Am I crazy?

[wowswift 3]

nm. gl

Edited April 25, 2009 by wowswift

[Galateia 1]

I actually said "Honey, please." out loud at your last post. I've gone from sympathetic to incredulous.

You can paste bits of policy all day to try to prove that it doesn't apply to you, but the bottom line is your keister was in the US for longer than 6 out of 12 continuous months.

You can try to argue semantics with US immigration; please come back and let us know how your David vs. Goliath showdown went and whether they've agreed to split hairs instead of just banning your behind from the US for being in it for longer than the 6 month limit.

Stamp or no stamp, you overstayed in the US. Do you really think that they are going to indulge your semantic-reliant argument?

Edited April 25, 2009 by Galateia

[rexalite 0]

I actually said "Honey, please." out loud at your last post. I've gone from sympathetic to incredulous.

You can paste bits of policy all day to try to prove that it doesn't apply to you, but the bottom line is your keister was in the US for longer than 6 out of 12 continuous months.

You can try to argue semantics with US immigration; please come back and let us know how your David vs. Goliath showdown went and whether they've agreed to split hairs instead of just banning your behind from the US for being in it for longer than the 6 month limit.

Stamp or no stamp, you overstayed in the US. Do you really think that they are going to indulge your semantic-reliant argument?

[rexalite 0]

I actually said "Honey, please." out loud at your last post. I've gone from sympathetic to incredulous.

You can paste bits of policy all day to try to prove that it doesn't apply to you, but the bottom line is your keister was in the US for longer than 6 out of 12 continuous months.

You can try to argue semantics with US immigration; please come back and let us know how your David vs. Goliath showdown went and whether they've agreed to split hairs instead of just banning your behind from the US for being in it for longer than the 6 month limit.

Stamp or no stamp, you overstayed in the US. Do you really think that they are going to indulge your semantic-reliant argument?

well as I said a couple of times already, I am going to adjust status. I was posting here to give the people in thevsame position as me the benefit of the $$ I spent on getting info from top US immigration attorneys. I guess the opinions of experts, the provisions of the immigration act and department of state memos aren't quite as convincing as a bunch of people saying you can't stay longer than 6 months over and over again without anything to back it up. I won't waste my time on this anymore.

Thanks to those who wished me luck - I really appreciate it.

Thanks to the

[beans 7]

Probably a good thing to let it die but remember that lawyers want to represent for a reason (most immigration cases are a walk in the park). And lawyers know full well that they don't need to help you with these petitions. An overstay is an overstay regardless of your country of origin. Good luck.

Edited April 25, 2009 by beans

[trailmix 77]

You know what rexalite, I hear you. Just because we all say - it's 6 months - does not make it so - indeed, even if a bunch of people say it over and over - it does not make a law.

I couldn't really find any documentation to back that up, however, as I said, it is the CO that will make that decision and that is a big gamble (I know you read what I said about that as you acknowledged it - sorry to repeat).

I guess what I wanted to point out also is that it's not so much the period of time you have been there - it's your intent. If you enter the U.S. with the intent to visit and you stay a few weeks - that's visiting, no one would argue that.

If you enter the U.S. as a visitor and live there for over a year and a half - is that still a visit or is it 'living there'? That's the gray area. I think that the majority of people would agree that 19 months of residency, living with your Husband and baby would be considered 'living there'. I would venture to say that a CO would see it that way too. Basically what I am saying is while the 6 month rule may not be pursued - the question of your intent upon admission certainly could be? Is it possible the CO would not pursue that - sure, but perhaps not. I can only assume you have also come to this conclusion - as you have decided to adjust status.

AMCITS

Please be sure to check the U.S. Customs and Border Protection web site for the latest updates on U.S. entry requirements for Canadians and others.

Canadian visitors are generally granted a stay in the U.S. for up to six months at the time of entry. Requests by any foreigner to extend or adjust a stay must be made prior to expiry to the U.S. Citizenship and Immigration Service. All Canadians are reminded that U.S. law requires all foreigners to qualify for the desired stay and purpose at the time of their intial entry. A visitor who intends to live, work or study in the U.S. may be permanently barred from the U.S.

[zyggy 9]

Rexalite, you asked me to come out of my semi-retirement here to post on your case. I am a former CBP officer and there is definitely an overstay for Canadians.. It's 6 months. If you have stayed in the US for longer than a 6 month period without a written authorization or extension from USCIS, you have overstayed and are subject to the bans on reentry to the US.

Please realize that even though you may manage tohide this fact from the State Dept when you may be soccessful in getting a visa, you will not be able to hide this fact from CBP. THey know when you left and when you entered. It is CBP and not the State Dept, who determine who is and is not admissible to the US. THere have been many people who have had visas, only to see themselves denied entry due to some fact of inadmissibility that the State Dept. missed.

If you follow your current course of action and levae the US to get a CR_1 visa, you will surly be at a high risk denied entry when you attempt to enter the US whether Montreal issues the visa or not. Either way, you're lookign at 18 months for a waiver and another CR-1 application.

You say you have a child... do the smart thing. Stay with the child and your husband and withdraw the CR-1 petition and change it over to a AOS in the US. Overstay is forgiven for an family originated AOS case. It is not once you leave the US.

THis is not the time to be stubborn and wrong headed. THis is the time to think of the high risks and low rewards. You have a legal route to a green card open to you with very low risk and a very high chance of approval as long as you didn't misrepresent yourself when you entered the US in the first place, which it appears you did not. You would be a fool not to follow through with that route.

No one will be sorry for you, least of all me, if you keep up your current path and fail to sit down and logically consider your options. I would say right now, you have two paths to get to where you want to be. One is walking off a cliff and one is following the long and windy path. Going to Montreal is walking off a cliff. It's faster, but you're going to almost get killed in the process. THe path is AOS, it will take longer, but you'll get where you want in one piece.

Edited April 28, 2009 by zyggy

[Chica Yeyé 41]

Brother zyggy, as always, has wise words based on experience. Hi brother!

[chispas 0]

Rexalite, you asked me to come out of my semi-retirement here to post on your case. I am a former CBP officer and there is definitely an overstay for Canadians.. It's 6 months. If you have stayed in the US for longer than a 6 month period without a written authorization or extension from USCIS, you have overstayed and are subject to the bans on reentry to the US.

Please realize that even though you may manage tohide this fact from the State Dept when you may be soccessful in getting a visa, you will not be able to hide this fact from CBP. THey know when you left and when you entered. It is CBP and not the State Dept, who determine who is and is not admissible to the US. THere have been many people who have had visas, only to see themselves denied entry due to some fact of inadmissibility that the State Dept. missed.

If you follow your current course of action and levae the US to get a CR_1 visa, you will surly be at a high risk denied entry when you attempt to enter the US whether Montreal issues the visa or not. Either way, you're lookign at 18 months for a waiver and another CR-1 application.

You say you have a child... do the smart thing. Stay with the child and your husband and withdraw the CR-1 petition and change it over to a AOS in the US. Overstay is forgiven for an family originated AOS case. It is not once you leave the US.

THis is not the time to be stubborn and wrong headed. THis is the time to think of the high risks and low rewards. You have a legal route to a green card open to you with very low risk and a very high chance of approval as long as you didn't misrepresent yourself when you entered the US in the first place, which it appears you did not. You would be a fool not to follow through with that route.

No one will be sorry for you, least of all me, if you keep up your current path and fail to sit down and logically consider your options. I would say right now, you have two paths to get to where you want to be. One is walking off a cliff and one is following the long and windy path. Going to Montreal is walking off a cliff. It's faster, but you're going to almost get killed in the process. THe path is AOS, it will take longer, but you'll get where you want in one piece.

Dang. I like the way you presented the information. Good job

[Krikit 1,164]

Thank you, Zyggy. Good luck, Rexalite.

[thetreble 19]

Ah, Thanks Zyggy! That was a nice way to sort of end all the confusion and hopefully Rexalite will take your (and all of our) advice.