News from Vermont

[briluke_nyla 0]

I got my letters in the mail today that my I-601 and I-212 waivers were denied through Vermont. I guess my journey is over...thanks to everyone who has helped me along the way. We are not going to appeal...2 1/2 years has been long enough.

[TracyTN 237]

I am very sorry to hear that. I agree that 2 1/2 years is too long to want to continue with an appeal.

[raymaga 25]

So sorry about your news.

What will you do now?

Best wishes.

[Michaela_Hassan 1]

I'm really sorry for this. Hope you can still have a future together in Canada.

[garyandkris 0]

I'm so sorry to hear that you were denied. It's madness. I hope that you can put the disappointment behind you and that you both have a wonderful life in Canada or wherever you decide to live.

[new orleans bound 0]

I got my letters in the mail today that my I-601 and I-212 waivers were denied through Vermont. I guess my journey is over...thanks to everyone who has helped me along the way. We are not going to appeal...2 1/2 years has been long enough.

Oh my gosh. I am so sorry to hear your news. Is there anything I can do? I wish I could help. Is there anyway that you can wait another year and reapply?

[new orleans bound 0]

I got my letters in the mail today that my I-601 and I-212 waivers were denied through Vermont. I guess my journey is over...thanks to everyone who has helped me along the way. We are not going to appeal...2 1/2 years has been long enough.

Does this mean your husband is going to come to Canada to live? I tried going back through the posts and I can't seem to find the reason for your waiver but it's for an overstay isn't it? I don't mean to hash up bad memories. I know you've gone through a lot recently and this has been/is a really bad roller coaster ride with a denial now. However when you've had some time to decompress, have you though about possibly contacting Laurel Scott for help. Even trying to get a consult with her to see if she's able to help. I am in a similar situation-the length of time for a waiver approval so I realize what you are going through. If you'd like someone to talk to feel free to contact me. I know what this process does and the havoc it reeks. I wish you all the best.

[briluke_nyla 0]

Thanks for the replies. We can't wait anymore, our marriage has been on eggshells throughout this process and the waiting is agony. We are applying for my husband to come to Canada and hopefully that will work out better. I wish you all the best of luck in the rest of your journies to happiness!

[briluke_nyla 0]

neworleansbound...well, I thought it was for an overstay and lack of documentation, and that's what my paperwork said but here's what happened:

The day I was kicked out we were heading through the port of entry and when asked what Nationality we were my husband replied American. The crossing guard then said, both of you? To which hubby said yes. Obviously this was wrong I am not, I am canadian...and they caught us on it. In our paperwork they didn't mention anything about it and told us that they would do us a favor by not mentioning it and that way we could file our paperwork and go on with our lives. So, in all of our paperwork it states that it was due to lack of documentation pertaining to our marriage. However; in the denial notices it states that I cannot receive a waiver due to fraud and willfully misrepresenting myself. I am not sure why they even bothered to let us file a waiver if they knew I couldn't get one...but alas, they did. So we wasted the money to file the waivers, we've wasted our days (this happened on November 28th, of 2004 when our daughter was a mere 6 months old. She will be 3 next month.) So anyway, long story short...we screwed up, they made it sound like it would be fine in the end, and they royally screwed us over.

Edited April 3, 2007 by briluke_nyla

[Caladan 19]

So sorry to hear of this. It's been such a long wait for you three. Best of luck with him relocating to Canada, if that's what you decide.

[luvinmb 0]

Sadly, because of that one answer, "yes, that you were both Americans" that put you under the category of making a false claim to U.S. citizenship, 212(a)(6)©(i)(i)....which is the area of misrepresention/fraud that no waiver is available for at this time.... It was such a minor mistake and crazy that there is no waiver available for that......I hope that things in the immigration laws change soon. But, Canada is a beautiful place and I wouldn't worry about anything~

[raymaga 25]

Thanks for the replies. We can't wait anymore, our marriage has been on eggshells throughout this process and the waiting is agony. We are applying for my husband to come to Canada and hopefully that will work out better. I wish you all the best of luck in the rest of your journies to happiness!

It is my understanding from the brief research I have done on a US citizen spouse moving to Canada, that the process is not all that difficult. I hope you can get the paperwork in order and start the process of your husband moving to Canada soon.

Take care and keep your chins up..... you will always have each other, the three of you.

Good luck and best wishes.

[geronimostyle 0]

I can only imagine your frustration and helplessness at the moment.

You should believe that life is NOT short and there is always time to set

things straight for better future for your kids.

Just try one more time.

1. Discuss with Laurel Scott and file a brand new waiver again with her help.

2. If you don't want to spend more money, then just prepare it yourself and file it.

You be strong and keep thinking to beat it.

[TracyTN 237]

I cannot blame the OP for not 'trying' again - particularly after they were basically lied to about why they needed to file the waiver to begin with. Knowing you're dealing with fraud and misrepresentation as opposed to an overstay is quite a different task - so to not even have the information to defend themselves to begin with is pretty underhanded by our govt. I see their 'point' (saying you're an American if you're not *technically* is fraudulent), but personally I think the govt was fradulent by not revealing the correct nature of the denial.

briluke_nyla, I wish you guys the best on getting hubby to Canada.

[luvinmb 0]

My fiance and myself are waiting for our waiver to be approved and we had to file a waiver for misrep. My fiance was denied entry and they basically didn't believe his intent for visiting and the border agent cancelled his tourist visa.......Our particular section of the law is completely waiverable. Our consulate knew the exact details and part of the law that pertained to his denied entry and we also knew from the beginning the section of the law that we would be inadmissible and were completely prepared with our waiver. There are two major sections under misrep. (1) Is the most general and is waiverable (which we fell under) (2) False claim to citizenship, not waiverable. Misrepresentation, along with overstays & illegal presence are all quite common inadmissibilities and are the most common reasons for waivers. Unfortunately, there are many sections of the INA law that are not waiverable.

As I said before, I think immigration laws need to be changed.

The biggest and saddest part of this situation is that they were led to believe they had a chance, when in fact, they never had a chance due to the particular misrep. charge against them.

I wish them the best of luck and hopefully someday the laws will change and they can join each other here in the U.S., but again Canada is a beautiful place and they have each other.