IR1 Denied

[gajar2 0]

Hi All:

I just had my interview at the montreal embassy, they denied my IR1 application saying that they had banned me in 2001, when they denied me entry to the US, and before that i had lived in the US out of status for more than a year. I am a canadian citizen and i've visited US atleast 10 times in the last 12 months, i am not sure how they came about this decision, but they gave me these options a. to wait till the ban is over in march 2011, b. apply for a waiver.

I just wanted to see if someone can shed some light on this and tell me how long do these waivers take, because i've spoken to my lawyer and according to them this should not take more than six months.

Thanks.

G

[spauldingjeffrey 0]

Hi All:

I just had my interview at the montreal embassy, they denied my IR1 application saying that they had banned me in 2001, when they denied me entry to the US, and before that i had lived in the US out of status for more than a year. I am a canadian citizen and i've visited US atleast 10 times in the last 12 months, i am not sure how they came about this decision, but they gave me these options a. to wait till the ban is over in march 2011, b. apply for a waiver.

I just wanted to see if someone can shed some light on this and tell me how long do these waivers take, because i've spoken to my lawyer and according to them this should not take more than six months.

Thanks.

G

Im sorry to hear this im not sur what advice I could give you but we are in the same boat. We forgot to return an I-94 card the last time my fiancee visited the US and we are worried about a ban too. Our interview is coming up in montreal in march so we are freaking out a little. if you want check out my last post and see our situation.

good luck to you i woudl go for the waiver if I were you!!

[gajar2 0]

Hi All:

I just had my interview at the montreal embassy, they denied my IR1 application saying that they had banned me in 2001, when they denied me entry to the US, and before that i had lived in the US out of status for more than a year. I am a canadian citizen and i've visited US atleast 10 times in the last 12 months, i am not sure how they came about this decision, but they gave me these options a. to wait till the ban is over in march 2011, b. apply for a waiver.

I just wanted to see if someone can shed some light on this and tell me how long do these waivers take, because i've spoken to my lawyer and according to them this should not take more than six months.

Thanks.

G

Im sorry to hear this im not sur what advice I could give you but we are in the same boat. We forgot to return an I-94 card the last time my fiancee visited the US and we are worried about a ban too. Our interview is coming up in montreal in march so we are freaking out a little. if you want check out my last post and see our situation.

good luck to you i woudl go for the waiver if I were you!!

I think i'd go for the waiver too, only thing i don't understand is that if i am banned in the US, how is it that i've been able to go there 10 times in the last year or so, and i've gone via a car 8 times and twice on the plane, but nobody told me about a ban ever, not even when i was refused entry at the border in 2001, and suddenly this 10 year ban, this is a little bit worrying.

[Ron/Sharon 0]

There may be different waiting times depending on what the waiver is for, I'm not at all sure how it all works. I received a waiver application at my interview and was told then that it would take about 12 months, that was in August 07 and about a week later I called the consulat for information and was then told 12 to 18 month. My waiver is for ciminal and alcohol related issues your is not.

I hope you can get a waiver within 6 month.

Good luck

Ron

[lucka 0]

I'm confussed here

DId you in fact lived in the US for more than a year without status?

If you did then you are in fact banned for 10 years

Did you re-enter the USA after you were sent back on 2001?

If you in fact are guilty of the charges , you have to submitt the waiver, i don't understand when you say you don't know how they made this decision.

Best of luck

[LadyNoles 0]

How do they lmpw you"ve been living in US for more than a year without status???

cause theres alot of mexicans living in US for years and they dont even know about it lollll

I"D go with the waiver ...

good luck

[spauldingjeffrey 0]

Hi All:

I just had my interview at the montreal embassy, they denied my IR1 application saying that they had banned me in 2001, when they denied me entry to the US, and before that i had lived in the US out of status for more than a year. I am a canadian citizen and i've visited US atleast 10 times in the last 12 months, i am not sure how they came about this decision, but they gave me these options a. to wait till the ban is over in march 2011, b. apply for a waiver.

I just wanted to see if someone can shed some light on this and tell me how long do these waivers take, because i've spoken to my lawyer and according to them this should not take more than six months.

Thanks.

G

I don't understand how you have been going back and forth to Canada for the 12 months and nobody said anything to you about the ban? In any way go for the waiver 12 months is closer than 2011.

[emt103c 10]

The waivers take about 13 months to process from Montreal, but you have to prove "Extreme Hardship" to a qualifying relative.

Okay, so, actually for Canada it is not quit as easy as you overstay, you're banned, because of an old memo from Madeleine Albright. For Canada, you are not out of status until you are "declared" out of status by an immigration judge or immigration official and THEN your illegal status begins. This is not widely known though.

However, if you had a ban from a deportation, were you denied entry with an expedited removal OR deported by an immigration judge OR denied entry without an actual ban?????

If I were you I would consult with Matthew Kolken who is an attorney experienced with Canadian cases. I spoke to him more than once and he is well aware of the Albright memo.

If you decide to proceed with the I-601 then you should check out www.immigrate2us.net for examples of how the waiver should be prepared. It is a pretty extensive process, but you don't necessarily need an attorney for it.

spauldingjeffrey: If you didn't actually have an overstay then you will have no problem. They are not looking for reasons to deny you and usually accept the times you reported unless there are definite reasons to suspect you of something. Just take proof that you left on time, just in case they ask. . .they probably won't.

Edited February 8, 2008 by emt103c

[john_and_marlene 162]

Hi All:

I just had my interview at the montreal embassy, they denied my IR1 application saying that they had banned me in 2001, when they denied me entry to the US, and before that i had lived in the US out of status for more than a year. I am a canadian citizen and i've visited US atleast 10 times in the last 12 months, i am not sure how they came about this decision, but they gave me these options a. to wait till the ban is over in march 2011, b. apply for a waiver.

I just wanted to see if someone can shed some light on this and tell me how long do these waivers take, because i've spoken to my lawyer and according to them this should not take more than six months.

Thanks.

G

Im sorry to hear this im not sur what advice I could give you but we are in the same boat. We forgot to return an I-94 card the last time my fiancee visited the US and we are worried about a ban too. Our interview is coming up in montreal in march so we are freaking out a little. if you want check out my last post and see our situation.

good luck to you i woudl go for the waiver if I were you!!

I think i'd go for the waiver too, only thing i don't understand is that if i am banned in the US, how is it that i've been able to go there 10 times in the last year or so, and i've gone via a car 8 times and twice on the plane, but nobody told me about a ban ever, not even when i was refused entry at the border in 2001, and suddenly this 10 year ban, this is a little bit worrying.

The difference is in the visa. There is more scrutiny applied to an immigrant visa than would be for visit entry.

For instance, bans that may be easily waiverable for a B2 visa, can be denied waiver for the same offense when trying to get an immigrant visa.

[gajar2 0]

I think i should clear a few things here:

I did stay over there for over a year (out of status) on my pakistan passport.

I did try to go to the US in 2001 and was denied entry at the border, and was told to go back to canada, but was not informed of any Ban at all.

I got married to a US citizen in Dec 2004. I visited US on my Canadian passport around ten times or more during 2007. Everytime I went to the border they DID know about my pending immigration case.

At the interview they told me about the overstay and the BAN, and the fact that I should apply for a waiver.

I spoke to my lawyer and she did not mention the fact that i need to prove hardship.

I hope this makes things a little bit clearer, what I don't understand is the fact that I've been able to visit the US so many times, even though it was on my Canadian passport, but my name, DOB, place of birth and everything remains the same and they always seem to know about my immigration case, so how is it possible that they did not know about the BAN. This does sound kinda weird. I do understand i need to file a waiver.

[emt103c 10]

J&M is right the difference is in the type of visa PLUS a new passport.

Hope they don't have to send anything to Pak for you, my hubby is also a Canadian citizen born in Pak and they took one of his certificates in July of 2006 sent it to ISL for "validation" and it's been sitting there without movement since then. He had not one security check issue, but this is killing me.

[LadyNoles 0]

ok now I understand better...well I presume loll They stamped your pakistan passport and saw that you overstayed that way...

Well theres 2 options :

1- apply for a waiver and chance to be done within 6 or 12 months

( your american spouse can always visit you in Canada. )

2- Your spouse come live with you in Canada and apply for immigration

Either way I wish you the best