Green Card Denied / Canadian

[scarecrow17 0]

I'll try and explain this situation the best i possibly can ....

My father in law is canadian. He married an american and now lives in the U.S. This was over 7 years ago. When they married, he filed for temporary work visa, etc; and he actually recieved it. Just recently, 1 year ago, they had their interview for the green card. Im not sure how it took that long? Maybe he was staying here illegally throughout a period of those 7 years? He hasnt told me the whole story. At any rate, his green card was denied via a letter in the mail. In Canada, when he was younger, he was arrested, charged, and convicted of a felony (tax evasion, etc;). He was later pardoned from that charge in Canada. I dont think the US recognizes these pardons? This was the reason he was denied. Another reason was due to some papers not being submitted at the time of the green card? Possibly papers showing that he crossed the canadian border through out those seven years? My question is, does he have any hope of getting approved or is he pretty much screwed? If you are denied your green card, does the US give you a time frame of when to leave the US? Will they actually come to your place of residence and remove you or can you just chance it and stay?

Edited August 24, 2010 by scarecrow17

[canadian_wife 1,827]

There is a lot missing from your story. Was he adjusting status? Was he interviewing within the US or Canada?

The felony may be the reason if it wasn't disclosed. The overstay may be the reason if he interview in Canada

If he was interviewing in the US, for adjustment of status, he will likely be given 30 days to leave the US. I dont' think he has any avenues to appeal. You'll need to find out exactly what happened at the interview (was he given any documentation?) and also what they said

Good luck

[CanadianRedneck 8]

Ya, can't say much without all the details..the pardon and then the US waiver and all that jazz that he would've required had he not entered the US..back in the day. Sounds like a crapshoot all the way around.

[Darnell 8,479]

Smells like an 'adjustment of status' case, so far?

It would be helpful to know any and all 'form numbers' for what he filed, what she filed, and when-ish

*** moving to AOS forum, not a K-3 visa topic ***

[JimVaPhuong 4,863]

I'll try and explain this situation the best i possibly can ....

My father in law is canadian. He married an american and now lives in the U.S. This was over 7 years ago. When they married, he filed for temporary work visa, etc; and he actually recieved it. Just recently, 1 year ago, they had their interview for the green card. Im not sure how it took that long? Maybe he was staying here illegally throughout a period of those 7 years? He hasnt told me the whole story. At any rate, his green card was denied via a letter in the mail. In Canada, when he was younger, he was arrested, charged, and convicted of a felony (tax evasion, etc;). He was later pardoned from that charge in Canada. I dont think the US recognizes these pardons? This was the reason he was denied. Another reason was due to some papers not being submitted at the time of the green card? Possibly papers showing that he crossed the canadian border through out those seven years? My question is, does he have any hope of getting approved or is he pretty much screwed? If you are denied your green card, does the US give you a time frame of when to leave the US? Will they actually come to your place of residence and remove you or can you just chance it and stay?

Whether or not he was in the US illegally during those 7 years (which is likely) is probably irrelevant, as long as he entered the US legally. The requirement that you have to maintain your legal status in the US in order to be eligible to apply for a green card doesn't apply to an immediate relative of a US citizen (with a few exceptions).

Willful tax evasion is considered a "crime of moral turpitude". If the maximum sentence for the crime is more than one year in prison, or if he was sentenced to more than six months in prison, then he's inadmissible. Your mom can pursue a hardship waiver to overcome this inadmissibility. These are tough to get. They should hire a very good lawyer who specializes in these waivers.

We need to know what papers were missing in order to know how critical it is.

Does he have any hope of getting approved? Well, you already said he was denied so you've pretty much answered that question. Yes, they usually do give you a limited time to leave the US voluntarily. 30 days is typical. Yes, they actually can and DO come to your home and physically remove you.

I suggest your father-in-law and your mom get busy and hire an immigration lawyer. If it's been more than 30 days since the green card was denied then it's too late to file an appeal to have the case reopened. In that event, he's probably already in removal proceedings, and ICE could show up at his door anytime. There are usually several avenues for review and appeal, but they should get moving quickly.