Waivers (I-192/I-212)

[Nando1057 0]

Hello everybody. I'm new here. I am Colombian citizen living in Canada with a Protected Person Status. I am currently in the process of becoming a permanent resident.

Before coming to Canada in 2011, I lived in the USA and was given voluntary departure in 2004 but never left. (I was an asylum claimant). I Married with a Colombian girl who

Was given asylum in 2005 thru her fathers claim. We submitted petitions (she claiming me in her asylum) but were all denied. She received a letter in July 2010 stating that her asylum

Had been terminated because at the time she married me (20 years old) she was not a minor anymore and had no benefit from her fathers claim. Hired a lawyer to start a new asylum claim

But the hearing kept postponing and we decided to come to Canada. Our claim has been approved here and we are currently waiting for our permanent residence.

The situation is that all our family lives in USA and we would love to visit. This past weekend we went to the border (as recommended in the Toronto Consulate) to report

Our previous departure from USA. The agent that helped us was a little confused with our case but said I needed a I-192 and I-212 waiver because of a ban of 10years while my

Wife only needed I-192 but he wasn't 100% sure.

My question is, if we apply for a tourist visit in the Toronto Consulate, will they give us the waivers at that moment or we have to submit these applications separately and how?

We have no criminal record. Paid taxes while in the USA. We tried to exhaust all resources to stay legal in the USA. We are not looking to live there, just visit our

Families from time time. Thanks for your help......

Edited March 25, 2013 by Nando1057

[Boiler 46,124]

Short Version

I would anticipate that your families will be the ones visiting you in Canada for a very long time.

[Nando1057 0]

Short Version

I would anticipate that your families will be the ones visiting you in Canada for a very long time.

Does your answer mean that it is a lost cause and we are wasting our time?

[Boiler 46,124]

Correct

[belinda63 3,047]

Yes, you agreed to leave the country in 2004 and made a decision not to do so but to continue to live in the US for seven more years without a legal right to do so. Why should the US government trust you this time?

Edited March 25, 2013 by belinda63

[Nando1057 0]

Yes, you agreed to leave the country in 2004 and made a decision not to do so but to continue to live in the US for seven more years without a legal right to do so. Why should the US government trust you this time?

I understand that my personal case is more complicated. How about my wife? We believed she never stayed illegally since she was an asylee and then she applied for her own claim and left

The country before even having a hearing.

We have stablished our life's in Canada and we can demonstrate it. How do we send this waivers applications? Do we do it in conjunction with the visitors visa or it has to be separate?

Thanks again for your time and responses...

[Nando1057 0]

Yes, you agreed to leave the country in 2004 and made a decision not to do so but to continue to live in the US for seven more years without a legal right to do so. Why should the US government trust you this time?

I understand that my personal case is more complicated. How about my wife? We believed she never stayed illegally since she was an asylee and then she applied for her own claim and left

The country before even having a hearing.

We have stablished our life's in Canada and we can demonstrate it. How do we send this waivers applications? Do we do it in conjunction with the visitors visa or it has to be separate?

Thanks again for your time and responses...

( in response to why I stayed after having voluntary departure was because my life was at risk if I was to return to my home country. My claim was denied because I did not file on time and was not counseled properly after this process. I chose to stay because I feared for my life and the Goverment of Canada ratified my claim by approving it)

[Boiler 46,124]

She would apply for a visa, B2, at the US Consulate.