Canadian trying to get back to US wife and 2 US children.

[canadian1971 0]

My American wife and I got married on January 14th, 2011 in Whistler Canada. We did all her Canadian stuff and she became a landed immigrant, we had a daughter on November 2007. We then lived in Squamish, Canada until May of 2008. At that time, my wife and I visited Arizona, liked it, purchased a home and started a Bed and Breakfast. We had a second child who was born in the USA on February 17th 2010. I remained in the USA until February 2009, when I cam back to Canada for a 1 week work contract. I re-entered the USA on February 20th. I remained in the USA until February 10th 2011 when I came back to Canada for a 1 week contract again. I tried to re-enter the USA saying that I was going down for a one day trip with a friend, got caught lying and was removed after 8 hours in interview.

I am now “stuck” in Canada (more like stuck outside the US!), working in Ottawa as a construction worker. My wife is in the USA taking care of the Bed and Breakfast as well as taking care of the kids.

I am 40, my wife is 39. We met each other when I was attending a Formula One race in Indianapolis in September of 2000.

I do understand that I am in a difficult position and that I most probably need a waiver, and that I should have never left the USA in the first place.

I obviously want to return to my wife and kids and hope that my request can be expedited. I have been spending lots of time researching online as well as perusing immigration forums, it does seem like processing time greatly vary, and I am wondering why? I have talked to a few immigration lawyers and have yet to retain the services of one because they did not seem to have any contacts or ways of expediting my file.

[JoannaV 174]

Could you perhaps edit your comment so all the dates are correct? It is a little confusing :-)

I do understand that I am in a difficult position and that I most probably need a waiver, and that I should have never left the USA in the first place.

No, you should never have moved to the USA in the first place. You need to recognise that, and recognise that your position is a difficult one and made even more difficult potentially because you lied at the border, although I am not sure how much extra difficulty that adds.

You will certainly need a lawyer, and some people on here should be able to give you some recommendations. I think that you can do the very first step without a lawyer though(?), and that is to get your wife to file an I-130 for you.

Processing times vary because USCIS is forever switching its attention and, basically, being annoying. I very much doubt that you would be eligible for an expedite, so do not focus on that: I can almost guarantee that any lawyer who promises to expedite your case is a fraud. (Or well-meaning but ignorant and deluded.) (Unless there your wife is experiencing severe hardship that you have not mentioned.)

[Done--Really 331]

Go here--they are the experts on your problem

http://immigrate2us.net/forum/forum.php

[Brother Hesekiel 2,236]

Agreed.

Your timeline makes my head spin. Try to get it down in a simple, chronological order.

And,while you're at it, write down what was written into your passport when you were refused entry. It most likely will contain the number 212.

[Jojo92122 1,924]

To get this straight;

You lived in the US illegally.

You worked in the US illegally.

You lied to try to gain entry into the US. The lie was discovered and you were refused admission into the US.

This is what is going to happen if you want to immigrate to the US.

Your wife will file an I-130 for you.

The I-130 will be approved.

You will file Form DS-230 for an immigration visa.

Your immigration visa application will most likely be rejected because you lived in the US illegally, you worked in the US illegally, and you lied in an attempt to gain entry to the US.

Your wife will have to file a waiver showing an extreme hardship to her or your children.

If the waiver is granted, you can immigrate to the US.

If the waiver is rejected, you will be bar from entering the US for at least 10 years because you were illegally living in the US for over a year. The ban may be longer because you lied in your attempt to enter the US.

You need professional legal help; you need a lawyer. The waiver is not simple. The risks are too high for you to rely on a bunch of internet amateurs.

Edited April 4, 2011 by Jojo92122

[Deputy Purple 1,294]

Sep 2000 Canadian met USC while attending Formula One Race in Indianapolis.

Jan 20?? Married in Whistler Canada, UCS wife becomes a "Landed Immigrant".

Nov 2007 Daughter is born.

May 2008 Family moves to Arizona and starts a B&B Business.

Feb 20?? Second child is born.

Feb 2009 Canadian returns to Canada for 1 week work contract. Re-entered the US same month.

Feb 2011 Canadian returns to Canada for 1 week work contract again.

Most recently Canadian tried to re-enter the US saying that he was going down for a one day trip with a friend, got caught lying and was removed after 8 hours in interview.

Could you perhaps edit your comment so all the dates are correct? It is a little confusing :-)

No, you should never have moved to the USA in the first place. You need to recognise that, and recognise that your position is a difficult one and made even more difficult potentially because you lied at the border, although I am not sure how much extra difficulty that adds.

It's hard to tell but the OP is probably facing a 10 year ban for the overstay (Feb 2009 to Feb 2011) and possibly lifetime ban for Material Misrepresentation (depending on what was revealed in the 8 hours of aggressive interviewing). I wonder if they bother to him him up for working illegally (operating a business or at least working for his wife's B&B) while in the US also.

Definitely an uphill battle even with a lawyer. Can't really tell just how bad it is without the info stamped/written in the OP's passport and any documents they gave him when he was released from custody.

It is probably much easier for your family to relocate back to Canada to be with you.

Edited April 4, 2011 by Bob 4 Anna

[canadian1971 0]

Sep 2000 Canadian met USC while attending Formula One Race in Indianapolis.

Jan 2001 Married in Whistler Canada, UCS wife becomes a "Landed Immigrant" about a year later.

Nov 2007 Daughter is born in Canada.

May 2008 Family moves to Arizona and starts a B&B Business.

Feb 2010 Second child is born. (A boy)

Feb 2009 Canadian returns to Canada for 1 week work contract. Re-entered the US same month.

Feb 2011 Canadian returns to Canada for 1 week work contract again, then tries to re-enter the US saying that he was going down for a one day trip with a friend, got caught lying and was removed after 8 hours in interview.

I was given a "Notice of Alien Romoved/Departure Verification" where I was assigned a 5 year ban.

I was also given a "Notice and Order of Expedited Removal" where I was accused of sections:

212(a)(6)©(i) which I believe to be fraud.

AND

212(a)(7)(A)(i)(I) which I believe to be insufficient documentation.

I do understand that after my interview at the consulate, that I will most probably have to file for a I-601 waiver and will have to prove "Extreme Hardship" to my wife and two children.

There are a few good points on this:

Our daughter will be receiving her US citizenship here soon and will be on my petition. She is three years old and attends special school in our hometown due to her lack of speach, moving her would not be good at all. There is also the business which cannot be sold promptly, that would mean financial hardship, and my wife is not doing well, that would be mental hardship.

I have consulted with a few lawyers and unfortunately, I do not have the funds to pay $10 000 at this time...

Timeline.rtf

[canadian1971 0]

To get this straight;

You lived in the US illegally.

You worked in the US illegally.

You lied to try to gain entry into the US. The lie was discovered and you were refused admission into the US.

I guess that is pretty much what I did.

[canadian_wife 1,820]

Has your wife started any paperwork?

You have an expedited removal, which you may need an I212 to overcome

Laural Scott is an experienced, expert immigration attorney that offers free advice on chat on Wednesdays, find her and see what you need.

You'll need a qualified immigration attorney to sort out the I601.

Good luck

What 'lie' did you tell at the border?

[Done--Really 331]

Please go to this website--almost everyone there has problems like yours, and most much, much worse. They will help--they will bend over backward to help. VJ is a wonderful place with wonderful people, but you need to be

HERE:

http://immigrate2us.net/forum/forum.php

Laural Scott has a link at that website, and yes, you need her free chat, and much more important, a private consultation which only costs a couple hundred $$.

Edited April 4, 2011 by magical

[canadian1971 0]

Please go to this website--almost everyone there has problems like yours, and most much, much worse. They will help--they will bend over backward to help. VJ is a wonderful place with wonderful people, but you need to be

HERE:

http://immigrate2us.net/forum/forum.php

Laural Scott has a link at that website, and yes, you need her free chat, and much more important, a private consultation which only costs a couple hundred $$.

I have been to that website, have read quite a few posts and have spent plenty of time reading up there. I have also done a 1 hour phone consultation with a very qualified immigration, the secretary of the IILA to be exact. It really did not help me that much, and I really feel I wasted $200... I also tried to register for that website, I have yet to be "approved"...

Perhaps Ms. Scott may be the way to go, but I do not have the $10K required. I may have to chance it myself...

Edited April 5, 2011 by canadian1971

[canadian1971 0]

Has your wife started any paperwork?

You have an expedited removal, which you may need an I212 to overcome

Laural Scott is an experienced, expert immigration attorney that offers free advice on chat on Wednesdays, find her and see what you need.

You'll need a qualified immigration attorney to sort out the I601.

Good luck

What 'lie' did you tell at the border?

Paperwork has not yet been started. (I wanted to wait and see if was going to do the process with a lawyer) Will start the I-130 this week.

At the border, I said that I was going to the US to ski for the day.

[canadian1971 0]

To get this straight;

You lived in the US illegally.

You worked in the US illegally.

You lied to try to gain entry into the US. The lie was discovered and you were refused admission into the US.

This is what is going to happen if you want to immigrate to the US.

Your wife will file an I-130 for you.

The I-130 will be approved.

You will file Form DS-230 for an immigration visa.

Your immigration visa application will most likely be rejected because you lived in the US illegally, you worked in the US illegally, and you lied in an attempt to gain entry to the US.

Your wife will have to file a waiver showing an extreme hardship to her or your children.

If the waiver is granted, you can immigrate to the US.

If the waiver is rejected, you will be bar from entering the US for at least 10 years because you were illegally living in the US for over a year. The ban may be longer because you lied in your attempt to enter the US.

You need professional legal help; you need a lawyer. The waiver is not simple. The risks are too high for you to rely on a bunch of internet amateurs.

Here is the one thing that I have a great difficulty wrapping my head around...

One could live and work illegally in the US, stay there illegally, then file for an adjustment of status from within the US. Immigration law absolves the person of these illegalities.

Conversely, if one exits the country, tries to get back in, then all cards are off the table.

Makes ZERO logical sense...

Edited April 5, 2011 by canadian1971

[Sweetcheeksss 91]

Just my opinion but I think at this stage of your process, with your entire future happiness, family, life on the life you should NOT attempt to maneuver this journey alone. I once read a quote "If your wife was pregnant and about to deliver, would you trust her medical care to a mechanic?" (sorry, that's a paraphrase) My point is, you have many complications to overcome, please at least consider a consultation with a qualified immigration attorney. I retained Laurel Scott, worth every cent I paid because I'm home with my husband, w/o her, I'd still be back in Canada. Good luck with everything.

[NigeriaorBust 4,087]

Here is the one thing that I have a great difficulty wrapping my head around...

One could live and work illegally in the US, stay there illegally, then file for an adjustment of status from within the US. Immigration law absolves the person of these illegalities.

Conversely, if one exits the country, tries to get back in, then all cards are off the table.

Makes ZERO logical sense...

It actually makes sense. There isn't enough manpower to send people out to interview random people to see if they are in compliance with the law. So they leave the task to immigration inspection. When you want to come back in then they check their computers for past sins and issue punishment based on those sins. Many people that are immigration sinners just keep their heads down and try to stay under the radar. You didn't. You mention YOU are having financial hardships. Immigration does give a flip about your hardships. You can lie in a pool of sewage and that is fine as it isn't the US's issue to care about you. It is your wife they care about. Unfortunately for you hardship waivers are rougher for countries like Canada as part of the proof has to be that your wife can't move there. Your daughters medical condition may help with that case but the fact your wife has lived there before shows that it isn't impossible. You are looking at quite a while before you are able to return to the US .

Edited April 5, 2011 by NigeriaorBust