Am I an ILLEGAL alien?!

[grrrrreat 109]

The point was about CBP not about running into ICE for some reason. If you for some reason ended up in the hands of ICE I would contend that indeed you would end up in deportation process. But the statement was in regards to CBP and a border officer determining you had previously overstayed and as such could not enter. That is what I was referring to...they would have no way of knowing there was a previous overstay.

Sorry I get you. Yes, Canadians who aren't maintaining their visitor status anymore are subject to removal. But CBP would ordinarily let them go upon learning they are eligible to adjust status, and simply order them to do that. That is what an immigration judge would do too if they made you show up for removal proceedings.

If all else fails, you can file an application to adjust status directly with the immigration judge and have him adjudicate it. No one who is able to adjust should be removed.

[Removed-02242014 19]

Don't feel bad ... most Canadians feel like aliens in this country ... AYE?

[newlyweds2010 208]

So you married in the US, then traveled abroad, then reentered the US without a green card or AP, and now you are adjusting status. Does this even work?

[jdh 103]

So you married in the US, then traveled abroad, then reentered the US without a green card or AP, and now you are adjusting status. Does this even work?

Sure it is...it is technically what my wife and and I did. And we adjusted with no problems, not even a question.

We got married, went to Canada for five years where she maintained visitor status and then we crossed over to the States with no definitive plan of any kind once we made the decision to stay we adjusted status.

We were, or rather I was, quite heavily questioned at the border the last few times we crossed but that is irrelevant once they deem you eligible for entry.

Edited June 29, 2012 by jdh

[newlyweds2010 208]

Sure it is...it is technically what my wife and and I did. And we adjusted with no problems, not even a question.

We got married, went to Canada for five years where she maintained visitor status and then we crossed over to the States with no definitive plan of any kind once we made the decision to stay we adjusted status.

We were, or rather I was, quite heavily questioned at the border the last few times we crossed but that is irrelevant once they deem you eligible for entry.

No need for a CR1/IR1...why did they even create this useless category of visas, those silly Americans.

[bigdog 376]

Good Luck with the process.

[Neonred 3,600]

No need for a CR1/IR1...why did they even create this useless category of visas, those silly Americans.

Exactly. So why would a Canadian ever want to do a CR1?

And will it be a TOS violation if we suggest this to Canadian VJers?

[Bule&Cantik 8]

Why are Canadians allowed to enter and adjust and everyone else remains separated doing paperwork?

[jkb11 26]

Exactly. So why would a Canadian ever want to do a CR1?

To reduce the costs by a few bucks And not to risk abandoning AOS when they leave the US before receiving AP

Why are Canadians allowed to enter and adjust and everyone else remains separated doing paperwork?

Cause they're NAFTA. And they don't need visas. And many other reasons. Probably

[bsd058 296]

Why are Canadians allowed to enter and adjust and everyone else remains separated doing paperwork?

Cuz we're their favorite (favourite).

Edited June 30, 2012 by bsd058

[bsd058 296]

Exactly. So why would a Canadian ever want to do a CR1?

And will it be a TOS violation if we suggest this to Canadian VJers?

I'm almost positive it would be a violation. VJ only supports immigrating without means of fraud (ie. without telling CBP lies about visiting when really it's your intention to stay). Canadians can still get into trouble for that. And VJ might lose its street cred if it goes rogue and tries to advocate dishonesty in immigration. It's too much of a risk.

[dwheels76 5,468]

Cuz we're their favorite (favourite).

LOL this is the best response.

[bsd058 296]

To reduce the costs by a few bucks And not to risk abandoning AOS when they leave the US before receiving AP

Cause they're NAFTA. And they don't need visas. And many other reasons. Probably

I know for me personally, the reason I am going the CR-1 route is because it is the only legal way I know how. If I were to enter and we just decided to stay last minute I might change to AOS, but I don't think that'll happen because of reason number 2, that is I need to be able to work while I wait to get the visa. I would have to take 3 months off to wait for EAD and my wife and I just could not afford that.

It has nothing to do with the North American Free Trade Agreement. That's more about people working in certain occupations in the US who are from Canada.

We're just treated differently because of our relationship with the US. It's something that doesn't exist between other countries. Could be because much of Canada has ancestors from America and England. Canadians in Canada's early years were really just loyalist Americans (Americans who were offered land by England in exchange for allegiance to the British monarchy). As the years went by we kept our identity as Canadians after of the war of 1812. Afterwards, when we became sovereign with our constitutional monarchy, we eventually became very similar nations. Although we had different views on the monarchy, none of that means anything today, because Canada, while not being a democracy (we are called a constitutional monarchy) still offers a democratic way to vote for leaders and create laws, etc..

Anyways, because of our close proximity and similar economies and societies, we are seen as a low threat and as great friends with the US. Closer than any other two nations.

[bsd058 296]

LOL this is the best response.

haha. I thought this might produce some laughs.

[jdh 103]

The USA is not a democracy either. They are a republic...quite a different thing...just an FYI.

Being able to come over and adjust our status without an I-94 ect does not preclude us from being required to follow the law. In other words we cannot lie at the border about our intentions.

So would it be a violation of TOS to recommend it to all Canadians? Yes...because it is not the route for all Canadians. It is only an option for those that have come here and decided after entry to stay. That same thing applies to all those who AOS regardless of country...