Hockey or wait?!

[djc 0]

That pretty much stinks if he can't even apply for a different visa. I think you should ask a someone qualified about that before you totally rule it out, though.

Well, he will definitely be pulled over again if/when he tries to visit. But the past two times, they said he could try again with more documents. I think it's worth a shot to try to visit again. If he gets turned back for the third time, the officers can probably tell him what exactly he could bring and he could explain the situation, maybe they will come up with alternate proof for him to bring.

[thermophile 0]

this won't help with getting him working in the US. But why doesn't you husband and his parents fill out a lease agreement? I'm sure that you could find a decent generic lease form somewhere on the web. That way he'd at least have proof of residence in Canada for the next time that he tries to visit.

Being denied at the border sucks but I don't think you can be banned just because you've been denied X times. Since you don't have to be proved guilty of anything to be denied, I don't think that any long term punishment can be metted out. Even though his buddy said that he was going to work in the states, he didn't. Therefore, he didn't actually commit any crime that would result in a ban.

[misa 2]

Nope, you can't get "banned" unless you've actually done something and been caught (prior overstay, EWI, misrepresentation, etc.).

You can be flagged for lack of ties as well as, "come back when you have your K1/K3/CR-1/etc. visa" which has happened to people here before.

[kcmetzy 0]

Hmm...interesting..

I'm almost thinking...what the hay..give it a shot..

Of course, I would like to talk to a lawyer or someone who is familiar with the law aspect of it but if the worst thing they say is "do not try again until your CR1 is complete" then that is fine with us. He has no intention of visiting, it really is too much of a pain and money for 2 weeks of visiting. If there is an inkling of hope that he might be able to stay and work (hockey) THEN it's worth the trouble. His job is flexible enough that if he's denied at the border then he can go back to work. It's not like he has to be hired back. He would probably just fly down and maybe that would be ties to Canada...he's got two freakin' vehicles, and everything else he owns back home, we promise, he will go back!! Not like ya'll would really care, but I'll let you know what we decide. Thanks!

Real quick...1R5FORMUMSIE what does DH mean?? I know you are talking about my husband, but I don't know what DH stands for! I'm kinda clueless..sorry hehe

Nope, you can't get "banned" unless you've actually done something and been caught (prior overstay, EWI, misrepresentation, etc.).

You can be flagged for lack of ties as well as, "come back when you have your K1/K3/CR-1/etc. visa" which has happened to people here before.

Edited September 20, 2007 by kcmetzy

[IR5FORMUMSIE 850]

Hmm...interesting..

I'm almost thinking...what the hay..give it a shot..

Of course, I would like to talk to a lawyer or someone who is familiar with the law aspect of it but if the worst thing they say is "do not try again until your CR1 is complete" then that is fine with us. He has no intention of visiting, it really is too much of a pain and money for 2 weeks of visiting. If there is an inkling of hope that he might be able to stay and work (hockey) THEN it's worth the trouble. His job is flexible enough that if he's denied at the border then he can go back to work. It's not like he has to be hired back. He would probably just fly down and maybe that would be ties to Canada...he's got two freakin' vehicles, and everything else he owns back home, we promise, he will go back!! Not like ya'll would really care, but I'll let you know what we decide. Thanks!

Real quick...1R5FORMUMSIE what does DH mean?? I know you are talking about my husband, but I don't know what DH stands for! I'm kinda clueless..sorry hehe

Nope, you can't get "banned" unless you've actually done something and been caught (prior overstay, EWI, misrepresentation, etc.).

You can be flagged for lack of ties as well as, "come back when you have your K1/K3/CR-1/etc. visa" which has happened to people here before.

DH is usually short for Dear Husband or Dam Half-Wit, or whatever you like to call your spouse. We do actually care about what happens, since many of us have some crazy situations we're dealing with and someone else's success brings hope to us all.

I really can't see any downside to trying to enter the US. What's the worst thing that can happen? He gets refused and is asked to bring more documentation. What's the upside? He gets to spend more time with the wife, so why not go 4 it!

[warlord 73]

Yes he is ineligible to even apply for any H or I-94 type status or visas now as he's married. You'll need to get all the details in order now to immigrate him to the US. This of course won't be in the near future either. I agree, this season is unfortuantly out. Even if he was able to get to the US and into it you would then need to file the AOS package and he'd have to wait for the EAD to come in to be able to work.

Now that he's been denied there will be a flag on him next attempt though the border and they'll be heavily questioning him. Basically they know he's married now and will want the proper documents. So you're kind of stuck now...

Why would being married to a U.S. citizen preclude him from getting an H-type visa? Hs are dual intent.

True I mis wrote that. He can I think apply for a H visa, however isn't the cap already filled? And I believe it's in Oct when it has to be done which right now in their situation is too close to attempt to get a H visa. Plus what would the basis of the H visa be on? I don't think Hockey Player qualifies...

[warlord 73]

Well a hockey player job doesn't qualifiy under a H visa:

H-1B classification applies to persons in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This classification requires a labor attestation issued by the Secretary of Labor (65,000). This classification also applies to Government-to-Government research and development, or co-production projects administered by the Department of Defense (100);

H-2A classification applies to temporary or seasonal agricultural workers;

H-2B classification applies to temporary or seasonal nonagricultural workers. This classification requires a temporary labor certification issued by the Secretary of Labor (66,000);

So he could apply for one, but it would be denied unless he had the educational background and have a job in that specific field. I don't think someone on an H visa can legally work another job without getting a visa for the new job either (like the TN). So in this situation the H visa I think is out.

[Flames9_RN 358]

Not sure if its the same Visa type, but Cdn (and other country) baseball players were having a harder time starting this yr to get visas to play ball. can't quite recall why, but I do belive it was because they were issuing fewer of those visa types!! Was on tsn.ca and other sporting websites awhile back! They were reflecting how it would affect cdn getting drafted in the baseball drafts.

[Cassie 8]

I wonder if zyggy or neiks would be able to answer any of these questions

[neiks 19]

Sorry, can't be of help. Zyggy would be the expert on this one.

[kcmetzy 0]

He has already had an H2B visa for 4 hockey seasons that ran from October-ish to June. I guess it would fall under "seasonal nonagricultural employee"???

If I understand the process right, the team has x amount of H2B visas...and its up to the team who receives them. He would not come down on an H2B he would come down with an I-94, if he made the team he would be issued an H2B. Well, thats how they did it from 2000-2004 and he never had any trouble getting a visa.

Sorry, can't be of help. Zyggy would be the expert on this one.

[djc 0]

Hey, maybe the team that he played for before would just give him the H2B visa without a tryout? They have to love him already, right?

Anything is worth asking. We've been told NO so many times it's not even making me mad anymore.

He has already had an H2B visa for 4 hockey seasons that ran from October-ish to June. I guess it would fall under "seasonal nonagricultural employee"???

If I understand the process right, the team has x amount of H2B visas...and its up to the team who receives them. He would not come down on an H2B he would come down with an I-94, if he made the team he would be issued an H2B. Well, thats how they did it from 2000-2004 and he never had any trouble getting a visa.

Sorry, can't be of help. Zyggy would be the expert on this one.

[IR5FORMUMSIE 850]

The O and P visas are for NHL players, minor leaguers get the H2B visa. O and P visas could be given to minor leaguers with a little push or a bit of luck.

[warlord 73]

He has already had an H2B visa for 4 hockey seasons that ran from October-ish to June. I guess it would fall under "seasonal nonagricultural employee"???

If I understand the process right, the team has x amount of H2B visas...and its up to the team who receives them. He would not come down on an H2B he would come down with an I-94, if he made the team he would be issued an H2B. Well, thats how they did it from 2000-2004 and he never had any trouble getting a visa.

Sorry, can't be of help. Zyggy would be the expert on this one.

Ok I didn't know the minor hockey qualified under that. I was thinking of the O visa I guess was the only sports one. So yeah that is the problem getting him here to get that H2B if they have any avaliable and the quota isn't already met. Is there a away they can scout him or try him out in Canada at all and then issue him the H2B? I would think they have in their budget enough to fly the trainers around the world looking for players, so I would think they could just try him out in Canada and then immediatly proceed with the H2B...

[kcmetzy 0]

I really don't think any player is issued an H2B right away. Even if you have an official contract, instead of a tryout agreement, you still come down on an I-94. No player is safe until the end of training camp. I think they wait until the team is finalized before issuing H2Bs. Players are traded to other teams, players are cut, players don't show up, etc etc etc I think that is their reasoning for not issuing the visa until everything is final.

I think the issue is whether or not the CBP will issue him an I-94..

If we get a jerk, he will probably deny him saying he's using the "tryout agreement" to get in the U.S. and will jump ship.

See this is what I do..

I'm such a paranoiac I always think the worst. We've been through a HECK of a lot at the border and that would not surprise me. I just want to get my facts straight before we try anything. I appreciate the responses. It's nice to be given feedback/suggestions, and for people to go through the trouble to research the types of visas.

I'll be in touch.

He has already had an H2B visa for 4 hockey seasons that ran from October-ish to June. I guess it would fall under "seasonal nonagricultural employee"???

If I understand the process right, the team has x amount of H2B visas...and its up to the team who receives them. He would not come down on an H2B he would come down with an I-94, if he made the team he would be issued an H2B. Well, thats how they did it from 2000-2004 and he never had any trouble getting a visa.

Sorry, can't be of help. Zyggy would be the expert on this one.

Ok I didn't know the minor hockey qualified under that. I was thinking of the O visa I guess was the only sports one. So yeah that is the problem getting him here to get that H2B if they have any avaliable and the quota isn't already met. Is there a away they can scout him or try him out in Canada at all and then issue him the H2B? I would think they have in their budget enough to fly the trainers around the world looking for players, so I would think they could just try him out in Canada and then immediatly proceed with the H2B...