Denied entry, overstayed, details and questions inside... PLEASE help..

[irving85 0]

I am a Canadian citizen, who travelled to the US on a 6 months visit visa in 2013 and ended up staying for a total of 18 months (overstayed 1 year and 8 days), i stayed with my elderly parents there who are green card holders, and with my brother who is a US citizen. My visa application timed out because of age, while my siblings and parents were granted permanent residency, i unfortunately was not as lucky and did not apply again. 

I attempted to re-enter again on a visit visa twice in 2015 but was denied entry at the border, and ended up signing a wavier of admission, finger printed and informed that unless i bring forth proof that i was not in the country during those dates i was banned for 10 years, (even though i did not receive anything in writing that specified a 10 year ban, i chose not to admit to the violation on my official statement even though they had enough proof against me). They found that i had a non resident bank account open in the US that i was using during my stay, also found things like a family Costco card on me, not to mention both records of my entry and exit by flight in their systems. 

today i am in a situation where i cannot visit the US where my elderly parents and my entire family reside, not to mention i am unable to attend work functions there as part of my job. note that I have yet to take any steps forward with lawyers, and have not submitted any paperwork to the government. 

5 Questions:

1 - what are my options if i simply want to obtain a visit visa? or is it advised to simply wait out the 10 year ban period?  

2 - what happens after 10 years considering i did not formally admit to my violation on the official statement? would i be admissible after the ban period is passed?

3 - what are the chances of success in entry admission if a waiver is submitted given the details above? is a lawyer even helpful in a case such as this?

4 - can my parents still file for residency visa for me? will this situation affect my application success in the future?

5 - i may also soon be engaged to a US citizen living in the US, is she able to sponsor me into the country? would this somehow lift the ban? if so how long is that process likely to take? (although i see this more as a last resort as i am currently settled and see no need to move, my goal is to simply be able to visit my elderly parents regularly).

 

your assistance in addressing the above concerns would be MUCH appreciated, thank you for your time.

 

Edited April 1, 2018 by Moes1986

[Roel 7,193]

1. You will probably never receive the torusit visa again. Even after the ban is over your chances will be tiny. You already cheated the US immigration once and they will not forget that.

2. In theory yes, in practise doubtful. 

3.  Doubtful the lawyer will help. 

4. Someone correct me but since you're over 21 your green card holder parents can't sponsor you. BUT your US citizen sibling can. It will take over a decade though. 

5. It will not lift a ban. You will need to wait it out. 

 

Well this happens when you break the law and you knew very well that you should not overstay. Now face the consequences. As a Canadian you had it easier than the rest of the world when it comes to visiting US and you ruined it. 

[geowrian 22,338]

The 10 year bar is automatic upon exit after 1+ year of overstay. If you had left 9 days earlier, it would have only been a 3 year bar.

1. You can apply for a tourist visa, but until the 10 years is up you are barred. The CO can request a waiver for you, but it's extremely unlikely to happen.
   1. After the 10years, you are no longer barred, but it's still not likely to happen given your circumstances (US parents, US fiance/wife by then, etc., history of overstay, etc.).
2. Did you just not mention the violation or did you lie about it in response to a question (in documents or in conversation)? The former has no direct consequences. The latter is misrepresentation. If deemed material, that's a permanent bar.
3. You cannot submit a waiver for a tourist visa. The CO recommends you for one if they see fit. A lawyer will not help.
4. Yes, your parents can file for you. You would fall into F2B preference so long as you are and remain unmarried. ETA: ~7-10 years, assuming no changes to immigration.
   1. A USC sibling can petition for you as well, but that wait is like ~15 years or so.
5. If you become engaged, she can file an I-129F (K-1 visa path) for you. Or you can marry (anywhere) and do an I-130 (CR-1/IR-1 visa path). After the interview, if you would otherwise be approved for the visa, you will be refused due to the 10 year bar. At that point, she can file an I-601 waiver on your behalf. It's ~$1000 and will add roughly 6-12 months to the timeline I believe. Just note you can't file until you are refused the K-1/CR-1 visa.
   1. Note that she can only sponsor you for permanent residency...she can't help you visit or with other visas. This means you must be ready to 1) marry and 2) live within the US as a permanent resident. If your goal is just to visit your parents, then this is not the path for you.
   2. Timelines
      1. K-1: ~8-10 months from filing to interview, then ~6-12 months for the waiver.
      2. CR-1/IR-1: ~12-14 months from filing to interview, then ~6-12 months for the waiver.
   3. If your 10 year bar expires before the interview or before it's worth applying for the waiver, then no waiver is necessary.
   4. This assumes you did not make a material misrepresentation (#2 above). If so, the I-601 waiver would also need to waive this.
   5. An I-601 is a hardship waiver. Coming from Canada, it may be difficult to show a sufficient hardship, assuming she has the ability to move to Canada instead. Many Canadians are issued an I-601, so don't let that scare you, but you may want to consult a good immigration attorney for this path.

Edited April 1, 2018 by geowrian

[irving85 0]

1 hour ago, Roel said:

1. You will probably never receive the torusit visa again. Even after the ban is over your chances will be tiny. You already cheated the US immigration once and they will not forget that.

2. In theory yes, in practise doubtful. 

3.  Doubtful the lawyer will help. 

4. Someone correct me but since you're over 21 your green card holder parents can't sponsor you. BUT your US citizen sibling can. It will take over a decade though. 

5. It will not lift a ban. You will need to wait it out. 

 

Well this happens when you break the law and you knew very well that you should not overstay. Now face the consequences. As a Canadian you had it easier than the rest of the world when it comes to visiting US and you ruined it. 

I feel i should clarify a few points and provide some context, maybe your response won't be as bleak..

 

first my parents are in route to become citizens in the coming months, so if they do sponsor me it will be done from parents as citizens, so i wonder if this some what alters your input on question 4. 

 

secondly the reason for my overstay (although still unjustified) was to be around my elderly parents and to care for them, especially my mother who was diagnosed with liver disease couple years prior, thankfully as of today her situation has been stabilized, but not cured.. as mentioned multiple times she is an elderly with limited ability for travel, and i fear a day that i cannot be around in time when most needed..

 

thirdly what do you gain when you provide such a response, that is no way helpful and so discouraging... i was told this site has a great community that is very helpful... i hope other posters are not like you..     

[geowrian 22,338]

2 minutes ago, irving85 said:

first my parents are in route to become citizens in the coming months, so if they do sponsor me it will be done from parents as citizens, so i wonder if this some what alters your input on question 4. 

This just means you would fall into F1 category instead of F2B. The wait is about 6-7 years last time I checked. If you marry (which you can do if they are USCs, but not LPRs), you fall into F3 category which has ~12-15 years or so I think.

[irving85 0]

7 minutes ago, geowrian said:

The 10 year bar is automatic upon exit after 1+ year of overstay. If you had left 9 days earlier, it would have only been a 3 year bar.

1. You can apply for a tourist visa, but until the 10 years is up you are barred. The CO can request a waiver for you, but it's extremely unlikely to happen.
   1. After the 10years, you are no longer barred, but it's still not likely to happen given your circumstances (US parents, US fiance/wife by then, etc., history of overstay, etc.).
2. Did you just not mention the violation or did you lie about it in response to a question (in documents or in conversation)? The former has no direct consequences. The latter is misrepresentation. If deemed material, that's a permanent bar.
3. You cannot submit a waiver for a tourist visa. The CO recommends you for one if they see fit. A lawyer will not help.
4. Yes, your parents can file for you. You would fall into F2B preference so long as you are and remain unmarried. ETA: ~7-10 years, assuming no changes to immigration.
   1. A USC sibling can petition for you as well, but that wait is like ~15 years or so.
5. If you become engaged, she can file an I-129F (K-1 visa path) for you. Or you can marry (anywhere) and do an I-130 (CR-1/IR-1 visa path). After the interview, if you would otherwise be approved for the visa, you will be refused due to the 10 year bar. At that point, she can file an I-601 waiver on your behalf. It's ~$1000 and will add roughly 6-12 months to the timeline I believe. Just note you can't file until you are otherwise refused the visa.
   1. Note that she can only sponsor you for permanent residency...she can't help you visit or with other visas. This means you must be ready to 1) marry and 2) live within the US as a permanent resident. If your goal is just to visit your parents, then this is not the path for you.
   2. Timelines
      1. K-1: ~8-10 months from filing to interview, then ~6-12 months for the waiver.
      2. CR-1/IR-1: ~12-14 months from filing to interview, then ~6-12 months for the waiver.
   3. If your 10 year bar expires before the interview or before it's worth applying for the waiver, then no waivcer is necessary.
   4. This assumes you did not make a material misrepresentation (#2 above). If so, the I-601 waiver would also need to waive this.
   5. An I-601 is a hardship waiver. Coming from Canada, it may be difficult to show a sufficient hardship, assuming she has the ability to move to Canada instead. Many Canadians are issued an I-601, so don't let that scare you, but you may want to consult a good immigration attorney for this path.

i unfortunately did basically stick to my story of not overstaying and that was documented on the official statement which i was given a copy of, and i was given a list of proofs to bring forth to my case along with waiver information. i came back with credit card information but they felt that was not good enough evidence. and so i have not been back to the border in 3 years...

[irving85 0]

4 minutes ago, geowrian said:

This just means you would fall into F1 category instead of F2B. The wait is about 6-7 years last time I checked. If you marry (which you can do if they are USCs, but not LPRs), you fall into F3 category which has ~12-15 years or so I think.

so if my parents apply for me under F1 or F3, does that over ride the ban?

[Roel 7,193]

11 minutes ago, irving85 said:

I feel i should clarify a few points and provide some context, maybe your response won't be as bleak..

 

first my parents are in route to become citizens in the coming months, so if they do sponsor me it will be done from parents as citizens, so i wonder if this some what alters your input on question 4. 

 

secondly the reason for my overstay (although still unjustified) was to be around my elderly parents and to care for them, especially my mother who was diagnosed with liver disease couple years prior, thankfully as of today her situation has been stabilized, but not cured.. as mentioned multiple times she is an elderly with limited ability for travel, and i fear a day that i cannot be around in time when most needed..

 

thirdly what do you gain when you provide such a response, that is no way helpful and so discouraging... i was told this site has a great community that is very helpful... i hope other posters are not like you..     

I'm sorry but sick parents aren't an excuse to overstayed. In the embassy they mighy even slap illegal work at you if you say you were a caretaker for your elderly parents. 

 

Embassy doesn't care about this excuse either. Sorry you think I'm not nice (probably because you only expected positive advices) but this is a truth. You will hear the same thing from immigration officers also. Probably in even harder tone. 

 

Anyway. You won't visit US anytime soon. 

2 minutes ago, irving85 said:

so if my parents apply for me under F1 or F3, does that over ride the ban?

No. Nothing over rides the ban. Waivers maybe but not for tourist visas. 

Edited April 1, 2018 by Roel

[irving85 0]

your assistance is very much appreciated by the way geowrian

[geowrian 22,338]

11 minutes ago, irving85 said:

i unfortunately did basically stick to my story of not overstaying and that was documented on the official statement which i was given a copy of, and i was given a list of proofs to bring forth to my case along with waiver information. i came back with credit card information but they felt that was not good enough evidence. and so i have not been back to the border in 3 years...

That's likely an issue then. That would be misrepresentation and it appears material to me (and to quote a wise individual, it was material to you so they will likely will think it is was too). This does use the same I-601 to waive, but it's (IMHO) considerably more difficult to obtain than just an unlawful presence waiver. it's also a permanent bar...so it won't go away until you get a waiver. The only way you will know if they did (or will) apply said bar is by applying for the visa and being refused.

 

10 minutes ago, irving85 said:

so if my parents apply for me under F1 or F3, does that over ride the ban?

Override? No. Nothing overrides a bar. It either expires (for time-limited ones) or is waived.

But they can file an I-601 waiver. See my previous comment about the I-601.

Edited April 1, 2018 by geowrian

[irving85 0]

20 minutes ago, geowrian said:

That's likely an issue then. That would be misrepresentation and it appears material to me (and to quote a wise individual, it was material to you so they will likely will think it is was too). This does use the same I-601 to waive, but it's (IMHO) considerably more difficult to obtain than just an unlawful presence waiver. it's also a permanent bar...so it won't go away until you get a waiver. The only way you will know if they did (or will) apply said bar is by applying for the visa and being refused.

 

Override? No. Nothing overrides a bar. It either expires (for time-limited ones) or is waived.

But they can file an I-601 waiver. See my previous comment about the I-601.

final question,

 

given all the details provided, what do you feel is the best and quickest option (if any) to proceed with, the option that gives me the best success rate based on the details provided to enter or immigrate to the US. 

 

 

again thanks alot..

[Roel 7,193]

You need to realize that you broke the rules, possibly lied to immigration officers and might even have a lifetime ban on entering USA. It's not something you want to hear but this is 100% your fault. 

 

Nothing you do will be easy, quick or cheap at this point. It's going to be at least few years before you will be able to enter USA. And immgriation won't listen to elderly parents excuse at this point. 

 

Imo "quick" option would be US citizen parents sponsoring you but this + waiver (if appliciable) + ban will take a while. 

[irving85 0]

3 minutes ago, Roel said:

You need to realize that you broke the rules, possibly lied to immigration officers and might even have a lifetime ban on entering USA. It's not something you want to hear but this is 100% your fault. 

 

Nothing you do will be easy, quick or cheap at this point. It's going to be at least few years before you will be able to enter USA. And immgriation won't listen to elderly parents excuse at this point. 

 

Imo "quick" option would be US citizen parents sponsoring you but this + waiver (if appliciable) + ban will take a while. 

I acknowledge that i am at fault, what I don’t want to acknowledge is pointless opinions that do not contribute to my cause in any way. I am on this forum in seek of advice, not to be judged and reminded how badly I messed up..

[Roel 7,193]

I did include advices and you got some good ones from geowrian.  

[geowrian 22,338]

7 minutes ago, irving85 said:

given all the details provided, what do you feel is the best and quickest option (if any) to proceed with, the option that gives me the best success rate based on the details provided to enter or immigrate to the US.

All paths are not going to be quick nor easy/guaranteed. If they do make a material misrepresentation finding, it may be never...I'm not saying what will or won't happen, but be ready to face the reality if that is the case.

 

It may not be a bad idea to have a consultation with an immigration attorney that deals with waiver cases to get better feedback on the liklihood of getting approved for a waiver. My opinion is that getting one from your potential fiance is not a good nor bad chance since I know nothing about her. For instance, is she able to immigrate to the Canada (i.e. not inadmissible herself)? Does she have medical conditions making travel/emigrating difficult? Does she have strong commitments requiring her to be in the US? These are just some questions to discuss with an attorney...no need to answer them here.

 

If you're ready to marry and live in the US, then you can do so and then go for the CR-1 visa. A K-1 is a little faster, but you're looking at likely 2+ years anyway so a few months longer but being able to work and such right away is probably for the best.

If you're not ready to marry and live within the US, then your parents filing for you would be the next best thing. Just know you can't marry until they are USCs if you go this path. And this still has the risk of the material misrepresentation bar and not getting the waiver approved.

Your parents can file now (well after a consultation), and you can figure out the relationship thing later...never rush into a decision like that. It's not good/healthy for either of you. You're not forced into one or the other...whichever one happens first is the one you can go with.