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Immigrant Waiver for overstay for a Canadian

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Flames9_RN Grand Master

Flames9_RN   358

Posted
Filed: IR-1/CR-1 Visa Country: Canada
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Hi Everyone,

Are there any Canadians out there who's IMMIGRANT visa was denied because of previous overstay in US and are in need of a waiver?

Do not recall any of these on the Cdn forum! I know quite often they ask at the interview if you have ever been denied entry or banned! As well you have to list as best as you can the times you have been to the USA. If you have any doubts, have the waiver ready to go when ur at the interview.....Hopefully you won't require it.

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

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!!! Rookie

!!!   0

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Filed: Other Country: Canada
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Do not recall any of these on the Cdn forum! I know quite often they ask at the interview if you have ever been denied entry or banned! As well you have to list as best as you can the times you have been to the USA. If you have any doubts, have the waiver ready to go when ur at the interview.....Hopefully you won't require it.

Thank you for your reply.

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Kathryn41 Grand Master

Kathryn41   3,205

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Filed: Citizen (apr) Country: Canada
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Posted (edited)

Are you in the US or in Canada?

The I-130 isn't a visa, btw. It is a petition to sponsor a family member and the first step in bringing a family member to the US or them being allowed to apply for a green card.

If your spouse is in the US and has not left since you were married, he/she can apply for the green card along with the I-130 (if you have already filed the I-130 you will need to wait until you get the receipt and then file the I-485 Adjustment of Status application with a copy of the receipt)..

If your spouse is not in the US, then the Il130 may well be approved, but the CR-1 Visa - the actual visa that is used to enter the US with a green card - will be denied if there is an overstay in the US that is longer than 6 months. That situation would require a hardship waiver.

So, if your spouse is in the US right now, make sure he/she does not leave the US before he/she gets the green card. Once the green card is approved any previous out of status time is forgiven - but not before.

Edited by Kathryn41

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

.― Lucy Maude Montgomery, Anne of Green Gables

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