GC Holder being denied entry? Semi-complicated situation

[canuck2011 0]

I'm really hoping someone can provide some advice for me. I'm pretty desperate and very stressed. I have a bit of a situation and am trying to find out if my mom being banned from the US and some statements she made would have an affect on my own admission to the US and future consequences for her.

My situation: I am a Canadian citizen living in the US with a conditional GC good for two years, I received it less than a year ago.

My mom's situation: She only has Canadian citizenship. She was refused entry and banned from coming when she flew by herself into San Francisco because she overstayed a previous visit by more than 12 months. She said she didn't know that she overstayed since there was no I-94 or date stamped onto her passport but they said ignorance is not an excuse. They questioned her for several hours and even quizzed her about my dad's previous visits to the US and inquired about where I was. I think she got really scared, she said the immigration agents were very threatening and kept on telling her that they will throw her in jail. She wasn't thinking straight and when they asked her about where I was, she told them that I was in England even though I am in the US.

I am suppose to go on a vacation to Mexico next week but now I'm worried that if I go in and out of the country for a week it may have some sort of negative consequence. Am I now red flagged and would there be a chance, even a remote chance that I may be denied entry or anything else because of my mom's statements about me being in England? Since my mom told them I am in England, they will clearly know that is not the case when I return from Mexico, also I'm just worried this may have a further consequence for her if we try to apply for a waiver of her ban and later apply for a GC when I become an US citizen.

[canadian_wife 1,829]

You are not responsible for your mother's actions. She lied, you didn't. If asked about it simply tell them the truth...that you were not aware of the lie until after it had happened - but you were not in England, you were in the US.

You didn't do anything wrong. They shouldn't take it out on you when it was your mother who lied and recieved the ban

Good luck

[canuck2011 0]

You are not responsible for your mother's actions. She lied, you didn't. If asked about it simply tell them the truth...that you were not aware of the lie until after it had happened - but you were not in England, you were in the US.

You didn't do anything wrong. They shouldn't take it out on you when it was your mother who lied and recieved the ban

Good luck

Do you think I'm now red flagged? Will they pull me aside to question me when I return? Right now, I don't know if they know she lied or not and if I show up from Mexico, it will just confirm that I wasn't in England and I don't want to further make things worst for her status.

[canadian_wife 1,829]

Ok, so they confirm you weren't in England...then what? You didn't do anything wrong. You are allowed to NOT go to England but go to Mexico. You didn't lie, your mother did - nothing you can do about that now

If asked, simply tell the truth

Good luck

[stronger 43]

I highly doubt that they have your greencard number connected with her entry to the US. they just want to be sure she wasn't planning on coming here and staying forever. You should be fine. don't worry.

[Brother Hesekiel 2,236]

When your mother left the US after an overstay of more than a year, she triggered the 10-year bar. She won't be able to visit you again until at least 2020 or 2021, whether you are a US citizen or not. I'm not sure about Canada, as Canadians have a special status when it comes to visits, but my educated guess is that your mom will never be able to visit you again, even after the bar has been served, based on her overstay and documented immigration intent.

Taking Canada out of the equation, let's say your mom were from the United Kingdom. She triggered the 10-year bar which also would make her ineligible to use the VWP and would require her to apply for a B2 once the bar has been served. Since every application for a visitor's visa will be evaluated based on its own merit, I am fairly sure that the Consular Officer would deny it, not based on the previous overstay per se, but based on you, her son, being a US citizen (by then) and her ability to adjust status once admitted to the US. As a Brit, the only way your mom would be able to enter the US again is via an immigrant visa based on your I-130 petition.

Again, I'm not sure in how far Canadians will be able to circumvent that.

It's not your fault if your mom stated that you are in England, but be prepared to be questioned about that. They might have a look at your passport, but since you are allowed to travel at your heart's desire, whether it's England or Mexico, I don't see really the point here.

[JimVaPhuong 4,863]

I'm really hoping someone can provide some advice for me. I'm pretty desperate and very stressed. I have a bit of a situation and am trying to find out if my mom being banned from the US and some statements she made would have an affect on my own admission to the US and future consequences for her.

My situation: I am a Canadian citizen living in the US with a conditional GC good for two years, I received it less than a year ago.

My mom's situation: She only has Canadian citizenship. She was refused entry and banned from coming when she flew by herself into San Francisco because she overstayed a previous visit by more than 12 months. She said she didn't know that she overstayed since there was no I-94 or date stamped onto her passport but they said ignorance is not an excuse. They questioned her for several hours and even quizzed her about my dad's previous visits to the US and inquired about where I was. I think she got really scared, she said the immigration agents were very threatening and kept on telling her that they will throw her in jail. She wasn't thinking straight and when they asked her about where I was, she told them that I was in England even though I am in the US.

I am suppose to go on a vacation to Mexico next week but now I'm worried that if I go in and out of the country for a week it may have some sort of negative consequence. Am I now red flagged and would there be a chance, even a remote chance that I may be denied entry or anything else because of my mom's statements about me being in England? Since my mom told them I am in England, they will clearly know that is not the case when I return from Mexico, also I'm just worried this may have a further consequence for her if we try to apply for a waiver of her ban and later apply for a GC when I become an US citizen.

Did you come to the US with your mom when she overstayed? Did you also overstay? Did you get your green card through an immigrant visa, or did you adjust status in the US?