Withdrawal of Application for Admission

[Ahoy01 31]

5 minutes ago, Brian Bright said:

I did not. They never mentioned any time limit when I entered in January 2017. No stamp either & I had a 1-way.

If I am completely honest with you CBP was quite lenient with you till you tried to enter the last time. Now in your original post the section you mentioned, they cited was for immigrant intent. Now by law they should have placed a ban on you. Did they mention anything about a ban? did they cite anything else in paperwork they gave you in the withdrawal of application? If you have ban then you have to wait for that ban to end. But if they did not place a ban (which is highly unlikely), then you just have to spend sometime in Canada and establish ties here. So the next time you try visit the US you can show, you have no intent to immigrate.

 

Finally if you are allowed visit in the future DO NOT overstay. As a general rule you can be there for 6 months, unless mentioned by the officer (like in the instance where they only permitted you stay only for a month). Violating it could have consequence on your future travels.  

[geowrian 22,337]

20 minutes ago, Brian Bright said:

I did not. They never mentioned any time limit when I entered in January 2017. No stamp either & I had a 1-way.

Can you check your I-94?

https://i94.cbp.dhs.gov/I94/

 

4 minutes ago, Eli01 said:

Now by law they should have placed a ban on you.

Depends on how long the I-94 was issued for on that trip. If it was a full 6 months, then he would have less than 180 days of overstay and not incur a bar (albeit it is a good reason to deny entry or a visa in the future, and any overstay automatically revokes a visa).

If it was less than 6 months and he accumulated 180+ days of overstay, then there would be a 3 year bar.

If he was not issued an I-94, then he was admitted as D/S and does not accrue unlawful presence and therefore has no bar...but the overstay is still held against him for any future entry or visa. Edit: Although I don't think this is common with air travel...only land crossings with Canadians.

Edited January 16, 2018 by geowrian

[Ahoy01 31]

9 minutes ago, geowrian said:

Can you check your I-94?

https://i94.cbp.dhs.gov/I94/

 

Depends on how long the I-94 was issued for on that trip. If it was a full 6 months, then he would have less than 180 days of overstay and not incur a bar (albeit it is a good reason to deny entry or a visa in the future, and any overstay automatically revokes a visa).

If it was less than 6 months and he accumulated 180+ days of overstay, then there would be a 3 year bar.

If he was not issued an I-94, then he was admitted as D/S and does not accrue unlawful presence and therefore has no bar...but the overstay is still held against him for any future entry or visa.

geowrian, this is news to me. So let me get this right (and correct me if I am wrong please), if his over stay was less then 6 months (ie. days he stayed-days he was allowed to stay=  less then 180 days) he does not incur a ban?

 

PS: what is D/S?

Edited January 16, 2018 by Eli01

[geowrian 22,337]

2 minutes ago, Eli01 said:

geowrian, this is news to me. So let me get this right (and correct me if I am wrong please), if his over stay was less then 6 months (ie. days he stayed-days he was allowed to stay=  less then 180 days) he does not incur a ban?

 

PS: what is D/S?

Correct. The ban begins at 180 days of unlawful presence (and grows from 3 years to 10 years starting at 1 year).

 

Duration of Status

[Ahoy01 31]

3 minutes ago, geowrian said:

Correct. The ban begins at 180 days of unlawful presence (and grows from 3 years to 10 years starting at 1 year).

 

Duration of Status

 

Oh interesting. Thank you for the info.

 

@Brian Bright Now it is matter of if you were given a ban or not. If you were not, just try to build ties with Canada. Because I visit the US frequently to see my wife. I always have a copy of my lease, car ownership and other things to prove my ties and show them I have reason to come back. Although I have never been asked for it so far.

Edited January 16, 2018 by Eli01

[acidrain 325]

It sounds like you need to figure out exactly how much unlawful presence you had in the US. It's difficult to give advice without knowing that conclusively. You could try calling the POE that denied you to seek this information. They may not want to tell you over the phone. Or you can seek the help of a lawyer.

 

I can speak from experience immigration intent is a flag. I was able to overcome my situation by showing solid proof of ties. There are numerous examples of what that entails on VJ. 

 

If you are in a relationship with a US citizen (you said you had a boyfriend) I would seriously look into him sponsoring you for either K1 or CR1 (whether you marry). If you want to live in the US you need a proper visa to do that. Once I applied for IR1 the border allowed me to cross. You need to show proof you have every intention of following immigration law.

[Brian Bright 0]

On 1/16/2018 at 4:24 PM, Eli01 said:

If I am completely honest with you CBP was quite lenient with you till you tried to enter the last time. Now in your original post the section you mentioned, they cited was for immigrant intent. Now by law they should have placed a ban on you. Did they mention anything about a ban? did they cite anything else in paperwork they gave you in the withdrawal of application? If you have ban then you have to wait for that ban to end. But if they did not place a ban (which is highly unlikely), then you just have to spend sometime in Canada and establish ties here. So the next time you try visit the US you can show, you have no intent to immigrate.

 

Finally if you are allowed visit in the future DO NOT overstay. As a general rule you can be there for 6 months, unless mentioned by the officer (like in the instance where they only permitted you stay only for a month). Violating it could have consequence on your future travels.  

No ban

- « Withdrawal of Application for Admission/Consular notification »

- Checked: « Application for Admission Withdrawn »

- Reason: Subject is inadmissible under section 7A1 of the INA 

 

 

* Thank you for your info 

 

[Brian Bright 0]

On 1/16/2018 at 4:25 PM, geowrian said:

Can you check your I-94?

https://i94.cbp.dhs.gov/I94/

 

Depends on how long the I-94 was issued for on that trip. If it was a full 6 months, then he would have less than 180 days of overstay and not incur a bar (albeit it is a good reason to deny entry or a visa in the future, and any overstay automatically revokes a visa).

If it was less than 6 months and he accumulated 180+ days of overstay, then there would be a 3 year bar.

If he was not issued an I-94, then he was admitted as D/S and does not accrue unlawful presence and therefore has no bar...but the overstay is still held against him for any future entry or visa. Edit: Although I don't think this is common with air travel...only land crossings with Canadians.

I looked up the i94 & it says: « No record found for traveler »

 

* Thank you for your help

[Brian Bright 0]

On 1/16/2018 at 4:40 PM, Eli01 said:

 

Oh interesting. Thank you for the info.

 

@Brian Bright Now it is matter of if you were given a ban or not. If you were not, just try to build ties with Canada. Because I visit the US frequently to see my wife. I always have a copy of my lease, car ownership and other things to prove my ties and show them I have reason to come back. Although I have never been asked for it so far.

Thankfully no ban. Thank you for your insight. 

[Brian Bright 0]

On 1/17/2018 at 3:00 PM, acidrain said:

It sounds like you need to figure out exactly how much unlawful presence you had in the US. It's difficult to give advice without knowing that conclusively. You could try calling the POE that denied you to seek this information. They may not want to tell you over the phone. Or you can seek the help of a lawyer.

 

I can speak from experience immigration intent is a flag. I was able to overcome my situation by showing solid proof of ties. There are numerous examples of what that entails on VJ. 

 

If you are in a relationship with a US citizen (you said you had a boyfriend) I would seriously look into him sponsoring you for either K1 or CR1 (whether you marry). If you want to live in the US you need a proper visa to do that. Once I applied for IR1 the border allowed me to cross. You need to show proof you have every intention of following immigration law.

Thank you - I appreciate your help. 

[JFH 12,189]

On 1/15/2018 at 1:29 PM, Brian Bright said:

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. 

 

So in the past 9 years you've spent at most 10 weeks in Canada yet you claim to "live" there? 

[Boiler 44,986]

10 hours ago, JFH said:

So in the past 9 years you've spent at most 10 weeks in Canada yet you claim to "live" there? 

Often on + we find terms turned upside down.

[MMEE 13]

My entry was denied to the United States, because I was traveling with a B2 visa and Im married with an USC citizen, the maximum time I have spent  in the states it was 1 month and 15 , and I wasn't traveling often, i was traveling every 4 or 5 moths, and just for 20 days, and it was only twice I spent a month and a half there, as you I signed for the withdrawal of application for admission, it doesnt say something about a ban, and I was inadmissible under the same section as you, BUT!!!!!!! I'm going to need the waiver, my attorney told me something really important, sometimes they just give you the opportunity to withdrawn your application for admission and your inadmissible in that moment under section 212 A 7 a I i, but that means that they found u  were inadmissible under that section, only that day in that moment , almost every inadmisibility under 212 A 7 a I I carries with it another inadmisibility later,  they look for your record they look for every little thing just to make you inadmissible for an INA section that requires a waiver, so of course if you try to enter to the states or try to immigrate your going to be inadmissible because of your previous  traveling record, I see you have been very persistent to go to the states, maybe you have family, a girlfriend , fiancé etc etc there, so if you have it, you should start a the process soon, because it's taking a lot of time now.