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I am a Canadian citizen denied entry to the US on 9/11 because

of 2 recent visa overstays...
I am a Canadian citizen denied entry to the US on 9/11 because of 2 recent visa overstays, of 3 weeks, and several months. I have 2 doctor's letters saying that my husband and I are primary caregivers to my sister-in-law, from her neurologist (parkinson's) and her oncologist. She has no other family there. My husband (also Canadian citizen) is in Mexico and I have taken this on. The first overstay was because of an operation, the second because we helped her buy and renovated and moved her into a house from a condo that was no longer satisfactory. i think I need a waiver of inadmissability. What should I do and what can I expect (I withdrew my application for admission).
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Answered in 1 minute by:
9/17/2013
Guillermo J. Senmartin, Esq.
Category: Legal
Satisfied Customers: 110,654
Experience: 7+ years of experience handling various legal matters.
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Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Just please remember that often the law is not good news. IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.



You have only been using your Canadian passport to enter, correct? When you were denied entry, did they allow you to withdraw your request to enter? If not, did they exclude you from the U.S. which resulted in a 5 year bar?
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Customer reply replied 4 years ago

As I stated in my query, I withdrew my application for admission (no bar)


 

And you have only been using your Canadian passport?
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Customer reply replied 4 years ago

yes


 

Then you do not need a waiver. You cannot use just your passport anymore because you will always have thoes overstays on your record. But as long as neither of the overstays was longer than 180 days and you were allowed to withdraw your request to enter the U.S., then you do not need a waiver. You just need to apply for a B-2 tourist visa and prove that you have strong ties to Canada that you cannot and will not easily abandon and that you will not overstay again. The proof of the medical condition can help to prove that the overstay was reasonable and that it will not happen again since you are able to extend a B-2 while you could not do that with just your Canadian passport. Here is a link to how to get you started with applying for the B-2:




http://travel.state.gov/visa/temp/types/types_1262.html


Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!

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Customer reply replied 4 years ago

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.


Basic Requirements


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?

U.S. immigration law is very complicated and reading webpages and forums without knowing what to look for is just going to confuse you, so please stop reading those. This is why I asked specifically if you were allowed to withdraw your request for entry. Since you were, you do not have an inadmissibility penalty because of that. And as long as you did not have more than 180 day overstay, you do not have a 3 or 10 year bar. Therefore, I see nothing in your history that would require for you to need a waiver.

IF you needed a waived it is to be used with a B-2. You can no longer just use your Canadian passport. Unless that changes, you will need to forget about that. So your focus from now on will need to be the B-2 to visit. But I will repeat, you do not need a waiver for the B-2. Just apply for the B-2 and you should get it if you can prove the things that I already listed.

As far as how long it takes, probably a month to three months and you will eventually have to go to the U.S. Embassy or Consulate in order to get your passport stamped with a visa.

As to your chances, very good as long as you can prove those strong ties. Money in a bank is not a strong tie. Money can be easily moved. Investments may also be able to be moved relatively easily depending on what they are. But if your investment is a successful business, that would be a strong tie because it may not be that easy to sell, same thing with an excellent job, that is something that someone would not abandon easily. So the more things you have that a person would not normally abandon, the better it is.


Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
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Customer reply replied 4 years ago

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?


 


Thanks

1) You would not be ignoring that. It says that you would need to obtain any appropriate waivers. I do not see that there are any appropriate waivers needed. Believe me, IF one is needed, the consular officer would let you know at the interview in the consulate and one could be applied for at that same interview. But it isn't necessary from what I see in your case. I want you to feel confident about this and that is why I also explained why it is not needed.

2) As far as your strong ties, it doesn't seem that you have many. So yes, that will be a problem. Not much else that I can tell you about that except maybe it is time to make some stronger ties before you apply for the B-2. Even if you had a lease agreement, those can be broken, so that really isn't a strong tie to Canada. If you leave your children behind, that would be a strong tie, but since they could just use their passports, that may not be convincing. All you can do is try to present a strong enough case of your ties, maybe make additional ties. The more you have, the better it is.



Please do not forget to rate me positively. I am not get a salary, it is the only way that I get credit. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
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Customer reply replied 4 years ago

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?

Here is a link to an article:


http://www.ilw.com/articles/2009,0528-schwartz.shtm


I am going to log off in a few minutes but I will be back tomorrow if you have additional questions. Just please don't log off tonight without rating me positively. Often people think that if they rate positively, their questions close and they cannot ask anymore questions. That is not true. And I wish they would fix it, but I think it says that your question will close after you rate and that is simply not true. You can ask follow-up questions on the same thread without additional charge even after you rate positively. Thank you.
Guillermo J. Senmartin, Esq.
Category: Legal
Satisfied Customers: 110,654
Experience: 7+ years of experience handling various legal matters.
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Guillermo J. Senmartin, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 years ago

Hi,


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?


 


Thanks.

You don't have to be exact. You would look in your passport to see entry and exit stamps. Obviously if you do not have those, try to estimate. The only other way that I know of would be filing a G-639, but that can take a month or more.
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