Withdrawal of Application for Admission

[Brian Bright 0]

I am a Canadian & was denied entry into the US; I signed a Withdrawal of Application for Admission - inadmissible under section 7A1 of the INA ~ how do I get back into the US now?

They claim overstay & need proofs of ties to my country. 

What steps should I take? Do I need a waiver? Embassy? File something? 

They did not give me any time constraints etc. 

 

Thank you! 

[Unlockable 7,309]

What is your travel history like? 

 

Were you in the US more than usual? Working in the US? Planning on moving to the US?

 

Need more info.

[Brian Bright 0]

I was on a student visa in the US for 5yrs.

 

Then overstayed for 4yrs taking care of my then “mother-in-law”. 

 

Came back to Canada in 2016 for 2 weeks. 

 

Then went back to US - they gave me a limited 1 month stay - I stayed 2 months. 

 

Came me back to Canada for 1 month. 

 

Went back to US January 2017 without getting interrogated nothing. 

 

Came me back to Canada December 2017. 

 

Tried to go back January 2018 & was denied. 

 

In Canada I live with my parents. Besides my drivers license & health insurance; nothing is in my name. 

 

Also, I only had a “one-way” since I wasn’t sure of my exact plans in the US. 

 

[*Snowdrop* 603]

You are joking, right?

[Unlockable 7,309]

You have a lot to overcome. Seems you past travel history has caught up to you. Don't expect to get another visa anytime soon.

[SusieQQQ 11,585]

The one way ticket was probably the last straw, but I’m surprised you ever got let back in after the 4-year overstay. As above, with your history & lack of ties to home, another visa looks like an extremely high hurdle. 

Edited January 15, 2018 by SusieQQQ

[az2014 381]

You've already shown disregard to the rules more than once, why would they trust you again?

[Brian Bright 0]

Thank you all for your replies.

If you have any advice & concrete help, please share. 

[SusieQQQ 11,585]

4 minutes ago, Brian Bright said:

Thank you all for your replies.

If you have any advice & concrete help, please share. 

If by “advice and concrete help” you mean for people to tell you how to get another visa, it’s probably not going to happen unless you can significantly change your home circumstances (stable job, own property etc).

[Boiler 44,059]

My advice would be to give it 5 years, 10 would be better, get a good job, family, property etc and try again.

[WeGuyGal 1,052]

5 hours ago, Brian Bright said:

 

Then overstayed for 4yrs taking care of my then “mother-in-law”. 

 

Then went back to US - they gave me a limited 1 month stay - I stayed 2 months. 

 

Also, I only had a “one-way” since I wasn’t sure of my exact plans in the US. 

 

Another piece of advice would be to not do any of the above on another NIV. 

[Redheadguy03 505]

I'm amazed they let you back in after a 4 year overstay. You'll have a long ban now. 

[geowrian 22,336]

53 minutes ago, Redheadguy03 said:

I'm amazed they let you back in after a 4 year overstay. You'll have a long ban now. 

They were likely admitted as D/S as a student. So while it is a blemish on their record, there would technically not be any unlawful presence accumulated for the purposes of a bar.

 

But yes, the rest of their history and blatant disregard for the terms of their entry will take time (and some luck) to overcome.

[TNJ17 1,329]

I’m amazed they let you back in so many times. The only reason I can see why they did is because you’re a Canadian citizen and they’re less harsh on you guys. But really, I hope you know that everything you did was wrong and you understand why it was wrong and now you are facing the consequences of those actions and poor decision making. I don’t see you getting back in anytime soon. Because you overstayed for more than 180 days that’s an automatic ban. My guess is you’re banned for 10 years since you overstayed for 4 years. That’s a huge overstay. You need to find a lawyer because if you ever wanna get back in you’re gonna have to file a waiver, but you will also have to apply for a visa and that will be really hard to get because you have no ties to your home country and a huge history of overstaying. Unfortunately you’re gonna have to start a life back in Canada, job, house, bank accounts, school, whatever that connects you strongly back to Canada in order to be seen as a non-threat of an overstay which you will still have to convince everyone along the way that you will not do and have a really hard time doing it because of your history. 

 

Like I said, you’re gonna need a lawyer, and it’s not gonna be cheap. Good luck. 

Edited January 16, 2018 by TNJ17

[Going through 5,669]

16 hours ago, Brian Bright said:

Also, I only had a “one-way” since I wasn’t sure of my exact plans in the US.

Seems they've decided on your future plans for you.

 

Being Canadian, yes, we can sometimes be treated a "bit easier" at POE....provided we still follow all the rules.  Obviously your past has caught up with you now and it will most likely be quite difficult to gain entry into the US without a very good lawyer assisting you.  is it possible?  Yes, anything in life is possible.  Is it probable....maybe not, considering you abused the system more than once.

 

My advice would be to forget travelling to the US for at least 5 years (which will give you ample time to build up your Canadian ties).  Is there any dire reason you need to return to the US?