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

[TBoneTX 46,116]

A noncontributory post has been removed.  The remaining posts above are valid.

[Lemonslice 4,967]

If you're parents are Canadian citizens, you might want to discuss with them the possibility of moving to you. That would reduce the delay before you're all together.

[CEE53147 559]

3 hours 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..     

 

 

You now admit to working illegally as well.

 

The fact that people have told you the truth and you do not like what you hear is your problem and not them.  They do not give false hope where there is little.

[Boiler 46,098]

Waivers are currently taking c14 months.

[Springrain22 427]

OP, nothing will bring you to the US sooner than 5-7 years. Sorry to be harsh, but this is the truth you will hear not only from us but from any other person who knows what they say. You may also have a lifetime ban so you won't see the USA ever again. This is the price of your actions, and let it be a lesson to others. NEVER overstay. NEVER LIE to the US immigration officials.

Edited April 1, 2018 by Springrain22

[Going through 5,671]

7 hours ago, irving85 said:

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).

1.  Your only option is to wait out the ten year bar and then apply for a tourist visa.  The chances of you getting one is slim to zero, based on your past history and lying to immigration officials.

2.  See #1.

3.  A lawyer cannot help.  You can only apply for the waiver if the CO recommends it during your interview based on all evidence.  Given that you misrepresented yourself to immigration officials in the past, the chances of that recommendation lowers greatly.

4.  Yes. 

5.  Your new fiance can sponsor you for the K1 or get married in Canada and do a CR-1.  This does not lift the ban in any way.

 

On an aside, you'll find that people (with a great amount of knowledge and experience under their belt) rarely sugarcoat things on this forum.  This is to your benefit, actually, so that you get pertinent facts/information that is based on what is or is not applicable in your situation.  Hand-holding, speculation and commiserating which, while compassionate, is not entirely helpful if you are wanting to know and understand what your legal options are so you can move forward with the knowledge of probable outcomes and be better prepared to face them.

[JFH 12,191]

One thing that I really want to say after reading all this...do not “use” your fiance and her nationality as a stepping stone into the USA. It’s coming across that you want her to file for you just so that you can get into the country, not to pursue the relationship with her. Please don’t do that to her. It’s cruel and heartless. If you genuinely want to build a life with her then investigate the options of her moving to Canada. Since you are inadmissible into the USA currently, I assume she has no problem traveling to Canada as she must be the one doing all the traveling at the moment. Perhaps look at border living?

 

It’s awful when parents are in another country and sick or elderly. But you are speaking here to a whole community of people who have left their homelands and their families to come to the USA. Many of us have experience being apart from sick and dying relatives - and in many cases the distance is greater than Canada - USA. Some here have not been able to get back to their homeland in time to see a parent before they die But everyone gets old at some point. And having elderly or sick parents is not a reason to break the law, however much of an emergency it may feel to us. If your parents are advanced in years (in their 80s?) I’m guessing you must be at least 40. You’ve been around long enough to know that immigration laws are there for a reason. 

[irving85 0]

So far only one person has actually straight answered the questions, the rest came in to judge and to throw in their own useless opinions. Whether or not a best case scenario of re-entry if any is minimum 5-7 years, or whether I may never enter again is beside the point, as I by default accept whatever comes next. I came for answers I do not care what strangers on the internet feelings on my choices are. I am simply looking to assess my predicament as accurately as possible. 

 

Either give straight emotionless answers or don’t bother. Please and thank you. 

Edited April 1, 2018 by irving85

[Roel 7,193]

You got bunch of good advices from many people. Deal with the fact that people present their opinions on this PUBLIC forum.

[Boiler 46,098]

22 minutes ago, irving85 said:

So far only one person has actually straight answered the questions, the rest came in to judge and to throw in their own useless opinions. Whether or not a best case scenario of re-entry if any is minimum 5-7 years, or whether I may never enter again is beside the point, as I by default accept whatever comes next. I came for answers I do not care what strangers on the internet feelings on my choices are. I am simply looking to assess my predicament as accurately as possible. 

 

Either give straight emotionless answers or don’t bother. Please and thank you. 

The VJ ToS, my Bile, should be yours, does mention that asking others not to post is a no no.

 

Fiancee suggests marriage, should be doable, takes a couple of years.

 

[Going through 5,671]

37 minutes ago, irving85 said:

So far only one person has actually straight answered the questions, the rest came in to judge and to throw in their own useless opinions.

Actually more than one person took the time to straightly answer your questions.  Perhaps you weren't prepared for type the answers you received as they were not in your favor of getting a tourist visa...shoot the messenger happens quite a lot on VJ.  Opinions are good too since they are generally based off of factual experience of the VJ member themselves, what they have seen as reported by others in your same situation, or knowledge of different immigration processes.

 

You got some very good information/advice on how to best proceed in your case.  Hopefully you come away from this thread with a better idea of what you are now facing with applying for the tourist visa.  Let us know how it goes.

[SusieQQQ 11,587]

6 hours 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. 

 

6 hours ago, irving85 said:

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..

You may consider it a “pointless opinion” but it’s a fact. A harsh fact for you, but nothing Roel stated above actually falls under the label of “opinions”. 

 

Its a pity more people don’t realize just how serious the consequences of overstaying and/or lying to immigration officials are.

Edited April 1, 2018 by SusieQQQ

[Calicolom 266]

Next stop Lawer, and $15000.00

[Dianalorena 1,153]

1 hour ago, irving85 said:

So far only one person has actually straight answered the questions, the rest came in to judge and to throw in their own useless opinions. Whether or not a best case scenario of re-entry if any is minimum 5-7 years, or whether I may never enter again is beside the point, as I by default accept whatever comes next. I came for answers I do not care what strangers on the internet feelings on my choices are. I am simply looking to assess my predicament as accurately as possible. 

 

Either give straight emotionless answers or don’t bother. Please and thank you. 

 I know you don't want to hear what people have to say and you're feeling judged, but they're just trying to be blunt about the severity of it, not beating around the bush. Also telling people to refrain from commenting is a violation of the forum's terms and conditions. 

 

You expect emotionless answers to an emotional action. At the same time, you don't like people's emotionless replies since they're not coming from a place of apparent empathy or understanding for your pain, but don't assume people don't understand or relate to what you're going through, they do and they have gone through a lot themselves including sick and dying parents, but you ultimately made a choice knowing wholeheartedly that it would bare consequences. 

 

I completely understand and I do feel for you. I'm sorry your parents are sick and I understand you were helping them, but immigration is pretty much a straightforward and heartless process, if you approach it from a place of feelings or injustice, it will drive you crazy. We all have to follow the rules, endure years of long distance, pay thousands in fees, feel homesick. Some of us have made mistakes ourselves and it was brutal. 

 

I do hope things work out for you.  

 

[mindthegap 2,605]

3 hours ago, irving85 said:

Either give straight emotionless answers or don’t bother.

Ok.

 

 

You are inadmisable to the US, and you are unlikely to be able to be recommended for and therefore obtain a waiver for your overstay.

The US does not care about your elderly parents, dead dog, or lapsed costco membership - all they care about is that you violated the current immigration laws regarding overstay and employment, and are therefore inadmissable.

Being married or engaged to a US citizen does not override an overstay, unless adjusting from within the US, which you are clearly not. In your circumstances, you would need a waiver after a K-1 or a CR-1 denial for the overstay if otherwise approvable.

 

 

If you wish to engage a lawyer, then do so, but you will more than likely spend a lot of money and arrive at exactly the same place you are in with this free and accurate advice given above. You would perhaps be better served ploughing your money into designing and building a time machine, so you can go back and seriously look at the future consequences of your actions regarding immigration law. 

 

 

Hey, at least you have proper maple syrup and poutine.

 

 

 

Edited April 1, 2018 by mindthegap