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Canadian inadmissible to US and engaged to an American!

#1 ZAUBRO╦

ZAUBRO╦

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  • Joined: 18 Mar 2010
  • Country: Canada



Posted 18 March 2010 - 09:38 AM

Hi everyone... I'm new to this forum.

I am an American, engaged to a Canadian. We met in NYC while he was on vacation, and he decided to not go home and start a life with me in the US. His visitor's visa was expiring so we went to Canada (never overstayed his visa), and he took me to meet his family. On our way back into the USA he was declared inadmissible to the USA under sections 212(a) (6)©(i) and (7)(A)(i)(I) and was told he was given a 5 year ban under section 235(b)(1) or 240 of the Act. Basically after 7 hours of interrogation, they discovered he had an American girlfriend and illegally waited tables in NYC after reading his emails on his laptop and going through his cell phone, notebooks, and personal belongings. Because he lied initially about working, the officers said he committed fraud by misrepresenting himself.

We are trying to figure out what to do from here. He has applied for the non-immigrant waiver to enter the states. But we want to get married! Is it better to apply for the k1 fiance visa? Or to marry in Canada or elsewhere and for me to file an I-130 for him to immigrate? We are just wanting to go through whatever steps and paperwork necessary so he can come into the states legally again, and hopefully to live, work, and immigrate. We also don't want to elope and screw up our immigration process. We just want to figure out the right steps.....

Does anyone know about inadmissibility and if you can even apply for the k1 visa and I-130? Or will we just be denied because he is ineligible due to inadmissibility?

Also we have heard from different sources that his ban is not actually 5 years, but 5 years to life because of the fraud issue. Does anyone know anything about this? Or know what happens when the 5 years is up?

Thanks! It's nice to know we are not alone in this.
  • 0

#2 spectheintro

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Posted 18 March 2010 - 09:44 AM

On our way back into the USA he was declared inadmissible to the USA under sections 212(a) (6)©(i) and (7)(A)(i)(I) and was told he was given a 5 year ban under section 235(b)(1) or 240 of the Act.


If you are sure about this ban, then you need to hire an immigration attorney. He will be ineligible for any sort of visa as long as this ban is in effect, and because they gave it to him for "lying," I think (not sure) it's going to be more difficult to get around it than an overstay. I'm really sorry you're in this situation, and I know it's not the advice you were looking for, but any time there's a ban in effect you really need legal representation.

Best of luck.
  • 0

#3 sachinky

sachinky

    We just look a lot better under the blue lights.



Posted 18 March 2010 - 09:50 AM

I'm not sure if there are waivers for material misrepresentation. He might have to wait it out. Maybe someone else can chip in?

I'd suggest hiring an attorney to go over your options.
  • 0

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#4 JimVaPhuong

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Posted 18 March 2010 - 10:06 AM

It sounds like the only thing they're holding against him is the fact that he misrepresented himself, and not the fact that he worked illegally in the US. The INA doesn't specifically state how long a person is banned for misrepresentation. It only says that such a person is inadmissible. Section 235, which they mentioned, only describes that the CBP officer has the discretion to deny them entry or have them removed from the US. It's pretty much up to the discretion of DHS how long he is banned.

You can petition for a visa. Your petition will probably be approved, but his visa will be denied at the interview. You can submit an application for a waiver of the ban, but you must prove extreme hardship. These waivers can be tough to get. A good immigration lawyer with extensive experience with these sort of waivers is highly recommended.
  • 2

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05/01/2013 - Removal of Conditions - APPROVED!


#5 pushbrk

pushbrk

    Straight Talk Member



Posted 18 March 2010 - 10:10 AM

It sounds like the only thing they're holding against him is the fact that he misrepresented himself, and not the fact that he worked illegally in the US. The INA doesn't specifically state how long a person is banned for misrepresentation. It only says that such a person is inadmissible. Section 235, which they mentioned, only describes that the CBP officer has the discretion to deny them entry or have them removed from the US. It's pretty much up to the discretion of DHS how long he is banned.

You can petition for a visa. Your petition will probably be approved, but his visa will be denied at the interview. You can submit an application for a waiver of the ban, but you must prove extreme hardship. These waivers can be tough to get. A good immigration lawyer with extensive experience with these sort of waivers is highly recommended.


In short, you have a tough road. Unless there really is a severe hardship, having a life together in Canada may be your most viable option for anytime soon.
  • 1

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless.  Anonymous


#6 canadian_wife

canadian_wife

    Super Elite Member



Posted 18 March 2010 - 10:37 AM

Misrepresentation bans are one of the toughest to get past. You'll certainly need a lawyer. Plus, you'll need to prove why you, the US citizen, cannot live in the US without your boyfriend and why you cannot move to Canada.

check out immigrate2us.net - they focus on inadmissability.

Laurel Scott specializes in inadmissability and offers a free immigration chat on wednesdays

Good luck
  • 1
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#7 ZAUBRO╦

ZAUBRO╦

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  • Joined: 18 Mar 2010
  • Country: Canada



Posted 18 March 2010 - 11:11 AM

Wow thanks everyone for the fast responses!

I have actually applied for residency in Canada, because when we did talk to a lawyer, he said it would make my fiance's case for visiting the US easier, because both of us would have settled lives in Canada. Our plan was to wait it out to see if is non-immigrant waiver is accepted... and then get an immigration lawyer for the next step. Also I would like to be able to live with him while we deal with all of this, so Canadian residency seemed like a great option for us.

I guess we need a immigration attorney! I will look on immigrate2us.net and try to chat with Laurel Scott too!

I think we can manage the 5 year ban, I'm just wondering what happens after that, and if we will ever be able to live in the US together!
  • 0

#8 Gary and Alla

Gary and Alla

    Я вижу тебя



Posted 18 March 2010 - 01:12 PM

Hi everyone... I'm new to this forum.

I am an American, engaged to a Canadian. We met in NYC while he was on vacation, and he decided to not go home and start a life with me in the US. His visitor's visa was expiring so we went to Canada (never overstayed his visa), and he took me to meet his family. On our way back into the USA he was declared inadmissible to the USA under sections 212(a) (6)©(i) and (7)(A)(i)(I) and was told he was given a 5 year ban under section 235(b)(1) or 240 of the Act. Basically after 7 hours of interrogation, they discovered he had an American girlfriend and illegally waited tables in NYC after reading his emails on his laptop and going through his cell phone, notebooks, and personal belongings. Because he lied initially about working, the officers said he committed fraud by misrepresenting himself.

We are trying to figure out what to do from here. He has applied for the non-immigrant waiver to enter the states. But we want to get married! Is it better to apply for the k1 fiance visa? Or to marry in Canada or elsewhere and for me to file an I-130 for him to immigrate? We are just wanting to go through whatever steps and paperwork necessary so he can come into the states legally again, and hopefully to live, work, and immigrate. We also don't want to elope and screw up our immigration process. We just want to figure out the right steps.....

Does anyone know about inadmissibility and if you can even apply for the k1 visa and I-130? Or will we just be denied because he is ineligible due to inadmissibility?

Also we have heard from different sources that his ban is not actually 5 years, but 5 years to life because of the fraud issue. Does anyone know anything about this? Or know what happens when the 5 years is up?

Thanks! It's nice to know we are not alone in this.



If you want to marry someone that is a liar and has a ban because of previous lying and fraud he would have to request a waiver. If the waiver is granted he can then come here and promise to love, honor and cherish you the rest of his life.

The experienced people at DHS tend to take a dim view of such promises from people that have demostrated clear contempt for laws, rules, promises etc.
  • -8

VERMONT!  I Reject Your Reality...and Substitute My Own!

Gary And Alla


#9 pushbrk

pushbrk

    Straight Talk Member



Posted 18 March 2010 - 04:24 PM

If you want to marry someone that is a liar and has a ban because of previous lying and fraud he would have to request a waiver. If the waiver is granted he can then come here and promise to love, honor and cherish you the rest of his life.

The experienced people at DHS tend to take a dim view of such promises from people that have demostrated clear contempt for laws, rules, promises etc.


So then you don't think they'll think of this lying about working as pretty much the same as lying about sex? Probably not, huh?
  • -2

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless.  Anonymous


#10 Old Dominion

Old Dominion

    Diamond Member



Posted 18 March 2010 - 08:17 PM

Life in Canada can be quite good. The OP must decide whether this relationship is real enough to take that risk. As to returning one day to the US as a married couple,there won't be a binding answer available anytime soon.
  • 0

#11 Kathryn41

Kathryn41

    " zookeeper"



Posted 18 March 2010 - 10:18 PM

Judgmental comments are inappropriate, of no use to the OP, and were not requested. If you have nothing useful to add to this thread, please do not add anything at all.
  • 0

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#12 Brother Hesekiel

Brother Hesekiel

    No B.S. Member



Posted 18 March 2010 - 11:58 PM

I second what the Canadian wife stated. If it can be done, Laurel Scott is the best woman for the job as waivers is what she does exclusively!
  • 0
There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

#13 KC99

KC99

    Newbie

  • Pip


Posted 19 March 2010 - 10:58 AM

It appears the canadian moving to the US will be quite a hassle. If the American feels up to it,she can move to Canada where they can get married live together do a DCF and work on waivers for the ban. Unless of course there are other things to be taken into consideration. Best of Luck.
  • 0

#14 ZAUBRO╦

ZAUBRO╦

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  • Joined: 18 Mar 2010
  • Country: Canada



Posted 20 March 2010 - 01:32 PM

Thanks for Kathryn41..... it's shocking how outspoken and negative people can be when obviously we are going through a very difficult time.

On a good note... just a day or two after I posted this I found out my Canadian residency application is in the final stages! So it looks like we will live a happy life together in Canada! Hopefully from there we can work on his papers to come to the states, and in 5 years we can move to the US?

Through these forums I'm learning that his inadmissibility may still be a issue for LIFE and not 5 years. We need a lawyer! I'm still waiting for Wednesday for Laurel Scott.

Edited by ZAUBRO╦, 20 March 2010 - 01:33 PM.

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#15 ZAUBRO╦

ZAUBRO╦

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  • Joined: 18 Mar 2010
  • Country: Canada



Posted 20 March 2010 - 01:59 PM

Also, KC99, I was looking into the DCF and it looks like that would be the best option for us, because I will be a resident of Canada (thanks for that advice!) Does anyone know if the DCF is even an option because of the misrepresentation and inadmissibility?
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