Is there a compassionate visa so I can get back to my husband in Texas?

[momof1 205]

There is an advisory opinion that states that Canadians aren't considered out of status until they are ruled out of status by an immigration judge. You have to fight to have this applied though. The 5 year mentioned bar seems to be for an expedited removal based on a denied entry rather than a bar for unlawful presence.

To the OP: You're not going to get "back to Texas faster than doing all the I-130 stuff" as you mentioned in your post. You have to do things by the book and unless there are some extraordinary circumstances that warrant humanitarian parole you are going to have to do things the long way.

This means you are going to have to file the I-130 and waivers if necessary. Consult with a well qualified immigraiton lawyer to discuss the specifics of your case. We can only give you an idea with the limited details you have posted. A consultation with a top notch lawyer will be well worth the money.

As for another member who mentioned the waiver only taking 6 months....well Canada(processed in Vermont) and in-country waivers are notoriously slow. I'd honestly expect nothing less than a year for waiver processing for Canadians. Anything less is a blessing.

[lizzjo 0]

HAY BE COOL YOU GOT A RIGHT (MARRIED TO US CITIZEN) ALL YOU THE NEED IS ACCEPT THE GOOD FAITH OF TIME WAITING WHICH IS SIX MONTH I HOPE ,BESIDES U NEED AN ATTORNEY

[Justine+David 218]

No she couldn't have left with AP and been let back in. Advance parole only works for those who have a pending application for adjustment of status.

Read up on "paroled alien" to learn more about the process.

Well, of course! That's why I said that she should have read about immigration. Haha, there's NO such thing as having an AP if you aren't already in the process If you go back, I said that if she was "already in the process"

Valerie was correct about the 180 thing, but as she mentioned, it was a moot point. However, if the OP had come over on a K1 (CR1 would have let her automatically leave the country) and she had applied for AOS, then she probably could have left immediately, if she did an infopass and got the AP. Of course, if she had done that in the first place, she probably would have had her green card within the first two years anyway...

It's a sad situation. I'm glad I didn't mess around with immigration...

Edited July 5, 2010 by Justine+David

[amykathleen2005 441]

HAY BE COOL YOU GOT A RIGHT (MARRIED TO US CITIZEN) ALL YOU THE NEED IS ACCEPT THE GOOD FAITH OF TIME WAITING WHICH IS SIX MONTH I HOPE ,BESIDES U NEED AN ATTORNEY

I think it is more the US citizen has the right to file the paperwork to have her stay, however they did not. As far as the US is concerned is a citizen of another country who has overstayed her visa so now she is banned. Hopefully you will be able to appeal or get a waiver, although I think that is more of a courtesy to the US citizen husband than anything else.

[trailmix 77]

Well, of course! That's why I said that she should have read about immigration. Haha, there's NO such thing as having an AP if you aren't already in the process If you go back, I said that if she was "already in the process"

Valerie was correct about the 180 thing, but as she mentioned, it was a moot point. However, if the OP had come over on a K1 (CR1 would have let her automatically leave the country) and she had applied for AOS, then she probably could have left immediately, if she did an infopass and got the AP. Of course, if she had done that in the first place, she probably would have had her green card within the first two years anyway...

It's a sad situation. I'm glad I didn't mess around with immigration...

Yes, I think the whole part about AP was misunderstood in this thread. I think everyone here is well aware that she would have had to file for AOS within the alloted time to be able to use AP (with or without a K1), don't think it's really necessary to spell it out in a thread where it doesn't apply.

The only reason I mentioned it is the OP mentioned that she 'knew' she couldn't leave because of what her Daughter went through, just hoping that if the OP runs across someone else in the same situation she will at least have enough information that she can pass it on.

But she never returned anyway, so we are just talking to ourselves

[amykathleen2005 441]

But she never returned anyway, so we are just talking to ourselves

Isn't that always the case? lol

[Used to be broken 147]

As a Canadian/dual citizen, its almost like we think that we can just float from border to border- been there done that.. I dont feel bad for this person being she #1 lived in USA illegally and #2 didnt do her homework/paperwork before leaving. We can go on and on with this one!

I think that is kind of harsh. There is no way we can know what this persons circumstances are. Further I think its pretty common for people who actually meet in person fall in love and are in the US to run into insurmountable immigration obstacles. US Citizens can virtually travel 80% of the planet without VISA as can most EU and Canadians, so its the last thought in the mind. Of course being in love you are kind of mildly blinded and although the OP mentioned her family member experience with not being to able to travel, thought that because she was Canadian she could come and go ..the fact she married did change the playing field. Now her life is a nightmare and so is the US Citizen spouse and child.

The reality is the "immigration landscape" if you will is very different depending on the circumstances of your meeting your spouse. Families that are involved in chain migration, arranged marriages and first generation families have recent memory of immigration issues. Someone from the US with no recent immigrants in their family wrongly thinks its "automatic" when you marry someone they let you in. People that meet in the online forums seem to have a leg up on the process because they meet with the intention of eventually immigrating and or bringing someone here.

[Lisa and Ian 7]

I agree that you will need to apply for a spouse visa of your choice, then, when you are denied because of the ban, file this: http://www.uscis.gov/files/form/i-601.pdf.

Immigration is doing it's job as it should do, to be fair, regardless of the circumstances. I had to wait ages for my fiance to come over and apply for AOS so he can stay. We spent money and had to wait and it was painful, but we did it anyway, because it's the law.

People should be aware of the processes and not assume they can stay because "they don't want to leave" or whatever else the reason might be.

Google is our friend.

[canadian_wife 1,822]

I am sorry for your situation and cannot offer any more advice than what was just presented

Laural Scott is great, scottimmigration.net and she offer's free immigration chats on Wednesdays.

You are lucky, 5 years instead of 10 - but the end result is still the same. You cannot return until you have an approved visa (or the 5 years are up) and this will take a while.

They detained the rest of your party for the same reason they detained my USC husband when I was denied entry - they were traveling with you and they considered you 'tied' - or at least that is how it was explained to me.

Get your husband to start the paperwork as soon as possible.

Good luck

[emt103c 10]

There is an advisory opinion that states that Canadians aren't considered out of status until they are ruled out of status by an immigration judge. You have to fight to have this applied though. The 5 year mentioned bar seems to be for an expedited removal based on a denied entry rather than a bar for unlawful presence.

To the OP: You're not going to get "back to Texas faster than doing all the I-130 stuff" as you mentioned in your post. You have to do things by the book and unless there are some extraordinary circumstances that warrant humanitarian parole you are going to have to do things the long way.

This means you are going to have to file the I-130 and waivers if necessary. Consult with a well qualified immigraiton lawyer to discuss the specifics of your case. We can only give you an idea with the limited details you have posted. A consultation with a top notch lawyer will be well worth the money.

As for another member who mentioned the waiver only taking 6 months....well Canada(processed in Vermont) and in-country waivers are notoriously slow. I'd honestly expect nothing less than a year for waiver processing for Canadians. Anything less is a blessing.

The above is the only post out of 5 pages that you need to read. . . .

5 years is an Expedited Removal. Your interview will not even come for almost a year (8-10 months most likely), and then the waiver will take another year (12-13 months is the most frequent amount of time, some are much quicker but are EXTREME outliers.)

As momof1 mentions, there is a Montreal Advisory Opinion that says you do not actually technically have an overstay, and under that Advisory Opinion, which you can get a lawyer to try to have applied (Matthew Kolken claims some success in this venture. . .) then you'd only have to file the I-212 and could file it before the interview, chopping off MONTHS of processing time on a 601. . . .and taking away the extreme hardship burden.

Soooooo while you make up your mind what to do, why don't you consult with Matthew Kolken and let him know about your situation. You should also go ahead and get started on the I-130 on your own. . .

Good luck.