Am I Going To Get Banned?

[UrsulaWizard 1]

So here's the deal...

I met my fiancé a little over 5 years ago here in Canada where I live. We began talking on the phone and whatever. I went to visit him in the USA for a week or so. Went back a few months later for another week or so, did this I dunno maybe 3-4 times. We decided it would be nice to spend more than a week together so I quit my job and went to the USA for 6 months as a visitor without a visa. After the first 6 months I went home for a week and (unknowing it wasn't allowed) returned for another 6 months, went home for a week, came back for 6 months, went home for a week, back for 6 months. Anyways I did that for almost 4 years. I was not working and was never questioned at the border about this and was never told I wasn't allowed to do this. So a little over a year ago I came home for a few weeks and when I tried to go back the customs officer informed me I hadn't be following the rules and that he didn't think it was a good idea to let me back into the USA. He told me he was not banning me from entering the USA, but only denying my entry for that day. I was free to request entry after that whenever I wanted. He suggested that I needed to either show proof of my ties to Canada by providing work information or a lease or something like that. He also said we (my boyfriend and I) think about getting married.

Fast forward a year, we are now engaged and my K1 interview is next week (march 22). I just found out today from reading this forum that apparently if you were in the USA for longer than you should have been your visa is automatically denied because you would have been banned from the USA whenever the last time you went over the border was. I'm really freaking out about this because if I do fall under that category I will be facing a ten year ban.

Anyways anyone been in the situation? Any advice? Thanks!

[Harpa Timsah 13,258]

Unless I am missing something, you have stayed zero days illegally. You entered under the terms of the Canadian visitor program, and stayed your allotted 6 months. Surely, you were abusing the privilege, but you did follow the terms of each entry. Did you ever stay longer than 6 months?

[UrsulaWizard 1]

I never stayed longer than 6 months at one time. I just didn't know then that you aren't supposed to do it more than once a year I guess. You know how it is waiting for your interview, thinking of everything that could go wrong

I'm holding onto the fact the customs officer specifically told me he was not putting a ban on my passport, just a one time entry denial, until I could provide proof that I wasn't trying to illegally immigrate.

Thanks for the reply

[mugumogu 18]

I never stayed longer than 6 months at one time. I just didn't know then that you aren't supposed to do it more than once a year I guess. You know how it is waiting for your interview, thinking of everything that could go wrong

I'm holding onto the fact the customs officer specifically told me he was not putting a ban on my passport, just a one time entry denial, until I could provide proof that I wasn't trying to illegally immigrate.

Thanks for the reply

Is there a code written in your passport? If you had a ban from entering the US, you would know it by now.

[Harpa Timsah 13,258]

I never stayed longer than 6 months at one time. I just didn't know then that you aren't supposed to do it more than once a year I guess. You know how it is waiting for your interview, thinking of everything that could go wrong

I'm holding onto the fact the customs officer specifically told me he was not putting a ban on my passport, just a one time entry denial, until I could provide proof that I wasn't trying to illegally immigrate.

Thanks for the reply

The 180 days in a year is a general rule, but if they kept giving you 6 month entries (which they do by admitting you in your case as a Canadian) then there shouldn't be a problem. It's their error, not yours.

[L+T 71]

So here's the deal...

I met my fiancé a little over 5 years ago here in Canada where I live. We began talking on the phone and whatever. I went to visit him in the USA for a week or so. Went back a few months later for another week or so, did this I dunno maybe 3-4 times. We decided it would be nice to spend more than a week together so I quit my job and went to the USA for 6 months as a visitor without a visa. After the first 6 months I went home for a week and (unknowing it wasn't allowed) returned for another 6 months, went home for a week, came back for 6 months, went home for a week, back for 6 months. Anyways I did that for almost 4 years. I was not working and was never questioned at the border about this and was never told I wasn't allowed to do this. So a little over a year ago I came home for a few weeks and when I tried to go back the customs officer informed me I hadn't be following the rules and that he didn't think it was a good idea to let me back into the USA. He told me he was not banning me from entering the USA, but only denying my entry for that day. I was free to request entry after that whenever I wanted. He suggested that I needed to either show proof of my ties to Canada by providing work information or a lease or something like that. He also said we (my boyfriend and I) think about getting married.

Fast forward a year, we are now engaged and my K1 interview is next week (march 22). I just found out today from reading this forum that apparently if you were in the USA for longer than you should have been your visa is automatically denied because you would have been banned from the USA whenever the last time you went over the border was. I'm really freaking out about this because if I do fall under that category I will be facing a ten year ban.

Anyways anyone been in the situation? Any advice? Thanks!

A family friend from Brazil was visiting me (who held 4 years left on 10 year tourist visa)... She stayed 6 months, flew home 1 week at christmas, came back, after about 4 months into second trip, applied extension via paperwork in allowed time (at a cost of around $300)... and 7 months into the second trip finally got approval via post mail for second (or third if you will) six months. Don't think this is a problem if they let you do it...

[JimVaPhuong 4,863]

Courts use a term called "presumption of regularity" in cases like these. This means that, lacking any evidence to the contrary, they are allowed to presume that an agent acting on behalf of a US government agency (a CBP officer, in this case) followed normal and regular procedures each time you were admitted to the United States.

The presumption of regularity is so strong that courts have determined that people were lawfully admitted when they were clearly not eligible to be admitted. I was reading about a case last week where a Mexican national had left the US after a long overstay. She should have triggered the 10 year ban when she left, but she returned to a land border crossing a few weeks later riding in the passenger seat of a car driven by a US citizen. The CBP asked the driver a few questions and also asked the driver for ID, but asked nothing of the passenger. They were waived through. The Mexican national subsequently married a US citizen and applied for adjustment of status. USCIS claimed she should have been banned, and the fact that she wasn't questioned at the border meant she wasn't actually inspected. The court disagreed citing "presumption of regularity". She presented herself at the border in the customary fashion, and the fact that the CBP officer used his discretion not to talk to her did not mean she was not lawfully admitted. She got her green card.

Anyway, in this case there's no strict inadmissibility rule. The OP didn't violate any immigration laws by entering multiple times for extended visits, without overstaying her authorized stay, and with only briefs absences from the US. As long as she crossed into the US using the normal procedures then the "presumption of regularity" applies.

[UrsulaWizard 1]

Thanks guys! You've been so much more helpful than the ####### I paid to help with this process. He basically called me an idiot and was shocked that I would believe anything I read online. Even though I read it on government websites. Anyways. I'm going to be honest if questioned about my travel history and hope for the best. I have to go to the interview alone but I feel a little better knowing you guys are all in it with me I wish I'd found this website a year and half ago!

[Witherwings 2]

They should not question you about it. Especially since you never overstayed the 6 months. I am in the same boat right now. My fiancé and I have a 2 year old together who was born in the us with him. I have never even come close to overstaying 6 months on one entry but back in January I was denied entry to the us due to lack of ties to Canada. That motivated us to get the k1 going.

Most likely they'll only ask you questions they already know the answer too. They shouldn't ask you anything about your travel history and entry denial. I looked into this because I have been denied, and a entry denial will not affect your visa application.

I was under the impression that you technically were allowed to do what you did. I stayed in the us for 1 or 2 months then came back for a week then returned to the US.. never had a problem till that denial 2 months ago...

Good luck to you fellow Canadian!!!

[UrsulaWizard 1]

Thanks witherwings! I'll post next week after my interview and let everyone know how it went and if they asked about my travel history.

[jac_chappin 24]

Good luck OP! Looks like you won't have any problems.

Best wishes!

[Kathryn41 3,205]

Good luck. Yes, be sure that you do answer any questions truthfully as right now there isn't anything illegal in your circumstances, but any sort of misrepresentation will cause you problems.