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

[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.

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...................

never knew about the ban till we started the process. The POE gave me no information except a piece of paper when I was at the border. I was told to fill it out and send it in and than I was going to be allowed in. What an eye opening experience cause it was not what they said at all. It was my lawyer who informed me about the ban once we started the paperwork.

[new orleans bound 0]

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.

KitKat, what you write is very accurate. However in my case it was our lawyer contacted the POE to find out what actually happened. It was determined that I was out of status because I switched jobs but not visa. During the course of our application we came to find out that I actually received a ban. I received very little information after I was denied entry. The POE handed me a piece of paper, told me to fill it out, pay the fee and I would be allowed in. Not true. It wasn't until the lawyer got involved that we started finding things out. True the POE is not an accurate source of info but after my lawyer talked with some supervisor at the POE where I was denied entry, only than did we get info. I know that each case is different.

My understanding is that being present in the US out of status-by not changing one's work visa when changing jobs does result in a ban. However that information was given to me by my lawyer ( AND I stress my lawyer who is suppose to be an immigration lawyer, but they suck) and you can't always trust what they say. But I got banned and had to file a waiver. so my case is similar to Sutton but different and she might have not received a ban like I did for being out of status.

[Mr and Mrs Bird 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...................

never knew about the ban till we started the process. The POE gave me no information except a piece of paper when I was at the border. I was told to fill it out and send it in and than I was going to be allowed in. What an eye opening experience cause it was not what they said at all. It was my lawyer who informed me about the ban once we started the paperwork.

Before we applied for my K-1 visa I visited my fiance alot. The 4th time they did send me back at the POE because of my intensions even my plan was to return to my homecountry. They said I needed a K-1 visa first.

What I will say is that they didn't hand me anything. It was just words from the immigration officer.

But still they told me that now I was in their system and a possibility that I wouldn't be able to enter if I tried again.

My lawyer called the POE and were told that I was not banned but denied entry until my K-1 visa was approved.

We added this in my I-129 form and I didn't dare to risk to visit under this process.

[kitkat1 5]

KitKat, what you write is very accurate. However in my case it was our lawyer contacted the POE to find out what actually happened. It was determined that I was out of status because I switched jobs but not visa. During the course of our application we came to find out that I actually received a ban. I received very little information after I was denied entry. The POE handed me a piece of paper, told me to fill it out, pay the fee and I would be allowed in. Not true. It wasn't until the lawyer got involved that we started finding things out. True the POE is not an accurate source of info but after my lawyer talked with some supervisor at the POE where I was denied entry, only than did we get info. I know that each case is different.

My understanding is that being present in the US out of status-by not changing one's work visa when changing jobs does result in a ban. However that information was given to me by my lawyer ( AND I stress my lawyer who is suppose to be an immigration lawyer, but they suck) and you can't always trust what they say. But I got banned and had to file a waiver. so my case is similar to Sutton but different and she might have not received a ban like I did for being out of status.

New Orleans Bound, basd on what you've added here, it sounds like contacting the POE and attempting to get some additional information may be worth it. I agree that being present in the US out of status by not changing the work visa to the new employer does result in a ban. That's why I stated that what happened at the POE may not be the biggest issue because being out of status will likely result in a ban. So either way, a waiver appears to be necessary and depending on the consular findings, it will need to address each and every visa ineligibility. That may include the POE situation, TN visa violation and overstay, depending on the details.

[luvinmb 0]

My fiance was denied entry to the US from mexico when he was attempting to enter with his tourist visa. Basically they suspected that he was working during his visits and not just visiting. He openly admitted in secondary questioning that they were correct and he did perform work while visiting. They cancelled his tourist visa and denied him entry. They allowed him to withdraw his application for admission. They also told him that he had (1) no ban on his record because of this denial (2) he was free to apply again for a visa in one year.......Luckily I didn't take the legal advice of the border agent 100% and we spent the few months leading up to our initial interview preparing a waiver and hardship letter just in case. At his interview we were informed that he did have a ban and he would need the waiver. That the border agent made notations in my fiances file that he had "misrepresented" himself by working on his tourist visa.....So to make a long story short, we needed the waiver and are now ending our process of waiting, but at least we were prepared with a HSL and everything when told we were in need of one and eligible to file it. I suggest you do the same, because you never know what they actually put on your record in these incidents. But, also know that by preparing early and giving yourself plenty of time to gather documentation and evidence, you are making your approval chances much higher. The key to a successful waiver is good preparation, organization, documentation and honesty.......

[sutton 0]

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.

thanks again for info, i actaully ermailed my lawyer exact thing you stated to me. I have been on him since day 1 about my concerns with this matter and he reassured me that it would be fine but now i wonder. Another question i have was if i do need to file for waiver etc, this could take another yr, is that right? just curious, if me and chris married here in canada if we got denied............what process then will we have to go through?

thanks mary lou

[sutton 0]

KitKat, what you write is very accurate. However in my case it was our lawyer contacted the POE to find out what actually happened. It was determined that I was out of status because I switched jobs but not visa. During the course of our application we came to find out that I actually received a ban. I received very little information after I was denied entry. The POE handed me a piece of paper, told me to fill it out, pay the fee and I would be allowed in. Not true. It wasn't until the lawyer got involved that we started finding things out. True the POE is not an accurate source of info but after my lawyer talked with some supervisor at the POE where I was denied entry, only than did we get info. I know that each case is different.

My understanding is that being present in the US out of status-by not changing one's work visa when changing jobs does result in a ban. However that information was given to me by my lawyer ( AND I stress my lawyer who is suppose to be an immigration lawyer, but they suck) and you can't always trust what they say. But I got banned and had to file a waiver. so my case is similar to Sutton but different and she might have not received a ban like I did for being out of status.

New Orleans Bound, basd on what you've added here, it sounds like contacting the POE and attempting to get some additional information may be worth it. I agree that being present in the US out of status by not changing the work visa to the new employer does result in a ban. That's why I stated that what happened at the POE may not be the biggest issue because being out of status will likely result in a ban. So either way, a waiver appears to be necessary and depending on the consular findings, it will need to address each and every visa ineligibility. That may include the POE situation, TN visa violation and overstay, depending on the details.

ok I did exactly that. Chris, my fiance contacted immigration officer in the u.S. he checked my file and on his screen it stated what had happened that day when i was refused access. it never stated anything about a ban and told chris and i that there is no reason to be alarmed.

hopefully this is good news.

mary lou

[kitkat1 5]

ok I did exactly that. Chris, my fiance contacted immigration officer in the u.S. he checked my file and on his screen it stated what had happened that day when i was refused access. it never stated anything about a ban and told chris and i that there is no reason to be alarmed.

hopefully this is good news.

mary lou

Again, relying on information from the IO at the POE is not the best way to go about this. Luvinmb's story makes that clear -- "They also told him that he had (1) no ban on his record because of this denial (2) he was free to apply again for a visa in one year....." and they DID require a waiver meaning the POE information provided was NOT correct.

Did you overstay the date on your I-94 as well? This would be a second reason for needing a waiver in addition to the TN status violation.

If you are denied at the interview and need a waiver, and the waiver is also denied, you can certainly start all over again by getting married and going through the spousal visa petition process. You will still face the same ineligibility issues at the spousal visa consular interview and you will still require a waiver. It would probably make a lot more sense to appeal than to start over -- but you are getting way ahead of yourself.

Start by a consult with a qualified attorney. I cannot emphasize that enough.

[sutton 0]

ok I did exactly that. Chris, my fiance contacted immigration officer in the u.S. he checked my file and on his screen it stated what had happened that day when i was refused access. it never stated anything about a ban and told chris and i that there is no reason to be alarmed.

hopefully this is good news.

mary lou

Again, relying on information from the IO at the POE is not the best way to go about this. Luvinmb's story makes that clear -- "They also told him that he had (1) no ban on his record because of this denial (2) he was free to apply again for a visa in one year....." and they DID require a waiver meaning the POE information provided was NOT correct.

Did you overstay the date on your I-94 as well? This would be a second reason for needing a waiver in addition to the TN status violation.

If you are denied at the interview and need a waiver, and the waiver is also denied, you can certainly start all over again by getting married and going through the spousal visa petition process. You will still face the same ineligibility issues at the spousal visa consular interview and you will still require a waiver. It would probably make a lot more sense to appeal than to start over -- but you are getting way ahead of yourself.

Start by a consult with a qualified attorney. I cannot emphasize that enough.

i quit my job in july 2006 on my TN visa. I worked for AAirlines for 2 weeks (nov1-14, 2006). SO when i quit my TN visa job i was unemployed in U.S for 4 months except for my 3 weeks with AA. my TN never expired until feb 2007. i was home in canda long before then. AA also had a copy of my TN visa and knew it was from another company and they hired me anyway.

we already have a lawyer and he is researching this more for us.

[kitkat1 5]

i quit my job in july 2006 on my TN visa. I worked for AAirlines for 2 weeks (nov1-14, 2006). SO when i quit my TN visa job i was unemployed in U.S for 4 months except for my 3 weeks with AA. my TN never expired until feb 2007. i was home in canda long before then. AA also had a copy of my TN visa and knew it was from another company and they hired me anyway.

we already have a lawyer and he is researching this more for us.

The fact that you worked for someone else without USCIS approval is a TN visa violation. The fact that AA hired you anyway doesn't provide any defense for you - it's the TN holder's responsibility to meet the regulations of the visa.

In regard to overstay, it doesn't matter when your TN expired. It matters when your I-94 expired. If you overstayed your I-94, you had an overstay.

Since your lawyer "assured you that you will be fine" and it's 100% clear that you will not be fine, it might not hurt for you to consult a different lawyer - one who has experience with TN visa violations, overstays, denials at the POE and waivers in Canada. Doesn't sound like your lawyer is too clued in on these issues.

[sutton 0]

i quit my job in july 2006 on my TN visa. I worked for AAirlines for 2 weeks (nov1-14, 2006). SO when i quit my TN visa job i was unemployed in U.S for 4 months except for my 3 weeks with AA. my TN never expired until feb 2007. i was home in canda long before then. AA also had a copy of my TN visa and knew it was from another company and they hired me anyway.

we already have a lawyer and he is researching this more for us.

The fact that you worked for someone else without USCIS approval is a TN visa violation. The fact that AA hired you anyway doesn't provide any defense for you - it's the TN holder's responsibility to meet the regulations of the visa.

In regard to overstay, it doesn't matter when your TN expired. It matters when your I-94 expired. If you overstayed your I-94, you had an overstay.

Since your lawyer "assured you that you will be fine" and it's 100% clear that you will not be fine, it might not hurt for you to consult a different lawyer - one who has experience with TN visa violations, overstays, denials at the POE and waivers in Canada. Doesn't sound like your lawyer is too clued in on these issues.

i am going to talk to that lawyer scott in the interview on wed. I am not even exactly sure what I 94 is. AND now to top it all off, i got offered job in vancouver and may add more fuel to fire and ask for for file to be transferrd. Oh and another thing, if i visit chris in 2 weeks, if i had a ban then i guess i would quickly find out once i tried to cross.......right?

[kitkat1 5]

Laurel's chat is filled with questions and many are not answered. It would be a lot smart, IMO, to schedule a phone or email consult -- your case is much too complicated to not have a real consultation.

The I-94 is the form that was provided to you at the Port of Entry when you first came in on your TN visa. It provided you with the exact duration of stay = the time you were legally allowed to be in the US. This date is the most important date -- NOT your TN Visa expiration date.

Have you read any of the TN regulations? That might help to clarify for you the issues you are facing.

[sutton 0]

Laurel's chat is filled with questions and many are not answered. It would be a lot smart, IMO, to schedule a phone or email consult -- your case is much too complicated to not have a real consultation.

The I-94 is the form that was provided to you at the Port of Entry when you first came in on your TN visa. It provided you with the exact duration of stay = the time you were legally allowed to be in the US. This date is the most important date -- NOT your TN Visa expiration date.

Have you read any of the TN regulations? That might help to clarify for you the issues you are facing.

OK...................i entered U.s feb 6 2006 and was allowed to stay for 1yr. i left 2 times in 9 months. the last time i left i stayed out.................i still had valid TN

[kitkat1 5]

OK...................i entered U.s feb 6 2006 and was allowed to stay for 1yr. i left 2 times in 9 months. the last time i left i stayed out.................i still had valid TN

one more time: THE EXPIRATION DATE ON YOUR TN VISA DOES NOT EQUAL YOUR AUTHORIZED DURATION OF STAY.

You need to know the date on the I-94 in order to know if you overstayed.

[sutton 0]

OK...................i entered U.s feb 6 2006 and was allowed to stay for 1yr. i left 2 times in 9 months. the last time i left i stayed out.................i still had valid TN

one more time: THE EXPIRATION DATE ON YOUR TN VISA DOES NOT EQUAL YOUR AUTHORIZED DURATION OF STAY.

You need to know the date on the I-94 in order to know if you overstayed.

do you know where i can obtain that info from?