waivers 192 & 212 or 601 for Canadian (with US citizen relative)

[onemoremen 0]

I am a Canadian citizen and overstay in USA for 4 year.

My daughter a USA citizen decide to file 130 and adjustment of status for me at 2015.She sign all forms and were ready to send it to USCIS but:

Lawyer from Princeton recommend me to drive out from USA and come back to “restart the clock” - for quicker respond .

I did that and get denied entry into USA in 2015. Get 5 year ban from re-entry to USA. (212 (a) 7 (a) ii)

Did apply form 192 and 212 as a Canadian Citizen year ago. No answer yet (From CBP I get respond like :

“Your application is on file with the Admissibility Review Office. It is currently pending further review. Due to the individual circumstances of each waiver application, there is not a set timeframe to give as to when an application decision will be completed.”)

Its look like I need to stay in Canada 4 years more ., and no way I can cut that time down .

But after 5 year, because of my 4 years overstay, I’m still can’t come back to USA , because the law said- “anyone

who overstay more then a year , can’t come in 10 years time frame.”

Can someone tell me if I can come or why I can not come back to USA quicker then 5-10 year?

If any legal way exist of course . I can’t file 601 hardship- it wouldn’t be accepted, I think, because normal hardship exist , but not a medical/health hardship.

What is the best case scenario for me. I heard that if I apply 601 form after 5 years , I do not need to show any hardship.

[zkt101 38]

First of all, your lawyer screwed you big time for recommending you to leave the U.S having known you overstayed your visa. Had you stayed and adjusted your status, you would have become a legal permanent of the US.

Unfortunately, there is no waiver for you to overcome your 10 year ban, which was automatically triggered once you left the US.

[Hypnos 6,578]

Your lawyer gave you moronic advice by advising you to leave the US. As an immediate relative of a US citizen you would have been eligible to concurrently file I-130 and I-485 applications and should have been able to AoS without any issue. You of course were going to be barred for ten years for the overstay, regardless of what the Princeton lawyer (whose degree is apparently not worth the paper it's printed on) told you.

You are barred until ten years have passed from the day you departed the US.

Unfortunately, only an LPR/US citizen spouse or parent can be a qualifying relative to file an I-601 seeking a waiver of your ineligibility based on the overstay. Your daughter does not count.

You have no path other than waiting out the ten years and then seeking an immigrant visa.

Never talk to that lawyer again. He/she is an idiot.

[EM_Vandaveer 2,408]

I am a Canadian citizen and overstay in USA for 4 year.

My daughter a USA citizen decide to file 130 and adjustment of status for me at 2015.She sign all forms and were ready to send it to USCIS but:

Lawyer from Princeton recommend me to drive out from USA and come back to restart the clock - for quicker respond .

I did that and get denied entry into USA in 2015. Get 5 year ban from re-entry to USA. (212 (a) 7 (a) ii)

Did apply form 192 and 212 as a Canadian Citizen year ago. No answer yet (From CBP I get respond like :

Your application is on file with the Admissibility Review Office. It is currently pending further review. Due to the individual circumstances of each waiver application, there is not a set timeframe to give as to when an application decision will be completed.)

Its look like I need to stay in Canada 4 years more ., and no way I can cut that time down .

But after 5 year, because of my 4 years overstay, Im still cant come back to USA , because the law said- anyone

who overstay more then a year , cant come in 10 years time frame.

Can someone tell me if I can come or why I can not come back to USA quicker then 5-10 year?

If any legal way exist of course . I cant file 601 hardship- it wouldnt be accepted, I think, because normal hardship exist , but not a medical/health hardship.

What is the best case scenario for me. I heard that if I apply 601 form after 5 years , I do not need to show any hardship.

WOW. I just want to say I'm so sorry that lawyer gave that advice. That is just horrible.

Unfortunately for the I-601 you need a USC or LPR qualifying relative. For unlawful presence it has to be a spouse or parent. I'm assuming you don't have a USC or LPR spouse or parent? If I'm right about that then you cannot file the I-601 and have to wait out the 10-year ban until 2025 before you can enter.

[newacct 688]

You seem to have two bans right now:

• a 5-year INA 212(a)(9)(A) ban for being "removed" upon arrival. This ends 5 years after your "removal" (the time you were denied entry).
• a 10-year INA 212(a)(9)(B) ban for accruing at least one year of "unlawful presence" and the departing the US. If you have this ban then it ends 10 years after you left the US after your overstay.

There is actually a little more complication with the 9B ban because you're Canadian. Generally one only starts accruing "unlawful presence" by staying past the date on one's I-94; being out of status does not itself mean one is accruing "unlawful presence". However, Canadian visitors may or may not get an I-94 on entry. Sometimes when crossing by land, they do not get an I-94 (and sometimes they do); when flying, they usually get one. Adding to the complexity is that I-94 are now mostly electronic, so you may have gotten an electronic one even if you didn't have a paper one. You could check CBP's I-94 website for any current I-94s, but you generally cannot retrieve I-94s anymore after you leave the US, so the only thing you can get is the "travel history", and I am not sure whether that corresponds to past I-94s.

From the forms you mentioned, you are mixing up several types of things. There are three types of things you could apply for with respect to bans: 1) permission to reapply, 2) nonimmigrant waiver, and 3) immigrant waiver.

• I-212 is to apply for permission to reapply. If approved, it will permanently get rid of the 9A ban if you still have it.
• Nonimmigrant waiver is for if you want to visit as a nonimmigrant. It can waive most types of bans (including 9A and 9B). For someone who needs to apply for a visa, they would apply for this with the consular officer when denied a visa. For Canadians who don't need a visa to visit the US, you would apply for this with I-192 with CBP.
• Immigrant waivers are available for certain types of bans when you want to immigrate. There is no immigrant waiver for the 9A ban. There is an immigrant waiver for the 9B ban, but it requires that you show "extreme hardship" to a USC or LPR spouse or parent if you can't be in the US. Do you have such a relative? (What is the situation with your spouse? Has he/she already immigrated to the US or is he/she planning to immigrate to the US, perhaps petitioned by your daughter?) Immigrant waivers are applied with I-601.

So, to overcome the 9A ban if you want to go within the 5 years:

• If you are visiting as a nonimmigrant, you can either apply for permission to reapply with I-212, or apply for a nonimmigrant waiver with I-192
• If you are immigrating, you must apply for permission to reapply with I-212

To overcome the 9B ban (if you have it) if you want to go within the 10 years:

• If you are visiting as a nonimmigrant, you must apply for a nonimmigrant waiver with I-192
• If you are immigrating, you must apply for an immigrant waiver (if you have a qualifying relative) with I-601

[onemoremen 0]

I did check CBP's I-94 website for any current I-94s. No records find.

My daughter , 25 years old, USA Citizen. Probably I can apply I-601 but...how I can proof hardship?

Also , not sure if its important. I do have a my Mother living in USA. (not a USA citizen, not a perm resident) Who is 80 years old, and

her medical condition can be used as a hardship , but she need to be a perm resident, or USA citizen. She is not.

Do not know, if a step son from first marriage (I'm divorced ) might be used in a hardship letter, because he is in College and need support for 1.5 more year. (He is in USA and Citizen of USA) Also , he were in NAVY for 4 year previously.

Why I never read about similar situation with other people- do not know.

Question: After 5 years , when I filing out 601 form , its don't need to be a hardship anymore. Am I right? Or its a wrong info, and Hardship need to be showing all the time?

I do own a property in NJ. I can't pay for it .Because a Daughter own a property in other state as well. So, its complicated.

We think to apply form I-130 for now. If it approved... probably will wait for respond from 212 (Already applied) .

But it's look like , 601 form need to be used (What I can't send - no hardship )

Can send 601 without hardship evidence, if its help.

Edited July 12, 2016 by onemoremen

[EM_Vandaveer 2,408]

Your daughter is NOT a qualifying relative for I-601. LPR or USC spouse or parent are the only qualifying relatives for I-601 for unlawful presence.

You can't file an I-601 if you don't have a qualifying relative.

[Jawaree 718]

Your daughter cant do a waiver for you on overstay, your mom can

& an affidavit of support by your daughter as co-sponsor when

the time comes, you can apply to CBP at the border with an I-192

& well prepared cover letter along with evidence of strong ties in

your country...a long shot with all the US ties...call atty Heather Poole

[newacct 688]

Why did CBP deny you entry? What did you tell them? or what records did they have about you that caused them to deny you entry?

[onemoremen 0]

They find my USA driver license in own/internal Data Base. After that they request (or find) Data entry from Canadian border.

After that , they compare data from my last enter to USA with my last "showing" in any place (it were Canada border day ago)

The next step, they want me to say everything and sign that. No sleep. No food. Just talking 7 hours at night time.

I did ask about lawyer - they said no. " If I stay quiet - will be more problem": they said to me.

" Also, it might be ban for lifetime" (They say to me as well )

So I do not know , if I did everything in correct way.

I explain to them , that I did exact as my lawyer said.

Better, if I stay quiet-? Because now I understand, that its look like I " try to immigrate" in incorrect way.

But all forms were signed up and notarized in USA that time , and were ready to be send to immigration (130 + adjustment of status, and all others) before of my trip happened. IF they were in a mail , probably it will be a different story. ( I read, that case some other procedure might come up - not sure )

They ask me if I send it already (If my daughter send it already )

I came to the border at 11 pm , and left around 6-7 morning. They drive me back to Canada .

[Hypnos 6,578]

Your daughter isn't a qualifying relative for I-601 purposes, therefore you cannot apply for a waiver of that inadmissibility.

You would probably already have your green card if you hadn't taken your lawyer's advice and left the US.

Edited July 12, 2016 by Hypnos

[Transborderwife 4,666]

I did check CBP's I-94 website for any current I-94s. No records find.

My daughter , 25 years old, USA Citizen. Probably I can apply I-601 but...how I can proof hardship?

Also , not sure if its important. I do have a my Mother living in USA. (not a USA citizen, not a perm resident) Who is 80 years old, and

her medical condition can be used as a hardship , but she need to be a perm resident, or USA citizen. She is not.

Do not know, if a step son from first marriage (I'm divorced ) might be used in a hardship letter, because he is in College and need support for 1.5 more year. (He is in USA and Citizen of USA) Also , he were in NAVY for 4 year previously.

Why I never read about similar situation with other people- do not know.

Question: After 5 years , when I filing out 601 form , its don't need to be a hardship anymore. Am I right? Or its a wrong info, and Hardship need to be showing all the time?

I do own a property in NJ. I can't pay for it .Because a Daughter own a property in other state as well. So, its complicated.

We think to apply form I-130 for now. If it approved... probably will wait for respond from 212 (Already applied) .

But it's look like , 601 form need to be used (What I can't send - no hardship )

Can send 601 without hardship evidence, if its help.

You don't qualify. You may just have to serve your ban

[NigeriaorBust 4,087]

Your daughter cant do a waiver for you on overstay, your mom can

& an affidavit of support by your daughter as co-sponsor when

the time comes, you can apply to CBP at the border with an I-192

& well prepared cover letter along with evidence of strong ties in

your country...a long shot with all the US ties...call atty Heather Poole

The mom isn't an LPR or a USC either so can't be used for hardship. Apparently she is also an over stayer. and there is no one that can petition the mother , the daughter can't petition the grandmother.

[newacct 688]

So the biggest problem, as everyone has mentioned, is the 9B ban, which you don't seem to be able to waive. As I have mentioned before, there is a chance that you don't have that ban. It depends on whether you got an I-94 when you entered. Unfortunately, it may be hard to figure that out now and you may have to do an FOIA request to CBP to see what records they have.

[EM_Vandaveer 2,408]

Your daughter cant do a waiver for you on overstay, your mom can

& an affidavit of support by your daughter as co-sponsor when

the time comes, you can apply to CBP at the border with an I-192

& well prepared cover letter along with evidence of strong ties in

your country...a long shot with all the US ties...call atty Heather Poole

The mother can't either. OP said she is not a USC nor a LPR.