannot tell you that they are forgiven when interviewing at the Consulate, because I haven't seen or heard any evidence of that. Your statement that you have been living in the US, without lawful authority, and are intending on leaving the US to make that statement at a US Consulate is a HUGE problem. The CBP POE officers would bounce you back without a moment's hesitation with this information. The USCIS pays attention to overstays by virtue of the fact that they request that information in the application. Who knows? You may get lucky and they may not ask you the question. It all depends on who you get and what they ask.

The fact that you didn't have immigrant intent when you entered the US works in your favour for an AOS approval. It does not, however, apply to applicants who have become de facto residents and are applying for family-based visas through the regular channels. That is why they tell you not to leave the US if you have an overstay.... even if you have an AP.

I hope you keep in touch and let us know how things go for you, Rexalite. We are all very concerned.

[trailmix 77]

Yes please do keep in touch.

There is a chance that the consulate will not ban you/ask you to file a waiver, but it's a HUGE risk you are taking by doing that.

I completely understand why you want to - just do the interview next month, assuming there is no ban, you have not wasted all that time waiting for an interview and all the money you have spent.

It is, of course, your choice and no one here can tell you how that interview will turn out. Regardless of which route you decide to take I wish you lots of luck

[wowswift 3]

wait, didn't delicia do something like this? i believe her husband came to visit, while their I-130 was still pending at USCIS, then as he was in the US, it was approved, so they filed for AOS.

[trailmix 77]

wait, didn't delicia do something like this? i believe her husband came to visit, while their I-130 was still pending at USCIS, then as he was in the US, it was approved, so they filed for AOS.

He did. It was not yet approved when he went to the U.S. - but their situation is completely different to rexalites.

It is mentioned in this thread that she can apply for AOS if she wants to.

Edited April 23, 2009 by trailmix

[wowswift 3]

wait, didn't delicia do something like this? i believe her husband came to visit, while their I-130 was still pending at USCIS, then as he was in the US, it was approved, so they filed for AOS.

He did. It was not yet approved when he went to the U.S. - but their situation is completely different to rexalites.

It is mentioned in this thread that she can apply for AOS if she wants to.

but, i don't believe their I-130 was withdrawn. I believe they just sent in the NOA2 with the rest of the packet? I think it was posted, lemmie look

edit, yeah here it is, her husband entered before approval, approved while he was there, so i guess after this thread, they went AOS http://www.visajourney.com/forums/index.ph...=138149&hl=

Edited April 23, 2009 by wowswift

[Krikit 1,164]

wait, didn't delicia do something like this? i believe her husband came to visit, while their I-130 was still pending at USCIS, then as he was in the US, it was approved, so they filed for AOS.

He did. It was not yet approved when he went to the U.S. - but their situation is completely different to rexalites.

It is mentioned in this thread that she can apply for AOS if she wants to.

but, i don't believe their I-130 was withdrawn. I believe they just sent in the NOA2 with the rest of the packet? I think it was posted, lemmie look

edit, yeah here it is, her husband entered before approval, approved while he was there, so i guess after this thread, they went AOS http://www.visajourney.com/forums/index.ph...=138149&hl=

I'm not quite sure where you're going with this, Wowswift. Delicia's husband AOS'd after entry. Rexalite is talking about LEAVING the US with an overstay and hoping for an approval.

[wowswift 3]

wait, didn't delicia do something like this? i believe her husband came to visit, while their I-130 was still pending at USCIS, then as he was in the US, it was approved, so they filed for AOS.

He did. It was not yet approved when he went to the U.S. - but their situation is completely different to rexalites.

It is mentioned in this thread that she can apply for AOS if she wants to.

but, i don't believe their I-130 was withdrawn. I believe they just sent in the NOA2 with the rest of the packet? I think it was posted, lemmie look

edit, yeah here it is, her husband entered before approval, approved while he was there, so i guess after this thread, they went AOS http://www.visajourney.com/forums/index.ph...=138149&hl=

I'm not quite sure where you're going with this, Wowswift. Delicia's husband AOS'd after entry. Rexalite is talking about LEAVING the US with an overstay and hoping for an approval.

no, everyone is saying she can AOS, which is exactly what they did, but also telling her to withdraw the I-130, which apparently, which she doesn't have to do. so I am saying stay in the US, and AOS now. send it in with your NOA2

[Krikit 1,164]

Ahhh.

[rexalite 0]

Krikit - to clarify, when you say the CBP POE would bounce me back, are you talking about US customs when I try to reenter and activate my visa?

[Krikit 1,164]

Krikit - to clarify, when you say the CBP POE would bounce me back, are you talking about US customs when I try to reenter and activate my visa?

No no. Just if you were trying to reenter as a regular visitor.

[MapleLeafBaby 1]

I asked the Montreal lawyer what would happen if I got an interviewer who was having a bad day who denied me outright. He said "oh we will just ask to see the program manager and we'll get it straightened out". He acted like there was no risk at all.

Sorry. I just have to at that. We've seen/heard so much. Sorry.

Just backing up a bit here.... is this the same attorney who is going to accompany you to your interview? Because attorneys are specifically prohibited from entering the Consulate.

Tee hee lol!

Wait... I just read my P4 interview letter and it says you are allowed to have one of 3 people accompany you:

USC

Special Needs assistant

An Attorney

I guess lawyers are allowed in MTL

[Hugglebuggles 60]

Right, my P4 says lawyers are allowed to attend the interview with you, but the Montreal website says otherwise. That is a very strange discrepancy.

The thing I thought about when reading your post is this... You have a baby in the US, correct? You have a young baby and a husband, meaning you have everything to lose by gong to Montreal and attending your interview. It seems like there is a faint possibility you will be completely denied, a faint possibility you will be approved, and a very huge possibility you will need to file a waiver to have the overstay excused. This may mean separation from your child and husband for almost a year. When your children are that young, a year is huge! I wouldn't risk that. I would withdraw the petition and file AOS from within the US. Since you married a USC, as others have indicated, your overstay will very likely be forgiven when doing this, and you will not face the risk of being separated from your family. Yes it will cost more money, and take you more time, but it seems like the safer option. You can prove you had no immigrant intent when you came to visit very easily. That would really only be helpful in an AOS situation, not in the CR-1 situation. Whatever you decide I wish you luck!

[rexalite 0]

Right, my P4 says lawyers are allowed to attend the interview with you, but the Montreal website says otherwise. That is a very strange discrepancy.

The thing I thought about when reading your post is this... You have a baby in the US, correct? You have a young baby and a husband, meaning you have everything to lose by gong to Montreal and attending your interview. It seems like there is a faint possibility you will be completely denied, a faint possibility you will be approved, and a very huge possibility you will need to file a waiver to have the overstay excused. This may mean separation from your child and husband for almost a year. When your children are that young, a year is huge! I wouldn't risk that. I would withdraw the petition and file AOS from within the US. Since you married a USC, as others have indicated, your overstay will very likely be forgiven when doing this, and you will not face the risk of being separated from your family. Yes it will cost more money, and take you more time, but it seems like the safer option. You can prove you had no immigrant intent when you came to visit very easily. That would really only be helpful in an AOS situation, not in the CR-1 situation. Whatever you decide I wish you luck!

I find the idea of barring lawyers very odd to begin with!

You are right, I do have a baby and it would be terrible to be seperated. It is just tearing me up though, as it seems clear that I haven't overstayed. This is the interpretation of the rules issued by the Department of State:

Subject: Advisory Opinion: INA 212(a)(9)(B) and Canadians

Ref: (a) Montreal 1497, (B) Victars E57819, © 97 State 23545, (d) State 60539

Montreal's Reftel asks if the unlawful presence inadmissibilities, imposed by INA (a)(9)(B)1 and 2, apply to Canadians, and Commonwealth Citizens Resident in Canada, who enter the United States following inspection by and INS officer, but have received neither a visa nor an I-94.

The INS General Counsel's office has informed VO that, a Canadian, or Commonwealth Citizen Resident in Canada, admitted following inspection, who has not been issued an I-94, should be treated in the same manner as a duration of status case, similar to an F or J.

As in duration of status cases, a Canadian, or Commonwealth Citizen Resident in Canada, who is found to have violated status and be removable by an Immigration Judge, or found to have violated status, by an INS officer, in the course of adjudicating a benefit, such as an extension of stay or a change of adjustment of status, is unlawfully present. The unlawful presence commences on the date when the immigration judge, or INS officer, makes the ruling, not the date the status violation began.

A Canadian, or Commonwealth Citizen Resident in Canada, like other aliens, who enters without inspection, accrues unlawful presence from the time of entry. However, as unlawful presence may not be counted in the aggregate, there must be an unbroken period of unlawful presence lasting at least six months after April 1, 1997, and following the applicant's eighteenth birthday, before a 9B bar could apply.

So you see from reading this, it is very clear that in my circumstances that I do not have an overstay, but if I try to adjust status and they make an order saying that I am unlawfully present, then the overstay clock would start to run and I would have to leave the US. I feel like there is no legitimate grounds to deny me my visa in Montreal, and I could encounter problems adjusting status. I am trying to figure out where the risks are, and as adamant as so many are people saying I could get a bar and need a waiver if I go to Montreal, I can't find a case of that happening. I can't find a case of it being approved either!

I am getting closer and closer to being in a total state of panic. It has been incredibly stressful trying to figure out what to do. I don't know where to turn to for advise, since what the lawyers have told me has been contradictory. I have a consultation with a third lawyer tomorrow. I don't know what else to do.