Visa denied for supposed false declaration of US citizenship

[Jaytee2009 0]

"Unfortunately, people are right. There is no waiver or ways to reverse this decision. save one. A private bill submitted in congress by your representative and voted yes for can grant your wife a reprieve. BUT those are rare and for extenuating curcumstances. You can try but write to your rep and senator. see what happens.

You may also both can plan to move to canada. You two can have a nice life there. That's an option. Again I'm sorry for what has happened. But the crimes of yesterday can change your life today. it is what it is. I just wish it wasn't this and a better world but it's not."

Thanks for the suggestions. I hope to try for that almost impossible private bill. Also as far as Canada, from info I have searched, they love to follow the leader. They will probably not admit my wife because of the immigration violation in the USA from 2001.

For now we are in Mexico, living a piece of ####### life, but we are alive and together.

Could the NVC give another interview date since the Consulate wouldn't do it based on our reconsideration requests?

[leahandlucas 15]

Ok.....FIRST thing is FIRST.....file a FOIA (Freedom Of Information Act), this will give the case details about what happened on the day...

After receiving the FOIA...take it to a good laywer...Laurel Scott is a good one and a guy names Ellis...(forgot his name, his in Houston i think?)...

Take the FOIA to them, well at least give them a call for a consultation...

Mexico.....Mexico...figure....i myself might have to go down there...so i could be joining the club.....

best of luck...

[canadian_wife 1,791]

I doubt NVC will schedule another interview since the consulate will have to agree to it, which they are unlikely to do.

Good luck.

[coraliesolms 47]

Silly question... how did this even get through the USCIS and the NVC???

[NigeriaorBust 4,087]

USCIS and NVC only looks to see if the petition is "in order" they are not the ones that grant the visa

[Dakine 26]

Just wondered if there are any decent places to live in Mexico near the border anymore.

40 years ago I had a pretty nice place in Rosarita beach that I used to commute back and forth to.

I guess that may be history now from what I've seen on the news.

Hope you can work everything out.

[Kathryn41 3,205]

I just wanted to clarify that your spouse's difficulties with US immigration would NOT have any bearing on an application to immigrate to Canada. Canada and the US are two separate countries with two separate - and quite different - immigration policies and procedures. Canada definitely does not follow the US here -which often irks the US as they would much rather Canada treat immigration the same way the US does .

Regardless, immigration to Canada is not easy. You do need to qualify through one of the available programmes: family sponsorship, employment; Canadian employed or educated: investors, or Provincial nominees. Canada selects potential immigrants via a 'points' system where you need to have a certain number of points awarded in areas of education, work qualifications, work experience, work availability, fluency in written and spoken English, fluency in written and spoken French, be within a certain age, etc. to meet the criteria for an interview. At an interview you would then be evaluated for how well it appears you would adapt to Canadian culture and society. So, if you do have good transferable job skills - especially for jobs in demand in Canada -, good work experience, a higher education and are fluent in at least one of the two languages in Canada you may qualify.

Here is a link to Canadian immigration opportunities:

http://www.cic.gc.ca...grate/index.asp

Edited April 2, 2010 by Kathryn41

[trailmix 77]

I appreciate that response Kathryn,

Honestly, I don't know why people write - well you can just immigrate to Canada - as Kathryn mentioned, it is a separate country with its own immigration laws and procedures - they will not allow you to immigrate simply because U.S. immigration has denied you

Also OP, there are many, Canadians at least, who move to Mexico, while the community where you wife lives may not be to your liking, perhaps you can look at other areas where you two will be more comfortable. Good luck.

[toma1 10]

Regardless, immigration to Canada is not easy. You do need to qualify through one of the available programmes: family sponsorship, employment; Canadian employed or educated: investors, or Provincial nominees. Canada selects potential immigrants via a 'points' system where you need to have a certain number of points awarded in areas of education, work qualifications, work experience, work availability, fluency in written and spoken English, fluency in written and spoken French, be within a certain age, etc. to meet the criteria for an interview. At an interview you would then be evaluated for how well it appears you would adapt to Canadian culture and society. So, if you do have good transferable job skills - especially for jobs in demand in Canada -, good work experience, a higher education and are fluent in at least one of the two languages in Canada you may qualify.

Here is a link to Canadian immigration opportunities:

http://www.cic.gc.ca...grate/index.asp

YAY! I passed!

Seriously though, doesn't Canada also offer a NAFTA visa? I assume that they must, as the US offers one to Canadians and Mexicans.

[canadian_wife 1,791]

If you read through the entire post, you'll see that the admission of claiming to be a US citizen was done at the interview, so no USCIS and NVC obviously wouldn't have caught it.

toma1 - yes a NAFTA visa is available to go to Canada as a non-immigrant but as Kathryn mentioned, it needs to be in a profession that is a highly in demand profession

Good luck.

Silly question... how did this even get through the USCIS and the NVC???

[toma1 10]

Forbes did an article a few years back about the top 10 occupations most likely to receive a visa. The context was the US, but I suppose they would apply to almost any industrialized country. Any guesses? The list is below:

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.

.

.

.

.

.

.

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7. Researcher or Scientist in the Hard Sciences (e.g pharmaceutical researcher)

6. Top Tier Athlete

5. Artist or Musician of Extraordinary Talent

4. Executive for a Large Company ("If you're with a small company forget it.")

3. Physical Therapist

2. Registered Nurse

1. University Professor

http://www.forbes.com/2006/07/13/leadership-careers-immigration-cx_tw_0713jobsthatgetyouausvisa.html

[canadian_wife 1,791]

You can add 'doctor' to that list for Canada. The doctor shortage back home is sickening!

Yes, pun intended

[Kathryn41 3,205]

Actually, here is a list of the high demand occupations in Canada - athlete and entertainers are not among them, not surprisingly.

http://www.theskillsite.com/canada-immigration/high-demand-occupations.htm

• Financial Managers
• Computer and Information Systems Managers
• Managers in Health Care
• Restaurant and Food Service Managers
• Accommodation Service Managers
• Construction Managers
• Financial Auditors and Accountants
• Geologists, Geochemists and Geophysicists
• Mining Engineers
• Geological Engineers
• Petroleum Engineers
• Specialist Physicians
• General Practitioners and Family Physicians
• Audiologists and Speech Language Pathologists
• Occupational Therapists
• Physiotherapists
• Head Nurses and Supervisors
• Registered Nurses
• Medical Radiation Technologists
• Licensed Practical Nurses
• University Professors
• College and Other Vocational Instructors
• Chefs
• Cooks
• Contractors and Supervisors, Pipefitting Trades
• Contractors and Supervisors, Carpentry Trades
• Contractors and Supervisors, Heavy Construction
• Equipment Crews
• Electricians (Except Industrial and Power System)
• Industrial Electricians
• Plumbers
• Steamfitters, Pipe fitters and Sprinkler System
• Installers
• Welders and Related Machine Operators
• Duty Equipment Mechanics
• Crane Operators
• Drillers and Blasters – Surface Mining, Quarrying and Construction
• Supervisors, Mining and Quarrying
• Supervisors, Oil and Gas Drilling and Service
• Supervisors, Petroleum, Gas and Chemical Processing and Utilities

[toma1 10]

Actually, here is a list of the high demand occupations in Canada - athlete and entertainers are not among them, not surprisingly.

Cooks and sprinkler system installers even? WOW.. might be easier to list the ones that are aren't in demand. I guess they have a lot of space to fill up there...

Maybe the OP and/or his wife could fit into one of those categories, or at least get trained for one... some of them don't require much training. Ya know... once she is a Canadian, it's not very difficult to visit the USA through the VWP.

[toma1 10]

You can add 'doctor' to that list for Canada. The doctor shortage back home is sickening!

Yes, pun intended

Don't doctors have mandated fee limitations under the CHA? With that in place and a huge southern neighbor that does not have a similar system, it's no wonder Canada has a doctor shortage. As long as it is easy for a doctor to work on the US side of the border, it's a simple supply and demand problem. Price ceilings cause shortages.

And price floors cause surpluses--as in the US Dairy industry.

Edited April 3, 2010 by toma1