Possible Inadmissible?

[blair9194 0]

Hi guys,

In 2010, something prompt my departure from my home country. At age 16, I was sent to Canada to file a refugee all by myself. The problem is that I had a visitor visa for USA but didn't have any proper documentation (ie student visa, tourist visa, work permit ) to enter Canada. I went to USA with proper documents just to be smuggled from USA to Canada. Now I'm wondering, the USA knows I entered their country with proper documentation, but do they happen to know I left their country 2 days after? or do they think I'm still in their country, so they think I went underground? Therefore now I'm " illegal " ?? therefore being "inadmissible " ? I'm very worried right now because I wanted to come with a student visa to USA but was worried they issued me an "inadmissibility " order, therefore my student visa will be rejected? Please if anyone knows anything about this it will be very much appreciated Thanks in advance..

[Stephen + Elisha 92]

Did you turn in your I-94 when you left the US? If so, there should be a record of your departure. In that case, your US immigration record should be clear: you entered on a valid visitor visa, and departed within the period of authorized stay.

If you did NOT turn in your I-94, you may have a problem. If you left the US by air or ship, there may still be a record of your departure since international carriers provide passenger manifests to CBP. But if you just crossed the border, there may be no record of your departure and there may be an issue, in which case you'd have to provide some kind of documentation proving that you did depart within your authorized period of stay.

The following link may be of assistance: https://help.cbp.gov/app/answers/detail/a_id/752/~/i-still-have-my-i-94

Edited November 29, 2012 by Stephen + Elisha

[blair9194 0]

Did you turn in your I-94 when you left the US? If so, there should be a record of your departure. In that case, your US immigration record should be clear: you entered on a valid visitor visa, and departed within the period of authorized stay.

If you did NOT turn in your I-94, you may have a problem. If you left the US by air or ship, there may still be a record of your departure since international carriers provide passenger manifests to CBP. But if you just crossed the border, there may be no record of your departure and there may be an issue, in which case you'd have to provide some kind of documentation proving that you did depart within your authorized period of stay.

The following link may be of assistance: https://help.cbp.gov/app/answers/detail/a_id/752/~/i-still-have-my-i-94

[blair9194 0]

Unfortunately, I was smuggled by car, but from what I'm reading on the link you posted, I think I can prove my departure.. I have the Canadian immigration files, with dates that prove I left way before my visitor visa from US expired, I also have the ticket from my departure from Canada ( when my refugee claim was rejected) so that can prove that I wasn't in USA all the time, would all these papers from Canadian immigration be helpful at all? I also have rent receipts from Canada, a High School Diploma, I have all these..

[Stephen + Elisha 92]

I'm not an expert, but I would think the key evidence would be anything that shows you departed the US within your authorized period of stay (the date stamped on your I-94 and/or your passport). The link I posted states you can also submit an explanatory statement along with (not instead of) your evidence, but I'm not sure how advisable it would be to explain to them that you were just passing through the US as a means of gaining entry without inspection to Canada. You probably want to tread carefully here, and beyond following the CBP instructions you may want to consult an immigration lawyer to advise you on just what you should submit. In any case, you'll want to submit your evidence of lawful departure prior to applying for any visa abroad so your record will be clear.

[TBoneTX 45,329]

*** Thread moved from Waivers forum to General Immigration Discussion -- OP is not at the stage of having to file a waiver. ***

[Brother Hesekiel 2,236]

You will apply for an F-1 visa and bring with you proof to the interview when you arrived in Canada and that you have been living there ever since. Pretty simple, actually.

[blair9194 0]

You will apply for an F-1 visa and bring with you proof to the interview when you arrived in Canada and that you have been living there ever since. Pretty simple, actually.

[blair9194 0]

Apply for an F-1 visa? What's that visa for. Would they care if I was a failed refugee claimant in Canada? Would that even Matter for them? Also, are you saying that I don't need to send the proof to the adress where they correct your records ( ie the adress written in the link stephen+elisha posted) before even applying for the student visa to go to US?

[hmh33 117]

The F-1 visa is the student visa. (J-1 is another visa sometimes used for students in certain cases). I think you're going to be fine, but you should consult an experienced U.S. immigration lawyer to make sure you file/say the right things.

[Sandra G. 5,048]

Minor under the age of 18 does not accrue unlawful presence and it seems you got in Canada under the age of 18 then just bring you with you some proof when you got in Canada, maybe some documents from the high school, and JUST explain the whole order if they question you about it,of course mention your 2 days stay in the USA.Good luck.