Ok ya'll always have good advice so please let me know what you think. )

My husband (boyfriend at the time) played hockey here in TX for 4 seasons from 2000-2004. He quit playing hockey in 2004. He never violated or outstayed his H2B visa while he played. My husband and I were married in July of 2006 in Canada. Unfortunately, he was denied entrance into the U.S. in August '06 and December '06 due to lack of ties and equities to Canada. Now that you have some background information..here's the deal..

We had absolutely NO idea how long it would take for him to immigrate to the U.S.
We could be waiting upwards of 6 months to have an interview scheduled in Montreal.

Hockey season down here starts in next month. I am positive my husband would have no problem getting a "try-out" to try and make the team. A try out agreement is a letter from the hockey team asking for permission for the player to try out for the team. It is only a I-94 for around a month. If the player makes the team then later he receives an H2B visa which is valid until June or so after the hockey season ends.

My husband would have no problems making the hockey team and then we could be together next month rather than in 6 months. I am just not sure if they will grant him an I-94 with only a try-out aggrement knowing that he is married to a U.S. citizen and was denied entry twice when trying to come down and visit me. They thought that he would not return home to Canada after going to visit his wife.

Anyway, any advice would be GREATLY appreciated.
He is very nervous to even TRY and come down to play hockey. He is afraid that if he is denied a 3rd time then they might try and ban him from the U.S. for a certain amount of time. Should we wait the 6 months, or try and be together next month legally?!?!?!?!? what to do..what to do..

Thanks in advance for your help.

Kristen

That would be a no-brainer for me.

Americans love hockey players... if he were already here on another visa, then you could just AOS instead....

Did they tell him what kind of ties he could bring to prove himself? A rental agreement/bills/anything? Being turned back twice must just be awful. Did the border say something like 3 times and you're banned or anything like that?

I would go for the try-out thing, and get your congressman involved. Make sure the congressional office flags his name at the border crossing point so they can check him (this might take a few long hours).

If you're looking at my timeline, I will be waiting more than 6 months for an interview. There is very little that I wouldn't give to have had that time with my husband.

I'm not going to lie..the first time we were denied was our fault. We thought he could "visit" for 6 months which is what the USCIS told us..and that we could file for the paperwork when we got back to TX after the wedding. We screwed up..got TERRIBLE advice from the USCIS and weren't thinking straight with the stress of the wedding and everything. We tried to DRIVE down together, WHAT WERE WE THINKING?!?!?! Oh well, they were nice about it and said to come back with ties and equities..

Second time was NOT OUR FAULT BY ANY STRETCH OF THE IMAGINATION!!!!!!!!!!!!
My husband carries business cards in his wallet..
When he played hockey down here he had this guy who was a huge fan of his and they had like interests. Jarett (my husband) had his business card in his wallet. He already had a red flag on his profile from the August disaster so they had further questions for him. My husband had a return plane ticket after being down here for 2 weeks. He was coming down for Christmas and my sister's wedding. (
Long story short, the customs officer decided to be a grinch and call this redneck hockey fan to talk to him about Jarett. The officer asked if Jarett was going to work down here when he came to TX. My husband and this guy have not talked since Jarett played hockey in 2004, the guy had NO idea our situation or that we were even married. He thought this phone call was some sort of "employment reference" and said YES (can you believe it) that Jarett was going to come down and work at his shop. I'm still in shock that he did that. To give him credit, the officer went into a separate room to call him, and I wouldn't doubt if the officer asked the question in a way that he would get the response he wanted to deny my husband, just to be a jerk. He wasn't banned but again had no proof that he was going to come back to Canada. He works for himself (contract log home builder), lives with his parents to save money AND doesn't want to get into any type of lease because HOPEFULLY he'll be moving here soon. Honestly, no ties or equities.

He's a little frustrating..he had no trouble for 4 years to come down and entertain the Americans..but to come down and visit his wife is impossible. They make him feel like a terrorist.

Anyway, playing hockey is our last hope. I have to be here because I have a GREAT job that won't be waiting for me if I move to Canada.

I forgot to say..even after the 2nd denial they still said to come back with ties and equities..

They would tell you if they banned you right?!

Kristen,

Sounds like a bunch of he!!! I'm so sorry. If you look at it a different way, your husband was almost lucky, working without authorization is a 5 year ban.

We are also both self-employed. Hubby hadn't been here in 9 months, after we read somewhere that we really weren't supposed to visit. We have both heard some bad stories. But a few weeks ago, I got really sick and he came to visit anyway. He brought some contracts with him that said he was going to be working at such-and-such place and what dates. You know what? They didn't even pull him over for secondary. Yes, he had been pulled over many times before.

He could try bringing contracts if he tries to visit again. Bank statements, Credit card statements, registration for his car...?

Surely your husband has a flag on his name and they will pull him over again when he tries to cross. I do think it's worth a shot, though. If he's flying in, make sure your congressmen have sent a personal letter to the POE officers and have a copy of it! I think they might have a soft spot for hockey players.... we can hope...

Look at it this way. Can it hurt? If he is denied again, will it result in a ban?

I would say ask a lawyer, but I don't trust lawyers. Best of luck to you and your hubby. Let me know how it works out.

[quote name='kcmetzy' date='Sep 19 2007, 05:44 PM' post='1203956']
I forgot to say..even after the 2nd denial they still said to come back with ties and equities..

They would tell you if they banned you right?!


I believe they would tell you if you had a ban. the fact that they said come back with ties and equities is a good thing. He has to have some ties and equities. Contracts, bank statements, car registration? Does he give rent money to his parents? Copies of the checks with "rent" in the memo line. They should be able to give him some examples.

You have helped so much..thank you

I'm not trying to be difficult but no he doesn't pay rent..he'll give his parents $300 cash for food..but he doesn't even have checks. Bank statements would work since he's been there for so long and clearly not working down here. He has two vehicles but they are paid off.
I like the idea of getting my congressman involved. Great idea..
His work is so here and there that I don't think it would help us much...it's not reliable. He's not working right now either which makes matters worse..poor thing is about to go insane sitting at his parent's house. What grown man wants to live at home?! (
I will be most definitely be in contact with my congressman.

The two vehicles that are paid off... are they in his name? He has to have registration and insurance on them, right? That would be good. And the work doesn't have to be regular, as long as it's something coming up in the next few months that shows that he'll go back to do those jobs. It shouldn't matter if it's not from the same employer, just show that he has a job coming up and at the moment, since he's not working and has nothing to do, he wants to visit his wife.

Where is he from? Have him drive over to Detroit and I'll tape him to the bottom of my car when I cross.

I know this situation well. Once CBP have given you the mark of Cain, you are screwed. You're not officially banned but good luck crossing the border. I speak from personal experience and you do feel like a criminal or a some kind of terrorist when they fingerprint you and take your photo. I've been refused twice so far, after entering the US more than 100 times in the past.

Now the good news, DH is a hockey player and I guess a pretty good one at that. That counts for a lot. O-1 and P-1 visas instead of H2B visas carry a great deal more weight but I don't think DH could get one unless he plays in the NHL. Does the team he wants to play for have a PR person, he should contact them and yes, you should also contact the local congressional representative. Americans understand money and if DH scores 50 goals a season then that will put fans in the seats and bring money to the community. I don't think there will be a problem with DH crossing since he has a try-out letter and he has a record of achievement as a hockey player that is easily documented. I think he should go for it. There is no reason to worry about past refusals, he will not be banned. Keep trying and remember to keep your head up (and stick on the ice).

The likelihood that your husband would be given an H1B or other type of visa while an immigrant visa is in process is slim to none. CBP will know that there is an I-130 submitted for him, and with the flags on his record already, it is unlikely that he'll be playing hockey in Texas this season.

Thank you both for your advice. We are still weighing the options. It's not worth it for him to try and play hockey if it RISKS getting banned from the U.S. for a certain amount of time. Hockey is short term...life in the US is long term but it would sure be nice to see my husband next month I don't think he would have a problem getting an H2B visa, but I do think he might have a problem getting an I-94 to come down and try out. At the border, can they see when they swipe his passport that he has had 4 previous H2B's?? That might help since he never outstayed his H2B..then again we were only "dating" we are married now and that's a big difference to them..he's a flight risk.

I just wish there was a way for us to find out before he even attempts it.
Training camp is in three weeks...DECISIONS DECISIONS DECISIONS!

Talk to an attorney in the area. Usually they have free consultations or even some immigration attorneys have free web consultations. DH is recognized as a professional hockey player so the I-94 issue won't be as much of a problem as if he has no history or record. The immigration computers have pretty extensive records, e.g. Mom's F-1 visa from the 1960s showed up in the system. An attorney would know more about this than just about anyone on Visa Journey. Good luck.

Yes he is ineligible to even apply for any H or I-94 type status or visas now as he's married. You'll need to get all the details in order now to immigrate him to the US. This of course won't be in the near future either. I agree, this season is unfortuantly out. Even if he was able to get to the US and into it you would then need to file the AOS package and he'd have to wait for the EAD to come in to be able to work.

Now that he's been denied there will be a flag on him next attempt though the border and they'll be heavily questioning him. Basically they know he's married now and will want the proper documents. So you're kind of stuck now...

Well that is depressing.. but thank you for informing me

Immigration pretty much ruins every part of our lives..
I'm just trying to get in the mindset of 6 months for an interview...I sure hope to be surprised..I am losing it!! By the time we finish this process it wouldn't be surprised if it was IR1 instead of CR1. sickening.

Why would being married to a U.S. citizen preclude him from getting an H-type visa? Hs are dual intent.

That pretty much stinks if he can't even apply for a different visa. I think you should ask a someone qualified about that before you totally rule it out, though.

Well, he will definitely be pulled over again if/when he tries to visit. But the past two times, they said he could try again with more documents. I think it's worth a shot to try to visit again. If he gets turned back for the third time, the officers can probably tell him what exactly he could bring and he could explain the situation, maybe they will come up with alternate proof for him to bring.

this won't help with getting him working in the US. But why doesn't you husband and his parents fill out a lease agreement? I'm sure that you could find a decent generic lease form somewhere on the web. That way he'd at least have proof of residence in Canada for the next time that he tries to visit.

Being denied at the border sucks but I don't think you can be banned just because you've been denied X times. Since you don't have to be proved guilty of anything to be denied, I don't think that any long term punishment can be metted out. Even though his buddy said that he was going to work in the states, he didn't. Therefore, he didn't actually commit any crime that would result in a ban.

Nope, you can't get "banned" unless you've actually done something and been caught (prior overstay, EWI, misrepresentation, etc.).

You can be flagged for lack of ties as well as, "come back when you have your K1/K3/CR-1/etc. visa" which has happened to people here before.

Hmm...interesting..
I'm almost thinking...what the hay..give it a shot..

Of course, I would like to talk to a lawyer or someone who is familiar with the law aspect of it but if the worst thing they say is "do not try again until your CR1 is complete" then that is fine with us. He has no intention of visiting, it really is too much of a pain and money for 2 weeks of visiting. If there is an inkling of hope that he might be able to stay and work (hockey) THEN it's worth the trouble. His job is flexible enough that if he's denied at the border then he can go back to work. It's not like he has to be hired back. He would probably just fly down and maybe that would be ties to Canada...he's got two freakin' vehicles, and everything else he owns back home, we promise, he will go back!! Not like ya'll would really care, but I'll let you know what we decide. Thanks!

Real quick...1R5FORMUMSIE what does DH mean?? I know you are talking about my husband, but I don't know what DH stands for! I'm kinda clueless..sorry hehe

DH is usually short for Dear Husband or Dam Half-Wit, or whatever you like to call your spouse. We do actually care about what happens, since many of us have some crazy situations we're dealing with and someone else's success brings hope to us all.

I really can't see any downside to trying to enter the US. What's the worst thing that can happen? He gets refused and is asked to bring more documentation. What's the upside? He gets to spend more time with the wife, so why not go 4 it!

True I mis wrote that. He can I think apply for a H visa, however isn't the cap already filled? And I believe it's in Oct when it has to be done which right now in their situation is too close to attempt to get a H visa. Plus what would the basis of the H visa be on? I don't think Hockey Player qualifies...

Well a hockey player job doesn't qualifiy under a H visa:

H-1B classification applies to persons in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This classification requires a labor attestation issued by the Secretary of Labor (65,000). This classification also applies to Government-to-Government research and development, or co-production projects administered by the Department of Defense (100);

H-2A classification applies to temporary or seasonal agricultural workers;

H-2B classification applies to temporary or seasonal nonagricultural workers. This classification requires a temporary labor certification issued by the Secretary of Labor (66,000);


So he could apply for one, but it would be denied unless he had the educational background and have a job in that specific field. I don't think someone on an H visa can legally work another job without getting a visa for the new job either (like the TN). So in this situation the H visa I think is out.

Not sure if its the same Visa type, but Cdn (and other country) baseball players were having a harder time starting this yr to get visas to play ball. can't quite recall why, but I do belive it was because they were issuing fewer of those visa types!! Was on tsn.ca and other sporting websites awhile back! They were reflecting how it would affect cdn getting drafted in the baseball drafts.

I wonder if zyggy or neiks would be able to answer any of these questions

Sorry, can't be of help. Zyggy would be the expert on this one.

He has already had an H2B visa for 4 hockey seasons that ran from October-ish to June. I guess it would fall under "seasonal nonagricultural employee"???
If I understand the process right, the team has x amount of H2B visas...and its up to the team who receives them. He would not come down on an H2B he would come down with an I-94, if he made the team he would be issued an H2B. Well, thats how they did it from 2000-2004 and he never had any trouble getting a visa.

Hey, maybe the team that he played for before would just give him the H2B visa without a tryout? They have to love him already, right?

Anything is worth asking. We've been told NO so many times it's not even making me mad anymore.

The O and P visas are for NHL players, minor leaguers get the H2B visa. O and P visas could be given to minor leaguers with a little push or a bit of luck.

Ok I didn't know the minor hockey qualified under that. I was thinking of the O visa I guess was the only sports one. So yeah that is the problem getting him here to get that H2B if they have any avaliable and the quota isn't already met. Is there a away they can scout him or try him out in Canada at all and then issue him the H2B? I would think they have in their budget enough to fly the trainers around the world looking for players, so I would think they could just try him out in Canada and then immediatly proceed with the H2B...

I really don't think any player is issued an H2B right away. Even if you have an official contract, instead of a tryout agreement, you still come down on an I-94. No player is safe until the end of training camp. I think they wait until the team is finalized before issuing H2Bs. Players are traded to other teams, players are cut, players don't show up, etc etc etc I think that is their reasoning for not issuing the visa until everything is final.
I think the issue is whether or not the CBP will issue him an I-94..
If we get a jerk, he will probably deny him saying he's using the "tryout agreement" to get in the U.S. and will jump ship.
See this is what I do..
I'm such a paranoiac I always think the worst. We've been through a HECK of a lot at the border and that would not surprise me. I just want to get my facts straight before we try anything. I appreciate the responses. It's nice to be given feedback/suggestions, and for people to go through the trouble to research the types of visas.

I'll be in touch.

My oldest brother played in the SPHL in Georgia and my youngest brother now is in Hershey, Pennsylvania trying out for the Hershey Bears in the AHL. So, I just want you to know that I understand where you are coming from because they have both had problems. When my brother left for Hershey last week, they detained him and said the paper work the team gave him was not sufficient enough to enter the united states for his purpose. He had to fill out about 2 hours worth of paper work before they let him go. Safe to say my 21 year old brother was pretty freaked out by the whole situation and had no idea it could happen like that.

My oldest brother has also had problems at the border with his visa for hockey.

Any ways I hope you can figure it out-just know though that sometimes this immigration process has you waiting apart for a long period of time. Most of the people on this form have experienced it and sometimes you gotta do what you gotta do!