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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28185
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hi I am a Canadian Permanent Resident and a Serbian citizen.

Resolved Question:

Hi I am a Canadian Permanent Resident and a Serbian citizen. I lived in the United States for about 12 years prior to that. My parents were given a "over stay" by the USA gov't which I guess basically means you are not deported yet but you will be later. I was not given this over stay my self. So we left for Canada. I have applied twice to visit the USA since (I was not a permanent resident at the time in Canada) but was denied. I understand that I would now have a better chance to be allowed to visit the USA, now that I have a job in Canada and permanant residence..is this true? Also next September I would like to apply to study in the USA again, but live in Canada (Windsor Ontario) but just study in the USA (Detroit, Mi) Is this possible? What can I do to improve my chances!
Submitted: 5 years ago.
Category: Immigration Law
Expert:  Judith replied 5 years ago.

Hello, welcome to JustAnswer, my name isXXXXX you for this opportunity to answer your questions.

 

When did you leave the US?

 

What visa status did you overstay?

 

Did you have a I-94 that had an expiration date on it?

 

Judith

 

Customer: replied 5 years ago.
I left the United States on September 8th, 2006

My visa status was my dad's work visa I believe. Like it wasn't refugee or anything like that, he had a right to work and I had a right to go to school so I believe it was his work visa.

I'm not too certain on the I-94, all I know is if it did have an expiration date, we did not stay for the expiration, we left for the very reason to not get kicked out but to leave on our own, my dad said this was important if I ever wanted to have a chance to get back..

I hope this helps; If not ill try to find more information
Customer: replied 5 years ago.
sorry, that is september 8th 2007 not 6 so just a bit over 4 years
Expert:  Judith replied 5 years ago.

As long as you left before the age of 18 you did not begin to accrue unlawful presence.

 

The problem with getting a visa to enter the US is that you are a Serbian citizen and only have permanent resident status in Canada.

The consul frequently does not consider one being a permanent resident as having strong enough ties to the country where they have resident status to draw you back there after you complete the purpose of your visit.

So the fact you have never gone back to live in Serbia is a problem. If you have Canadian citizenship, the that solves the problem of intent to return somewhat.

It will all be in the discretion of the consul how they look at your ties to Canada. You can make the argument that as a permanent resident you intend to return there following your visit because you are in school there and all your family is there and that you have economic, social and family ties to Canada based on the fact you have been living there for 4 years.

Some consul are reasonable about this and some are not. It will depend a lot on who you get for your interview. If you are able to get your visitor visa then your chances for the F1 increase because you have the opportunity to make the visit and return to Canada. That shows your intent.

I know you want a black and white answer but there is not one because your citizenship still works against you.

Judith

 

I am happy to answer follow-up questions for you at no additional cost.

If you want to request me in the future start your question "FOR JUDITH" and I will answer quickly.

 

Customer: replied 5 years ago.
Thank you so much for the information. Yes, I was 16 when I left. Aside from having a job, is there anything else I can do to cement ties to Canada? I was thinking about taking out Canada Government savings bonds. This could somehow be seen as bringing me back I would imagine so I have strongly considered doing that as well.

I know my citizenship works against me and that sucks because I really have no intention on staying in the USA illegally. The fact is, its easier to find a job in Canada anyway and the currency is a bit stronger so I'd really have no interest in staying.

But thanks for your answer, just if you can add that for me as well if Canada savings bonds could in any way help my case at all.
Expert:  Judith replied 5 years ago.

I agree with you about your conclusion!

 

As for the Canadian savings bonds, can you cash those in from the US? If you can then they are not compelling ties to return to Canada.

 

It doesn't hurt to apply for the visa. As in the past, all they can say is no. But be prepared to tell them about how you feel about the job market and currency values which are your compelling tie to return there.

 

Judith

 

I am happy to answer follow-up questions for you at no additional cost.

If you want to request me in the future start your question "FOR JUDITH" and I will answer quickly.

Customer: replied 5 years ago.
Okay, another thing I'm going to do is my grandfather is sick and he is a USA citizen so he will also send a request to see me kind of thing and he cant go on airplanes for travel so we'll also look into that. I'm going to find out about that savings bonds thing if you can only cash them in Canada.

Thanks alot for everything
Expert:  Judith replied 5 years ago.

The plan of an invitation letter from the grandfather is a good idea.

 

All the best. Don't forget to ACCEPT so I can get credit.

 

Judith

Judith and 3 other Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
ok perfect, I'll do that right now God Bless