AOS after coming thru Canadian Border

[usmalu 0]

Still it doesn't make sense.

As far as I remember from the official immigration to Canada website, you may apply for Canadian residency from ANY country in the world, but you are required to have LEGAL presence in that country while they process your application. For applicants from inside US, it is required to have a legal presence for minimum 1 year. Did you have that?How did you prove it?

In 2001, I believe, Canada requires a legal entry to any country that the applicant interviewed at. The officer was fine the way I entered the country at the time. But because of 911, she said the consulate terminated giving anyone visa AT THE TIME. It may have changed, don't know. I know a few people got canadian residency even though they were illegal in the usa and this was in 2001 before 911. 911 changed everything, I guess.

[juliava 80]

In 2001, I believe, Canada requires a legal entry to any country that the applicant interviewed at. The officer was fine the way I entered the country at the time. But because of 911, she said the consulate terminated giving anyone visa AT THE TIME. It may have changed, don't know. I know a few people got canadian residency even though they were illegal in the usa and this was in 2001 before 911. 911 changed everything, I guess.

Let me get this straight:

Were you granted a Tourist Visa to attend an immigration interview in Canada?Tourist visas can not be issued for immigration purposes!

So you flew from India straight to Canada first, you get denied and then you simply crossed the border to US and remained here since?

I think it's better for you to consult an immigration lawyer, as you might have to write a detailed explanation letter for your entry in USA. A letter that would make sense.

[Kathryn41 3,205]

Let me get this straight:

Were you granted a Tourist Visa to attend an immigration interview in Canada?Tourist visas can not be issued for immigration purposes!

So you flew from India straight to Canada first, you get denied and then you simply crossed the border to US and remained here since?

I think it's better for you to consult an immigration lawyer, as you might have to write a detailed explanation letter for your entry in USA. A letter that would make sense.

You've misunderstood.

She flew to Canada and because she had applied to become a Canadian Resident from outside of Canada she had to attend her immigration interview outside of Canada. She requested and received an interview date at the Canadian Consulate in Buffalo, NY. She applied at the US border for permission to enter the US so she could attend the interview for Canadian immigration. Even though the computers were down that day, the border guards accepted her request and allowed her to enter. She attended the interview and was denied Permanent Residence status in Canada. She decided to remain in the US without returning to Canada (exact sequence of the events leading up to the decision not really known). She remained without status - no real proof of how long she was allowed to be here, but accept that 90 days to 6 months could reasonably be argued (3 months for most visitors; 6 months for Canadian visitors). A few years later she marries a US citizen, has children, and a few years after that they decide to pursue immigration to the US by filing for the AOS from within the US on an overstayed visitor's visa. She did not enter on the visitor's visa with the intent of staying in the US and immigrating. She was expecting to immigrate to Canada. Plans changed when her Canadian application was denied. As the spouse of a US citizen - even with a long overstay - she is eligible to adjust status and receive a green card.

[usmalu 0]

You've misunderstood.

She flew to Canada and because she had applied to become a Canadian Resident from outside of Canada she had to attend her immigration interview outside of Canada. She requested and received an interview date at the Canadian Consulate in Buffalo, NY. She applied at the US border for permission to enter the US so she could attend the interview for Canadian immigration. Even though the computers were down that day, the border guards accepted her request and allowed her to enter. She attended the interview and was denied Permanent Residence status in Canada. She decided to remain in the US without returning to Canada (exact sequence of the events leading up to the decision not really known). She remained without status - no real proof of how long she was allowed to be here, but accept that 90 days to 6 months could reasonably be argued (3 months for most visitors; 6 months for Canadian visitors). A few years later she marries a US citizen, has children, and a few years after that they decide to pursue immigration to the US by filing for the AOS from within the US on an overstayed visitor's visa. She did not enter on the visitor's visa with the intent of staying in the US and immigrating. She was expecting to immigrate to Canada. Plans changed when her Canadian application was denied. As the spouse of a US citizen - even with a long overstay - she is eligible to adjust status and receive a green card.

I believe you understood me better than anyone. Few questions;

What is sufficient to prove the entry was legal apart from an affidavit, interview letter for Canadian residency? Is it gonna be problem since I lost touch with those came with me to get an affidavit from them?

Any good lawyer recommendations?

Thanks

Edited December 9, 2010 by usmalu

[usmalu 0]

any similar cases that has been successfully adjudicated? any links will be very helpful. Thanks

[juliava 80]

Thank you, Kathryn!Now I understood what happened to Usmalu.

Usmalu - I still believe that you should find a good immigration lawyer. I am afraid that you are not going to find a lot of users who have been in a similar case. You will probably be fine, as you still have that interview letter that proves that you were scheduled to be in Buffalo to seek Canadian permanent residence status.

Good luck!

[Brother Hesekiel 2,236]

Jim an Kathryn are both correct, even if that sounds like a contradiction.

In order to gain legal status as a lawful permanent resident in the US, you will need to prove that you entered the US with inspection. Based on whether or not you will be able to establish that to the satisfaction of the US immigration officials, you'll be able to do AOS successfully or be deported. The problem is, there's really no way of knowing until you do it. The pre-9/11 world was different indeed. My girlfriend at the time came with a B2 visa in the mid-1990s and just sold the return trip part of it via a small add in the local paper. The girl who bought the ticket was able to check-in with it and fly to London without problems. Applying today based on the lax ways to do things pre 9/11 requires not only sufficient paperwork but also an understanding I.O. Since the issue of EWI is such a dealbreaker, you really have no other option but doing whatever it takes to gather as many documents as possible to support your claim of legal entry.

You have one shot at this, and it better be your best one.

Good luck.

Edited December 10, 2010 by Just Bob

[usmalu 0]

Thank you, Kathryn!Now I understood what happened to Usmalu.

Usmalu - I still believe that you should find a good immigration lawyer. I am afraid that you are not going to find a lot of users who have been in a similar case. You will probably be fine, as you still have that interview letter that proves that you were scheduled to be in Buffalo to seek Canadian permanent residence status.

Good luck!

Thanks a lot and I hope everything goes well at the interview.

Jim an Kathryn are both correct, even if that sounds like a contradiction.

In order to gain legal status as a lawful permanent resident in the US, you will need to prove that you entered the US with inspection. Based on whether or not you will be able to establish that to the satisfaction of the US immigration officials, you'll be able to do AOS successfully or be deported. The problem is, there's really no way of knowing until you do it. The pre-9/11 world was different indeed. My girlfriend at the time came with a B2 visa in the mid-1990s and just sold the return trip part of it via a small add in the local paper. The girl who bought the ticket was able to check-in with it and fly to London without problems. Applying today based on the lax ways to do things pre 9/11 requires not only sufficient paperwork but also an understanding I.O. Since the issue of EWI is such a dealbreaker, you really have no other option but doing whatever it takes to gather as many documents as possible to support your claim of legal entry.

You have one shot at this, and it better be your best one.

Good luck.

thanks a lot...

[usmalu 0]

I think, the matter of Areguillin applies to me. Please read here;

http://www.justice.gov/eoir/vll/intdec/vol17/2775.pdf