Canadian citizen, immigrant visa to the USA and some issues

[KKira 1]

I also found this one: 

 

What are the Advantages to Consular Processing? 

Unauthorized employment bars adjustment of status.  Section 245(c) of the Immigration and Nationality Act says that adjustment of status in the United States is not available to an alien who ?accepts unauthorized employment prior to filing an application for adjustment of status … or who has failed … to maintain continuously a lawful status since entry into the United States …?  This makes you statutorily ineligible for the process of ?adjustment?; it means that you are ineligible to obtain your green card in the United States.  

But this is not a problem when you obtain your immigrant visa through a consular office outside the United States.  The Consul applies a different set of laws and there is no problem with unauthorized employment when you obtain your visa through consular processing.  Furthermore, the Immigration and Naturalization Service (INS) has the discretion whether or not to grant adjustment of status.  On the other hand, the American consul must issue the visa unless he or she finds that you are disqualified.  This means that if you do not have AIDS or tuberculosis, if you are not a user or abuser of narcotics, or a prostitute or a communist, if you are not a smuggler or a terrorist, and if you have all the right papers then you will obtain the visa.  The consuls see their jobs as issuing visas.  The INS officers see their jobs as enforcing the immigration laws.  Granting of benefits is a low priority to immigration officers. 

[NigeriaorBust 4,087]

  Your sister doesn't have a qualifying relative for a waiver , you aren't , so who is she relying on ? 

[Crazy Cat 42,209]

I don't think misrepresentation is nullified by consular processing.

[KKira 1]

9 minutes ago, NigeriaorBust said:

  Your sister doesn't have a qualifying relative for a waiver , you aren't , so who is she relying on ? 

But does she need a waiver? 

My mother and father are both US citizens. 

 

My sister's situation is very similar to the one I copied from USCIS/AAO website. And as you can see it was not necessary to even apply for a waiver. 

 

She did not claim a US citizenship. She did not use her previous passport with a B2 visa - she was admitted like any F/J person... 

 

 

Edited July 19, 2018 by KKira

[NigeriaorBust 4,087]

   But she has worked illegally ?  Collected benefits illegally  ..   Maybe claimed citizenship to get benefits  ?

[SusieQQQ 11,587]

51 minutes ago, KKira said:

She is not applying for an adjustment of status. She is applying for an immigrant visa. Please see the AAO decision that I posted a few moments ago. 

So she’s going back to Canada to do CP?

by the way has she paid taxes on her illegal work?

 

 

[SusieQQQ 11,587]

Well if you’re right, it’s just breathtaking that someone can live and work illegally for 13 years in the US and face no negative consequences after gaming the system the way you suggest. Makes you understand some of the anti immigrant sentiment that hurts the rest of us too. 

Edited July 19, 2018 by SusieQQQ

[Crazy Cat 42,209]

1 minute ago, SusieQQQ said:

Well if you’re right, it’s just breathtaking that someone can live and work illegally for 13 years in the US and face no negative consequences. Makes you understand some of the anti immigrant sentiment that hurts the rest of us too. 

I was just thinking exactly the same thing.........come to the US as a tourist, overstay, work illegally for years..........misrepresentation of purpose of "visiting"?  smh....

[SusieQQQ 11,587]

Just now, missileman said:

I was just thinking exactly the same thing.........come to the US as a tourist, overstay, work illegally for years..........misrepresentation of purpose of "visiting"?  smh....

Makes the rest of us who bother to do everything right look like total idiots, huh?

[acidrain 325]

There are so many components it's difficult to predict an outcome. Has your sister declared everything on her immigration petition? I could see all sorts of questions for what she has done.

 

When was your petition filed? Before or after she decided to "stay". If you filed a petition before she crossed the border with the intent to stay isn't that outright fraud (misrepresentation)? Or did you file a petition after she arrived?

 

Your sister overcame one illegal entry. I guess it depends on whether this last entry is considered legal or an overstay.

 

I'm confused when you say she's getting an immigrant visa from the consulate. Did you apply inside or outside the US? If inside she needs a legal entry she can prove and they will look at the i-94. Either it will have a specific date or D/S but until you know that information nobody knows her current status. If there is a specific date she's overstayed and if there is no record of an i94 then there is no legal entry.

Edited July 19, 2018 by acidrain

[KKira 1]

41 minutes ago, NigeriaorBust said:

   But she has worked illegally ?  Collected benefits illegally  ..   Maybe claimed citizenship to get benefits  ?

 

She did not collect any benefits, never claimed a US citizenship. She worked, paid taxes (had social issued by the bank when she came to the States for the first time). 

[Crazy Cat 42,209]

5 minutes ago, KKira said:

 

She did not collect any benefits, never claimed a US citizenship. She worked, paid taxes (had social issued by the bank when she came to the States for the first time). 

What was the stated purpose for the entry into the US when she worked?

Edited July 19, 2018 by missileman

[SusieQQQ 11,587]

8 minutes ago, KKira said:

 

She did not collect any benefits, never claimed a US citizenship. She worked, paid taxes (had social issued by the bank when she came to the States for the first time). 

So it is totally undisputed that she violated the terms of her status then.

[KKira 1]

18 minutes ago, acidrain said:

There are so many components it's difficult to predict an outcome. Has your sister declared everything on her immigration petition? I could see all sorts of questions for what she has done.

 

When was your petition filed? Before or after she decided to "stay". If you filed a petition before she crossed the border with the intent to stay isn't that outright fraud (misrepresentation)? Or did you file a petition after she arrived?

It was filed in 2001. But how is that outright fraud if she came here a few years later, and she has never tired to adjust her status in the US. From the beginning the petition was marked as consular processing via Canada. 

 

 

18 minutes ago, acidrain said:

 

Your sister overcame one illegal entry. I guess it depends on whether this last entry is considered legal or an overstay.

 

I'm confused when you say she's getting an immigrant visa from the consulate. Did you apply inside or outside the US? If inside she needs a legal entry she can prove and they will look at the i-94. Either it will have a specific date or D/S but until you know that information nobody knows her current status. If there is a specific date she's overstayed and if there is no record of an i94 then there is no legal entry.

Canadians, as you can read from the above posts and from the USCIS website, mostly did not receive I-94 at the border until I think 2013. Now they are in the system, but years ago, they did not receive I-94. 

I found about it on VJ: 

 

I realize this is an old topic, but I have been searching for info related to Canadians not receiving I-94's and came across the following, from The United States Embassy Consular Services Canada website:

USA Arrival-Departure Record (Form I-94)

 

Not Applicable to Canadian Citizens

Canadians who travel to the United States as tourists or on business generally do not need a Form I-94.

 

 

[KKira 1]

1 hour ago, SusieQQQ said:

So she’s going back to Canada to do CP?

by the way has she paid taxes on her illegal work?

 

 

That's exactly what I said: she wants to come back to Canada as her case is already completed by NVC. And because she was not found inadmissible by the judge or immigration officer, she has no 3 /10 ban. 

 

Yes, she paid taxes.