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As I stated in my query, I withdrew my application for admission (no bar)
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In the record of sworn statement in proceedings I was issued when denied entry, I am asked if I'm aware that i will be "required to obtain any appropriate waivers prior to returning to the US".....and at another point, am I aware that I "must first obtain a waiver before you can re-enter the US".
1. so this is incorrect?
2. how long will it take, and does someone like myself, with a substantial investment account, no criminal record, etc etc stand a good chance of being given a B-2 without hassle?
3. Do I go to the consulate?
4. Why does a legal firm's website here in Toronto say that "
Due to past U.S. immigration problems or a criminal record, an individual who seeks entry to the United States, for either immigrant or nonimmigrant purposes may be inadmissible without what is known as a waiver of inadmissibility. If granted, the waiver allows the applicant to gain admission to the United States for the intended purpose despite the fact that he/she is otherwise inadmissible.
The standard for a waiver depends upon whether the applicant is intending to enter the United States for immigrant or nonimmigrant purposes. Typically, a standard of undue hardship to American citizens or permanent residents must be shown, in order to allow entry based on an immigrant waiver. The undue hardship must not solely be for reason of separation between a U.S. citizen or permanent resident and a foreign national. Currently, nonimmigrant waivers are available for a period of up to five years.
For nonimmigrant waivers, U.S. Immigration authorities typically balance the seriousness of the past immigration and/or criminal offence as against the risk posed to the United States if the person is permitted to enter. Important factors in this decision include the nature of the offence(s), the length of time since the commission of the offence and completion of the sentence for the offence, and the purpose of the visit.
Where to Apply
Canadian citizens applying for nonimmigrant waivers in the Toronto area, currently file applications at Pearson Airport in Toronto, which are ultimately sent to Buffalo, New York."
5. Is the B-2 preferable to such a waiver?
thank you for these replies. So just to be clear,
1. I can ignore the fact that the documents I was issued when I was refused entry state that I must first obtain a waiver before re-entry?
2. I am worried about the ties issue. Our money is with a large Canadian investment company, and I do not work. My two children and mother both live in Toronto, and I rent a room in a friend's house, but we do it without a lease. Otherwise I have nothing that would tie me here. Will I have problems, do you think?
I will definitely rate you very positively, based on what you have told me here. I appreciate your clarity and the detail you provide. The doc does say at one point obtain any appropriate waivers, but at another more unequivocably "must first obtain a waiver" however it makes sense that the consulate will be a greater authority than this paper typed out in philadelphia by a customs officer. So I'll relax about that.
Could you please list me some strong ties I could make? I live on investment income, so I'm not about to get a job, and I can't do that anyway because it will take time to set my sister-in-law up to live without me. I'm also obviously not going to set up a successful business.....so what else can I do? Does owning a home here help? what else?
Working through the visa application, I am being asked to give the dates of the last 5 US visits. I know the dates of the last 2 visits, but where can I get info on the 3 before that?
Also it is asking me about the dates of my next planned visit. I need it to be asap....what should I put?
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