13 Mo absence and Getting the Vax-help!

[tennisboy19 6]

1 hour ago, Mike E said:

If she is given a Notice to Appear (NTA) she should not leave the USA until she has met with a US attorney who exclusively practices immigration law. Going out on a limb here, but entering the USA after 14 months, being given a NTA and then leaving the USA for another several months, is just going to give the DHS prosecutor more ammunition in the case against her. 

 

Also the assertion someone else told you that CBP has discretion to refuse to let her into the USA is wrong.  CBP has discretion to consider her an arriving alien versus a returning resident.

 

above from https://www.aila.org/File/Related/18110604b.pdf 

At a CBP pre-clearance check point in Canada, since it isn't in there USA, I believe she can be denied boarding by CBP to fly. Fortunately there is a land border.

By far the most helpful post here, thank you. I knew CPB could not refuse to let her into the USA, appreciate you reiterating; and yes we will be going over via land.

And tbh though I hope the officer just lets us in without hassle, I would welcome a chance to explain these circumstances before a judge, even if we are given an NTA and leave right after (and/or attempt to come back in), because we can prove our ties are all in the US and the only reason we are here is because of COVID related circumstances.

[Lucky2Lucky 2,526]

5 hours ago, tennisboy19 said:

lol dont even know where to begin with this. so many false assumptions.

I don’t see any assumptions made?

I’m not sure why you are even asking this question if your lawyer and USCIS friends say you are fine. It sounds like you already had your answer.

[Loren Y 2,755]

I think you won't have a problem getting in one time. They will probably cut you some slack due to covid-19. But when you try to leave and enter like 2-3 more times in as many months, they are going to see that and that is when the issues will start. If you come in and stay for say 6 months or something before you leave again, you will be ok I think. This is just a opinion, the multiple exits and re-entry are what's going to be the issue I think.

[SusieQQQ 11,586]

14 hours ago, tennisboy19 said:

i don't believe so. mainly for practical reasons-no way a provincial health authority is talking to USCIS

Yet you claim your health insurance is in the US, and traveling twice to get a vaccine is somehow worth it, yet you’re clearly using Canadian on the assumption no-one will find out.

 

Yeah, sometimes trying to game the system works. Very often, it backfires.

[tennisboy19 6]

3 hours ago, SusieQQQ said:

Yet you claim your health insurance is in the US, and traveling twice to get a vaccine is somehow worth it, yet you’re clearly using Canadian on the assumption no-one will find out.

 

Yeah, sometimes trying to game the system works. Very often, it backfires.

Um, I didnt say we are using Canadian healthcare at all. The assumptions made on this thread are hilarious. 

[igoyougoduke 1,656]

4 minutes ago, tennisboy19 said:

Um, I didnt say we are using Canadian healthcare at all. The assumptions made on this thread are hilarious. 

oh dear,  what is the purpose of this thread if you know everything and you have friends and family everywhere in immigration and judicial system

Edited April 13, 2021 by igoyougoduke

[tennisboy19 6]

2 minutes ago, igoyougoduke said:

oh dear,  what is the purpose of this thread if you know everything and you have friends and family everywhere in immigration and judicial system

not what i said. but ok. 

[igoyougoduke 1,656]

1 minute ago, tennisboy19 said:

not what i said. but ok. 

what is the guidance you need when you know everything 

[Boiler 45,520]

4 minutes ago, tennisboy19 said:

Um, I didnt say we are using Canadian healthcare at all. The assumptions made on this thread are hilarious. 

You implied it.

[Mollie09 1,543]

Honestly, to me your wife clearly abandoned her US residence and took up residence back in Canada. You're just hoping that USCIS won't find out and are here looking for tips on how to evade that outcome.

Maybe CBP won't care. Maybe they will. Maybe they'll give her a NTA. Maybe they won't. We can't see the future any more than your lawyer and USCIS friends can. Good luck.

[SusieQQQ 11,586]

16 hours ago, tennisboy19 said:

By far the most helpful post here, thank you. I knew CPB could not refuse to let her into the USA, appreciate you reiterating; and yes we will be going over via land.

And tbh though I hope the officer just lets us in without hassle, I would welcome a chance to explain these circumstances before a judge, even if we are given an NTA and leave right after (and/or attempt to come back in), because we can prove our ties are all in the US and the only reason we are here is because of COVID related circumstances.

Lol, so selective, ‘helpful tells me what I want to hear” and ignore everyone else 🤷‍♀️ 
I really don’t understand why people do this. If you’re only going to listen to what you want to hear and what reinforces your belief that what you what to do is ok, and ignore everyone else, why bother wasting everyone’s time here?

 

Good luck with all that driving back and forth across the border.

 

[mushroomspore 3,044]

16 hours ago, tennisboy19 said:

By far the most helpful post here, thank you. I knew CPB could not refuse to let her into the USA, appreciate you reiterating; and yes we will be going over via land.

And tbh though I hope the officer just lets us in without hassle, I would welcome a chance to explain these circumstances before a judge, even if we are given an NTA and leave right after (and/or attempt to come back in), because we can prove our ties are all in the US and the only reason we are here is because of COVID related circumstances.

Yes they can. US citizens are the only ones guaranteed entry.

[Chancy 6,241]

 

[Crazy Cat 41,884]

17 hours ago, tennisboy19 said:

By far the most helpful post here

Interpretation:  "By far, the closest answer to what I want to hear."  😄

[TBoneTX 45,299]

The answers to the OP's questions were given on the first page of this thread.

There is no point to continuing the fruitless back-and-forth.

Accordingly, this thread is now closed to further comment.

Do not restart this topic or transport its drama to other threads.

 

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