Parents want to move to US with IR2 Visa still in process HELP

[EmilyW 1,437]

Honestly, I think you need a lawyer for your case.  I don't think it's a DIY.

[caliliving 606]

Canadians were entered as D/S up until 2013 where now they actually stamp b2 in your passporr...if that makes aense..

 

Basically as a Canadian what u got away with years ago is not going to work i. 2017...pre 2013 before Obama and Harper decided to share border information Canadians basically had free reign to go back and forth as u want. That doesn't fly anymore...

 

U r screwed...go to school or find someone to marry bc u have an easier chance getting a green card thru marriage then a work visa. Hence the reason everyone find a a foreigner to marry.

 

 

[Coco8 1,042]

27 minutes ago, nadiah27 said:

No one in my family is banned. I'm not sure exactly how it works, but my family and I have all been to and from the US since we moved a number of times. If we were banned, I don't think they would be allowed back into the country.

 

For your dad to move to the US, they need to file an IR-1 for him and that will take a year. 

 

I understand you mentioned you are dependent on your parents, but maybe try doing your own stuff and stay in Canada now that you are over 21. You don't want to start a life in a country you will not be able to stay later on and you will not be able work legally. If you go that route, you will never be able to be independent from your parents. 

 

Getting a work visa is hard. You need a college degree and even better, a postgraduate degree. But you would also need the job to be in Florida, which makes it even harder. The companies that most commonly sponsor work visas are technology, software, etc. 

 

You could use the TN visa for Canadians. But you also need at least a bachelors degree and a job at an American company http://canadiansinusa.com/Working-in-the-US/tn-visa.html This visa is not for living and looking for a job. 

 

 

 

 

 

[caliliving 606]

Now once u cross the 6 mornha u WILL get an iverstay ban and that complicates even more. Unfortunately, u can't just move here and get a work visa so either u go to school or marry or stay in Canada 

[Coco8 1,042]

3 hours ago, nadiah27 said:

I've thought about applying for a student visa, but like you said it will be expensive and I wanted to work first before attending school there hence why I asked about a work visa. 

If you want to study you should stay in Canada. The average tuition in Canada is $4,000 a year. The average tuition is three times that and if you are not a resident of the state it can be like 6 times more. 

 

 

[JFH 12,190]

1 hour ago, nadiah27 said:

No one in my family is banned. I'm not sure exactly how it works, but my family and I have all been to and from the US since we moved a number of times. If we were banned, I don't think they would be allowed back into the country.

That depends on how honest they were when they entered. As they had previously overstayed they were subsequently ineligible to travel here without a visa. Did they apply for tourist visas? Or did they just hope no one would notice when they entered? 

[geowrian 22,337]

5 minutes ago, JFH said:

That depends on how honest they were when they entered. As they had previously overstayed they were subsequently ineligible to travel here without a visa. Did they apply for tourist visas? Or did they just hope no one would notice when they entered? 

Possibly. Depends if they were issued an I-94 or not. If so, then it would be an overstay. If not, as Canadians they are admitted as D/S. So they won't accumulate unlawful presence until a determination is made that they are no longer in the US legally. Visiting after an overstay of that long - while no bar is actually in place - would raise plenty of scrutiny at POE. If they were not honest at POE, that can come back to hurt them. If they were honest, then there's really nothing for immigration to hold against them.

[nadiah27 5]

2 hours ago, Coco8 said:

 

For your dad to move to the US, they need to file an IR-1 for him and that will take a year. 

 

I understand you mentioned you are dependent on your parents, but maybe try doing your own stuff and stay in Canada now that you are over 21. You don't want to start a life in a country you will not be able to stay later on and you will not be able work legally. If you go that route, you will never be able to be independent from your parents. 

 

Getting a work visa is hard. You need a college degree and even better, a postgraduate degree. But you would also need the job to be in Florida, which makes it even harder. The companies that most commonly sponsor work visas are technology, software, etc. 

 

You could use the TN visa for Canadians. But you also need at least a bachelors degree and a job at an American company http://canadiansinusa.com/Working-in-the-US/tn-visa.html This visa is not for living and looking for a job. 

 

 

 

 

 

I'm honestly not concerned about my parents and what they need to do to become legal citizens, as I just want to do what's best for myself, but I really do appreciate the advice.

 

Thank you for all the information. I would like to live at least another year in Canada until I receive my visa so I can go to Florida legally, but the problem is that living here independently is really hard. It's not like it is in Florida where rent and car payments are affordable, just paying for rent alone in a terrible area is what I would make in a month. I think the only solution I have is talking to my parents about it and letting them know what a terrible idea it is.

Thank you so much for your advice.

[nadiah27 5]

2 hours ago, caliliving said:

Canadians were entered as D/S up until 2013 where now they actually stamp b2 in your passporr...if that makes aense..

 

Basically as a Canadian what u got away with years ago is not going to work i. 2017...pre 2013 before Obama and Harper decided to share border information Canadians basically had free reign to go back and forth as u want. That doesn't fly anymore...

 

U r screwed...go to school or find someone to marry bc u have an easier chance getting a green card thru marriage then a work visa. Hence the reason everyone find a a foreigner to marry.

 

 

I'm sorry can you explain? What is a D/S and a B2 stamp and what exactly do these entail?

[nadiah27 5]

1 hour ago, JFH said:

That depends on how honest they were when they entered. As they had previously overstayed they were subsequently ineligible to travel here without a visa. Did they apply for tourist visas? Or did they just hope no one would notice when they entered? 

I'm sorry, I was young when this all happened so I don't have a majority of the information, but we never apply for tourist visas and we all have no issues travelling back and forth between Canada and the US.

[nadiah27 5]

3 hours ago, EmilyW said:

Honestly, I think you need a lawyer for your case.  I don't think it's a DIY.

Any reason why you would suggest this? I've never given this idea any thought but I don't think my family and I would be able to afford it unfortunately.

[Coco8 1,042]

1 minute ago, nadiah27 said:

I'm sorry, I was young when this all happened so I don't have a majority of the information, but we never apply for tourist visas and we all have no issues travelling back and forth between Canada and the US.

You should not worry because children are forgiven for overstaying anyway. 

 

If your father was able to come to the US several times, so maybe they didn't figure out he was overstaying. But he didn't apply for an IR-1 visa anyway and if he did, because he is married to a US citizen he could file a waiver and it would be forgiven.

[NikLR 13,227]

Topic is about the OP, not her father. Mother is a USC.  OP thankfully your mother applied by the time you were 21 or else you would not be an IR2.  Is your sister older or younger than you?

[mallafri76 1,012]

1 hour ago, nadiah27 said:

I'm honestly not concerned about my parents and what they need to do to become legal citizens, as I just want to do what's best for myself, but I really do appreciate the advice.

 

Thank you for all the information. I would like to live at least another year in Canada until I receive my visa so I can go to Florida legally, but the problem is that living here independently is really hard. It's not like it is in Florida where rent and car payments are affordable, just paying for rent alone in a terrible area is what I would make in a month. I think the only solution I have is talking to my parents about it and letting them know what a terrible idea it is.

Thank you so much for your advice.

That's why you share a place with some friends. Shared place means shared rent. 😊 When I was 21, I moved abroad with a friend and ended up sharing a one bedroom apartment in London with three other people. You're young, now's the time to spread your wings and experience life, not worry about green cards and illegal entries and bans and stuff. 

[f f 725]

if you were illegal for 10 years and only left in 2010 don't you still have the 10 year bar till 2020? and based on your ages you were over 18 for at least a year before you left I think. so even if you qualify for any visa you will be stopped until either the bar is up or a waver is approved.