sec 212a7A(i)(I)..............allowed to withdrawl application

[sutton 0]

Hey everyone. I have a question. We are waiting on our ininterview in montreal for our K1 fiance visa. Before we applied for our visa I had a situation at border crossing in Toronto. This is what happened: i was working in U.S on a TN visa, i quit the job and went working for another company( american airlines) with the same visa. American airlines said my tn was not expired so it was ok for me to work for them, my fiance also checked with a friend of his who is a custom agent and again they said as long as my tn was not expired i could work for another company. I worked for 3 weeks and my fiance and i came to canada for a holiday. When we returned to the U.S, the immigration officer looked at my visa and asked was I still working for the same company. I told him NO, i now work for A airlines. He told me i was not allowed to do this. He sent me into questioning. I expalined to them that my Boyfriend and i checked into this and also that american airlines told me it was OK. He told me i was misinformed and he also called american airlines on the spot and told them that it was illigeal for them to hire me on another companies visa.

He then explained to me that I would not be able to enter U.s that day. I came back home to newfoundland and we were devastated. We were planning on getting engaged when we went back and the purpose of our trip was to meet my family before we got engaged. a month later, chris returned to candaa and we got engaged and started our K1 process.

The immigration slip states that i was allowed to withdrawl application per sec 212a7AiI....................I need to know will this affect me at my interview and also I am planning on visiting chris in 2 weeks. I havent tried to visit since this happened in NOV. I have waitied 8 months. Will I have a problem crossing again now. i have bill slips, letter from my employer, as well as scheduled appointment i need to return for to remove stitches as I just had surgery.

i am sorry all this was so long but could someone answer it for me especially about sec 212a.

thanks so much

mary lou

[new orleans bound 0]

Hey everyone. I have a question. We are waiting on our ininterview in montreal for our K1 fiance visa. Before we applied for our visa I had a situation at border crossing in Toronto. This is what happened: i was working in U.S on a TN visa, i quit the job and went working for another company( american airlines) with the same visa. American airlines said my tn was not expired so it was ok for me to work for them, my fiance also checked with a friend of his who is a custom agent and again they said as long as my tn was not expired i could work for another company. I worked for 3 weeks and my fiance and i came to canada for a holiday. When we returned to the U.S, the immigration officer looked at my visa and asked was I still working for the same company. I told him NO, i now work for A airlines. He told me i was not allowed to do this. He sent me into questioning. I expalined to them that my Boyfriend and i checked into this and also that american airlines told me it was OK. He told me i was misinformed and he also called american airlines on the spot and told them that it was illigeal for them to hire me on another companies visa.

He then explained to me that I would not be able to enter U.s that day. I came back home to newfoundland and we were devastated. We were planning on getting engaged when we went back and the purpose of our trip was to meet my family before we got engaged. a month later, chris returned to candaa and we got engaged and started our K1 process.

The immigration slip states that i was allowed to withdrawl application per sec 212a7AiI....................I need to know will this affect me at my interview and also I am planning on visiting chris in 2 weeks. I havent tried to visit since this happened in NOV. I have waitied 8 months. Will I have a problem crossing again now. i have bill slips, letter from my employer, as well as scheduled appointment i need to return for to remove stitches as I just had surgery.

i am sorry all this was so long but could someone answer it for me especially about sec 212a.

thanks so much

mary lou

Mary Lou,

My name is Joanna and I'm pressed for time, but I was in the same boat as you. I will email you later, but I have much to tell you about this road that you are embarking on. Get ready for a long wiat ahead. Not trying to scare you but I've been dealing with US immigration for three years and there's still njo end in sight for us.

[Mr and Mrs Bird 0]

Hey everyone. I have a question. We are waiting on our ininterview in montreal for our K1 fiance visa. Before we applied for our visa I had a situation at border crossing in Toronto. This is what happened: i was working in U.S on a TN visa, i quit the job and went working for another company( american airlines) with the same visa. American airlines said my tn was not expired so it was ok for me to work for them, my fiance also checked with a friend of his who is a custom agent and again they said as long as my tn was not expired i could work for another company. I worked for 3 weeks and my fiance and i came to canada for a holiday. When we returned to the U.S, the immigration officer looked at my visa and asked was I still working for the same company. I told him NO, i now work for A airlines. He told me i was not allowed to do this. He sent me into questioning. I expalined to them that my Boyfriend and i checked into this and also that american airlines told me it was OK. He told me i was misinformed and he also called american airlines on the spot and told them that it was illigeal for them to hire me on another companies visa.

He then explained to me that I would not be able to enter U.s that day. I came back home to newfoundland and we were devastated. We were planning on getting engaged when we went back and the purpose of our trip was to meet my family before we got engaged. a month later, chris returned to candaa and we got engaged and started our K1 process.

The immigration slip states that i was allowed to withdrawl application per sec 212a7AiI....................I need to know will this affect me at my interview and also I am planning on visiting chris in 2 weeks. I havent tried to visit since this happened in NOV. I have waitied 8 months. Will I have a problem crossing again now. i have bill slips, letter from my employer, as well as scheduled appointment i need to return for to remove stitches as I just had surgery.

i am sorry all this was so long but could someone answer it for me especially about sec 212a.

thanks so much

mary lou

Hi Mary Lou

I have not been in same situation as you, but I know that while I was waiting for my I-601 waiver to be approved I couldn't cross the border. It affected my interview for a K-1 visa and was denied until the waiver was approved which lasted me 8 month. When is your interview?

Anette

[sutton 0]

Hey everyone. I have a question. We are waiting on our ininterview in montreal for our K1 fiance visa. Before we applied for our visa I had a situation at border crossing in Toronto. This is what happened: i was working in U.S on a TN visa, i quit the job and went working for another company( american airlines) with the same visa. American airlines said my tn was not expired so it was ok for me to work for them, my fiance also checked with a friend of his who is a custom agent and again they said as long as my tn was not expired i could work for another company. I worked for 3 weeks and my fiance and i came to canada for a holiday. When we returned to the U.S, the immigration officer looked at my visa and asked was I still working for the same company. I told him NO, i now work for A airlines. He told me i was not allowed to do this. He sent me into questioning. I expalined to them that my Boyfriend and i checked into this and also that american airlines told me it was OK. He told me i was misinformed and he also called american airlines on the spot and told them that it was illigeal for them to hire me on another companies visa.

He then explained to me that I would not be able to enter U.s that day. I came back home to newfoundland and we were devastated. We were planning on getting engaged when we went back and the purpose of our trip was to meet my family before we got engaged. a month later, chris returned to candaa and we got engaged and started our K1 process.

The immigration slip states that i was allowed to withdrawl application per sec 212a7AiI....................I need to know will this affect me at my interview and also I am planning on visiting chris in 2 weeks. I havent tried to visit since this happened in NOV. I have waitied 8 months. Will I have a problem crossing again now. i have bill slips, letter from my employer, as well as scheduled appointment i need to return for to remove stitches as I just had surgery.

i am sorry all this was so long but could someone answer it for me especially about sec 212a.

thanks so much

mary lou

Hi Mary Lou

I have not been in same situation as you, but I know that while I was waiting for my I-601 waiver to be approved I couldn't cross the border. It affected my interview for a K-1 visa and was denied until the waiver was approved which lasted me 8 month. When is your interview?

Anette

we are waiting on interview and it probably will not be until Nov with the damn back up in montreal. i was reading about waivers and was just curious if i would need one or not. I was never charged with anything, just misinformed about switching positions. Ironically, my finace chris is a police officer and his friend was the custom officer who told me it would not be a problem to change companies..................it is so confusing.

[Mr and Mrs Bird 0]

Hi again

Ok At least you have time to prepare something for the interview.

I am very sorry for your situation and hope so much that Kitkat will come by and can maybe answer your question.

I am not sure if you really need a waiver or not.

But if you do, then it is a very good thing to be prepared before the interview.

I was denied at the interview and should start from there to submit this waiver and the reason it took me such a long time.

As I can see there is some misunderstandness between companies and I hope you can prove this. As also you are really misinformed.

Anette

[sutton 0]

Hi again

Ok At least you have time to prepare something for the interview.

I am very sorry for your situation and hope so much that Kitkat will come by and can maybe answer your question.

I am not sure if you really need a waiver or not.

But if you do, then it is a very good thing to be prepared before the interview.

I was denied at the interview and should start from there to submit this waiver and the reason it took me such a long time.

As I can see there is some misunderstandness between companies and I hope you can prove this. As also you are really misinformed.

Anette

why did you need waiver. KIT KAT? who is that.

[Mr and Mrs Bird 0]

Hi again

Ok At least you have time to prepare something for the interview.

I am very sorry for your situation and hope so much that Kitkat will come by and can maybe answer your question.

I am not sure if you really need a waiver or not.

But if you do, then it is a very good thing to be prepared before the interview.

I was denied at the interview and should start from there to submit this waiver and the reason it took me such a long time.

As I can see there is some misunderstandness between companies and I hope you can prove this. As also you are really misinformed.

Anette

why did you need waiver. KIT KAT? who is that.

I needed a waiver because I had a conviction for 2 decades ago. Nothing serius but enough for the immigration rules.

Kitkat is a person in this forum there is vey good with experiense in immigration laws. There are other persons too. But she helped me alot

[new orleans bound 0]

we are waiting on interview and it probably will not be until Nov with the damn back up in montreal. i was reading about waivers and was just curious if i would need one or not. I was never charged with anything, just misinformed about switching positions. Ironically, my finace chris is a police officer and his friend was the custom officer who told me it would not be a problem to change companies..................it is so confusing.

Mary Lou, let be start from the begining, it will shed some light on our cases. I was working in the US on a TN as a nurse. My contract ended and I got a new job at a different hospital on what I thought was a VAILD work TN visa. In July I went to the Border and I got denied entry because that was not allowed. At that point I was engaged to be married in Septembert. I was given a 3 year ban for working in the states and being there illegaly. I tried arguing my case with them, stating that it was a vaild work visa and no-one told me different. This was the start of a long process. We got our I-129 and I-130 off and finally got an interview 1 year later. At that point we had to file a waiver to overrule the ban for my overstay. When I went to the interview out Lawyer prepared some documents argueing a point that I was not illegaly present in the US because my TN was still valid. I went to renew one month before it expired. That was not successful and we had to file the full I-601 waiver. And currently we're trying to get something done, as three years have passed and nothing yet. I would advised you to go to that interview prepared with a waiver packet. And youe I212 paperwork filed out. The worst thing to do is show up in Montreal un prepared by not having the paperwork with you. If you don't need it than that's great but if you do, not having it will dealy your case. Contact a lawyer who knows about us immigration and can help you prepare the waiver packet. If you need help email me and I'll try to help you out. This site has a lot of useful info too. Good luck.

[new orleans bound 0]

Mary Lou can you contact the POE where you were denied to find out if you did receive a ban or anything. I would strongly suggest on getting informed before you go to your interview.

[sutton 0]

Mary Lou can you contact the POE where you were denied to find out if you did receive a ban or anything. I would strongly suggest on getting informed before you go to your interview.

no i am not ban, they explained to me to prove strong ties to canada and i could enter the U.S, but that was before i applied for k1 visa. so did they ban you? you said your situation was similar to my TN visa.............what is your situation/ did your TN expire?

thanks

[sutton 0]

Mary Lou can you contact the POE where you were denied to find out if you did receive a ban or anything. I would strongly suggest on getting informed before you go to your interview.

no i am not ban, they explained to me to prove strong ties to canada and i could enter the U.S, but that was before i applied for k1 visa. so did they ban you? you said your situation was similar to my TN visa.............what is your situation/ did your TN expire?

thanks

sorry i never saw you last post...................

[sutton 0]

Mary Lou can you contact the POE where you were denied to find out if you did receive a ban or anything. I would strongly suggest on getting informed before you go to your interview.

no i am not ban, they explained to me to prove strong ties to canada and i could enter the U.S, but that was before i applied for k1 visa. so did they ban you? you said your situation was similar to my TN visa.............what is your situation/ did your TN expire?

thanks

sorry i never saw you last post...................

so when exactly did you get married? and where? we already have an immigration lawyer and he said i would not have a problem with it because my TN was still valid for feb6 2007. I changed jobs in nov. I only worked for the other company for 3 weeks when i came home on vacation. I explained at bordrr entry that i no longer worked for the company who hired me. The immigration officer wrote a file saying i was misinformed and that i am allowed to wirthdrawl my application.....................nothing about a ban.......etc.

this entire process is driving me crazy, chris comes back and forth and now that is becoming problem due to no holidays left. That is why i am planning to go there in 2 weeks, i guess i will know then if i will have problem or not. So I can actaully call toronto and see if I can cross over? thanks for info

[kitkat1 5]

no i am not ban, they explained to me to prove strong ties to canada and i could enter the U.S, but that was before i applied for k1 visa.

Sutton

A few things you need to understand.

1) You cannot rely on a customs agent to advise you on immigration law (even though it sure seems they would know). Many agents make mistakes and allow people into the country when they should not be allowed in or deny entry to people when they don't believe their proof of non-immigrant intent, etc.

2) Does your lawyer have specific experience working with people who came into the country with a TN visa and switched companies? This is a crucial detail. You do not want to be a guinea pig.

3) Whether or not the officer at the POE told you that you had a ban or did not tell you if you had a ban does not matter. When you get to the consular interview, if they determine that you have a ban, you have one.

4) A simple search on the regulations of TN Visas states:

Q. Can I change employers with a TN?

A. Yes, but your new employer must get the TN approved by the USCIS before you begin your employment. Canadian citizens may also submit a new TN application package showing the new employer at the border, as described above.

Q. Can I start work with a new employer once the TN petition is filed with the USCIS?

A. No, "portability" does not apply to people in TN visa status. An actual approval notice or new Form I-94 (for Canadians) must be issued by the USCIS.

This makes it rather clear that your three weeks of employment with an employer who did not sponsor your TN was not legal and the border agent at the POE gave you accurate and correct legal information.

5) INA §212(a)(7)(A)(i) says:

any immigrant who, at the time of application for admission:

who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations whose visa has been issued without compliance with the provisions of the Immigration and Nationality Act, is excludable.

Separately from whether or not being allowed to withdraw your application results in a bar, your situation seems to indicate that by working for someone other than the sponsoring employer you will have two violations; failure to maintain status and employment without authorization. The employment without authorization may not be a big issue, but the failure to maintain will be and most likely will require a waiver. Waivers in Canada typically take a long time - around 10-12 months.

I suggest you consult with a qualified, experienced immigration attorney -- someone who knows the rules of TN visas and has experience in waivers. Highly recommended are Laurel Scott and Heather Poole. Laurel Scott's site (www.visacentral.net) has a very detailed memo on 601 waivers and she holds a free chat weekly on Wednesdays at 11:00.

[sutton 0]

no i am not ban, they explained to me to prove strong ties to canada and i could enter the U.S, but that was before i applied for k1 visa.

Sutton

A few things you need to understand.

1) You cannot rely on a customs agent to advise you on immigration law (even though it sure seems they would know). Many agents make mistakes and allow people into the country when they should not be allowed in or deny entry to people when they don't believe their proof of non-immigrant intent, etc.

2) Does your lawyer have specific experience working with people who came into the country with a TN visa and switched companies? This is a crucial detail. You do not want to be a guinea pig.

3) Whether or not the officer at the POE told you that you had a ban or did not tell you if you had a ban does not matter. When you get to the consular interview, if they determine that you have a ban, you have one.

4) A simple search on the regulations of TN Visas states:

Q. Can I change employers with a TN?

A. Yes, but your new employer must get the TN approved by the USCIS before you begin your employment. Canadian citizens may also submit a new TN application package showing the new employer at the border, as described above.

Q. Can I start work with a new employer once the TN petition is filed with the USCIS?

A. No, "portability" does not apply to people in TN visa status. An actual approval notice or new Form I-94 (for Canadians) must be issued by the USCIS.

This makes it rather clear that your three weeks of employment with an employer who did not sponsor your TN was not legal and the border agent at the POE gave you accurate and correct legal information.

5) INA §212(a)(7)(A)(i) says:

any immigrant who, at the time of application for admission:

who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations whose visa has been issued without compliance with the provisions of the Immigration and Nationality Act, is excludable.

Separately from whether or not being allowed to withdraw your application results in a bar, your situation seems to indicate that by working for someone other than the sponsoring employer you will have two violations; failure to maintain status and employment without authorization. The employment without authorization may not be a big issue, but the failure to maintain will be and most likely will require a waiver. Waivers in Canada typically take a long time - around 10-12 months.

I suggest you consult with a qualified, experienced immigration attorney -- someone who knows the rules of TN visas and has experience in waivers. Highly recommended are Laurel Scott and Heather Poole. Laurel Scott's site (www.visacentral.net) has a very detailed memo on 601 waivers and she holds a free chat weekly on Wednesdays at 11:00.

i would

at the POE i still had my TN visa. i told them truth and that is when they took it. while i was sitting with officer he called American airlines there and then and informed them that they were not allowed to hire me. He stated that i would be allowed to travel to u.s again as long as i prove strong ties to canada. I quit my job in july and was home in Nov so if they do consider it an overstay it was only 4 months.

Do you know if i can contacft POE in Toronto and ask them if i have been banned. I thought all that would have been bought up while the case was being processed, but everything to date was approved. My immigration lawyer said that there should not be a problem due to us being honest about entire situation.

so what you are saying is that i can apply for a waiver even before interview if i need one? thanks for your reply.

mary lou

[kitkat1 5]

1) Once again, you cannot rely on a POE agent to advise you on immigration law. Since they process thousands of people daily, I highly doubt they will be able to find your specific information. But a qualified immigration lawyer should be able to explain it to you. In any event, as I stated, what happened at the POE does not appear to be the most important issue. The issue is the apparent violation of the regulations of the TN visa. As it was explained to you, American Airlines was not allowed to hire you without going through the proper process. When you worked for them, you were in violation of the regulations of your visa.

2) Nothing is brought up during processing of the visa petition. The only requirements of a I-129F visa petition are that the petitioner proves s/he is a USC and therefore qualified to file the petition, and that the petitioner proves the two people have met in person in the previously two years. Even visa petitions filed for illegal immigrant beneificiaries are approved. An approved petition is only approval for you to have the privilege of a consular interview.

The problem is not with petition processing -- it will be at the consular interview. Your lawyer is wrong. Being honest about the situation does not mean you won't have a problem - it only means you won't be charged with misrepresentation.

3) TN visas do not allow even ONE day of overstay beyond what is on your I-94 -- did you leave before your I-94 expired?

See TN Visa regulations: http://travel.state.gov/visa/temp/types/types_1274.html#3

For nonimmigrants in the U.S. who have an Arrival-Departure Record, Form I-94 with the CBP admitting officer endorsement of Duration of Status or D/S, but who are no longer performing the same function in the U.S. that they were originally admitted to perform (e.g. you are no longer working for the same employer or you are no longer attending the same school), a DHS or an immigration judge makes a finding of status violation, resulting in the termination of the period of authorized stay.

What I am trying to make clear to you is that even if you had no overstay, and even if the situation at the POE does not require a waiver, it seems you have a TN visa violation -- failure to maintain status.

4) If you require a waiver, it cannot be filed in advance -- you must wait until the denial at the interview because they first need to determine that you are eligible for a waiver. Your fiance would have to submit the hardship letter proving, with evidence and documentation, extreme hardship to him if the visa is ultimately denied and he had to relocate to Canada. Then you wait out waiver adjudication.

5) Again, I strongly recommend you find yourself a qualified, experienced attorney who can address both the POE issue and the TN violation issue, as well as explain to you what will happen at the interview and the chances of needing a waiver. You have a complicated case - you need competent counsel.