Canadian citizen, immigrant visa to the USA and some issues

[SusieQQQ 11,586]

27 minutes ago, NigeriaorBust said:

  VJ has actually been mentioned in interviews.   It isn't hard to search and find a case you are working on if you are on the fence.  For example if this was one   search  Russian, Canada, New York , overstay , sibling     how many hits will you get.  And if I were on the fence after reading this self entitled ####### about how the whole family gamed the system there would be one less self entitled immigrant. 

OP’s post is so amazingly detailed and specific there would be absolutely no room for doubt about it being the same case!

[Crazy Cat 41,288]

7 minutes ago, SusieQQQ said:

CBP patrols the physical border (btw source for your number?)

uscis adjudicates cases of would-be immigrants 

and some people are seriously naive enough to use their real names or close enough on here*, making it easy enough for uscis to not have to expend too much effort

 

*this observation is not VJ-specific of course but while that may help scammers on other sites it helps the good guys here

Oh yea, you're right......I remember at least a couple posters who used their real names........one was a lady whose husband had been in the US for years and had been deported a couple times......

[belinda63 3,022]

So what box is she checking for her eligibility to work on the I-9 form? 

By the way  living here for 12 years is considered immigrating whether she did it legally or not. She has live in the US longer than she has lived anywhere else.

[WeGuyGal 1,052]

What if a VJ member or a uscis monitor informed the appropriate folks in Montreal to deny this IV? 

[Rocko20 159]

VJ is a very popular immigration website, no doubt USCIS monitors it on their off-duty time to get  an idea of what’s going on in the minds of petitioners/filers 

[WeGuyGal 1,052]

Not just off duty, I'm sure they have software to monitor forums. 

 

We see violations every so often on VJ, this one comes across as egregious. 

[mushroomspore 3,043]

1 minute ago, WeGuyGal said:

Not just off duty, I'm sure they have software to monitor forums. 

 

We see violations every so often on VJ, this one comes across as egregious. 

They definitely monitor this place. How could they not?? This place is free and is basically the same as social media. It's foolish to think they don't come on here to see what's going on.

 

I can't advise OP on what to do or how the case might go as the details are very specific and I personally don't know how to navigate such a case. But it is clear her sister violated immigration law. I want to give OP's sister the benefit of the doubt and to believe she genuinely did not want to stay at the time of entry. But she incurred immigrant intent the minute her overstay started and the intent only solidified the second she started working illegally. She may not have been fraudulent about her intentions at the time of entry but they BECAME fraudulent when she didn't leave at the appropriate time.

 

I can't say much about whether or not consular processing will overlook the transgressions, but the consulates still serve the US federal government and their laws. Even with spouses of US citizens, overstay and unauthorized work are "forgiven" but that doesn't allow anyone to pretend like those things never happened if they indeed did. And they definitely did in the sister's case. She may not have ever claimed to be a citizen on paper (as in, she never did things like register to vote or checked the "citizen" box at places like the DMV or whatever). But by working and living over a decade in the US, she was essentially trying to pass herself off as a permanent resident or citizen. Visa overstays are considered to be illegal immigration. Overstayers are deportable and it's crazy some people manage to overstay for as long as the sister did and for such a case to be rationalized as never possessing immigrant intent.

[Loren Y 2,753]

1 hour ago, SusieQQQ said:

CBP patrols the physical border (btw source for your number?)

uscis adjudicates cases of would-be immigrants 

and some people are seriously naive enough to use their real names or close enough on here*, making it easy enough for uscis to not have to expend too much effort

 

*this observation is not VJ-specific of course but while that may help scammers on other sites it helps the good guys here

https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics

 

Source of numbers. Just one of many.

 

For 2018 we are only half way through the year and almost at last year's total. 

Edited July 20, 2018 by Loren Y

[EM_Vandaveer 2,388]

58 minutes ago, WeGuyGal said:

What if a VJ member or a uscis monitor informed the appropriate folks in Montreal to deny this IV? 

It wouldn't matter. Either the whole "Canadians without an I-94 issued are admitted D/S and don't accrue unlawful presence/overstay unless an IJ declares it" loophole will work or it won't. OP isn't trying to keep it a secret that the sister lived in the US the last 12 years.

Personally, I am interested in the outcome & wish them good luck.

[Crazy Cat 41,288]

3 minutes ago, EM_Vandaveer said:

It wouldn't matter. Either the whole "Canadians without an I-94 issued are admitted D/S and don't accrue unlawful presence/overstay unless an IJ declares it" loophole will work or it won't. OP isn't trying to keep it a secret that the sister lived in the US the last 12 years.

Personally, I am interested in the outcome & wish them good luck.

Do you think overstay is the only issue here? 

[EM_Vandaveer 2,388]

1 minute ago, missileman said:

Do you think overstay is the only issue here? 

I don't know if she ever claimed to be a USC. If she did, game over, of course.

[Mollie09 1,543]

I'm very curious about the I-9 situation.

[SusieQQQ 11,586]

45 minutes ago, Loren Y said:

https://www.cbp.gov/newsroom/stats/cbp-enforcement-statistics

 

Source of numbers. Just one of many.

 

For 2018 we are only half way through the year and almost at last year's total. 

Oh that’s total inadmissibles, the way you phrased it I thought you meant the whole number referred to people trying to enter without inspection. Interesting numbers for sure, thanks for the link...

.. still entirely separate from what we are talking about uscis doing here though. Uscis has been making a big song and dance about all the green cards and even naturalizations they’ve revoked on finding people lied at some point to gain benefits (see their Facebook page, they love posting the stories) so it’s definiteky not that they just leave everything up to CBP to do the enforcement at the border.

[Ontarkie 14,143]

~~Two posts and those quoting said posts removed for TOS Violation. - Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.~~

[SusieQQQ 11,586]

1 hour ago, Mollie09 said:

I'm very curious about the I-9 situation.

Me too

 

im not overly familiar with family based timelijes as we switched to another visa type - what’s the typical length of time from documents at NVC till a CP interview?