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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90124
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My name isXXXXXm Canadian and I have a boyfriend is

Customer Question

My name isXXXXX and I have a boyfriend is the US. We are, presently, waiting for our K1 visa decision.
We met in 2010 and we been together since then. I met him here, in Montreal, when he came for vacations for 2 weeks in 2010. About 2 months after, I went in California to see him: October 6th to October 20th 2010. I went again on April 19th to may 3rd 2011 and again on June 15th to November 8th 2011. Finally did another trip on November 22nd 2011 through April 4th 2012.
I wanted to go again on April 2012 (3 weeks after coming back), but they didn’t let me pass at the customs and made me sign a paper: Subject is inadmissible pursuant to 212 (a) (7) (A) (i) (I). (but they never told me I can't go for how long or what I need to fill to be able to go back again)
After this happenned, we decide to filled the K1 visa. We didn't see each other since April 4th 2012 because he can't come in Canada anymore.
On June 21 and june 22, Formula Drift has an race event in New Jersey and a lot of my friends are going. I wish I can go too!
So I would like to know if you can help me to get a tourist visa for those dates, or if never I have other options!?

Thanks a lot for your time!
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The violation you were denied entry over is a documentation violation. The reason you were inadmissible is as follows (directly from the statute):

(i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission- (I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a)...

Thus, it seems you were not allowed entry because you did not have proper documentation, at least according to the rule they stated for denying you entry (all I know is what you told us).

If you are a Canadian citizen, you do not need anything but a proper Canadian passport that is not expired for entry into the US. Of course, it seems too that you may have exceeded the 6 month maximum stay in the US in any 12 month period, which means you have to wait 12 months since you last left the US and if you last left the US in April 2012, then you should be admissible again without any issues.



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Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90124
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 17 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Okay, so I understand right now I will not have any issue going back to see my boyfriend again since it's been more than 12 months.


I live with my sister at the moment and I do not have my name on a lease for a home or nothing. I pay her rent, but cash.


Plus, I do not have a job at the moment. (I was doing snow clearance (with a tractor) this winter, but since we don't have snow anymore, I don't have a job.


Does the customs gonna ask me more questions or can they not let me pass because of that?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

Remember I am only able to go by the information you provided me above and I do not know anything more about your situation other than what you provided. Thus, from what you said, it appears that one of two things is the issue with your denial of entry, 1) your passport was expired or 2) your tourist visa was expired because you were here more than 6 months in 12 month period. If it was because you were here more than 6 months in 12 month period and your tourist visa was expired, then now that 12 months passed since you were last in the US, you should be admissible without anything else.

You can double check with the US Embassy or Consulate before just coming and trying to get admitted, but it sounds from what you are saying that your problem was the exceeding the 6 months in a 12 month period and you should be fine without many extra questions.
Customer: replied 1 year ago.

Let me give you a little more informations about my case.


 


On 04/25/2012I tried to go back in California by plane and the US border officer ask me to go talk with the immigration Officer.


After a long time, he finished by look through all my stuffs asked me so many questions and finally made me sign a paper. I guess this paper is now in my folder so everytime I will go through customs they will see it. He took my fingerprints, my picture.


On this paper that I signed:


Application for admission withdrawn is check


He writes my info as my address


and no visa, no social security number


 


Subject can not overcome the presumption that she is an intended immigrant without an immigrant visa. Subject has not job or ties to her country of Canada. Subject has spent almost an entire year in the U.S. living with her USC boyfriend who is barred from Canada. Subject in inadmissible pursuant 212 (a) (7) (A) (i) (I).


 


On November 4th 2012, we sent a request for a Fiance Visa K1 and we still waiting on an answer. Can I still go in the US even if I'm waiting for an other visa? I really don't want to take a chance and finaly loose everything.


 


Thanks again!

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for that additional information which would have been most helpful in the beginning as well.

Again, you overstayed visa beyond 6 months, it was not a long stay over 6 months, so it would not likely cause you to be denied again if it has been over 12 months since you entered. However, because they wrote that you need to contact the local US consulate or embassy before heading to the US to insure your entry without any hassles and also to check on your K-1 as that should have had some notice to you by now. Yes, you can still go to US as a visitor.

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