Whats going to happen?

[LiLMermaid 2]

I'm the benificiary, from Canada. We have applied and received our NOA2 and I'm getting packet 3 forms ready to go now. Now my problem. I came to visit my fiance in the USA in July with my 3 children (also Canadian). Not knowing any better we enrolled the kids in school in late August where they have been attending until now. We are leaving in the middle of Decmeber to go back to Canada. I've now realized that we've screwed up. The school told us it was ok but obviously according to immigration it is. I'm losing sleep over this now. Should I wait till we are back in canada, put the kids in school and list that on the form as their 'most recent school' which in truth it will be. Or bite the bullet and just list the US school because obviously someone is going to notice we were in the USA for almost 5 months. As Canadians we are allowed 6 months and we have not overstayed. What kind of issues am I looking at here? I don't think either waivers apply in my case. I'm just not real confident that they are just going to 'forgive' me that easily.

[Inky 1,110]

Just for refrence you will need to list all educational institutions attended so listing most recent wont matter as you have to list them attending in the states anyways. They ask the name and location, the dates attended as well as course of study.

[LiLMermaid 2]

Just for refrence you will need to list all educational institutions attended so listing most recent wont matter as you have to list them attending in the states anyways. They ask the name and location, the dates attended as well as course of study.

Yeah I know that .....I know its going to come out either way...there's no way I'm going to lie about it and face even worse consequences. I'm just not really too sure on what exactly I'm facing here. I'm just debating on which looks worse. Putting the USA school as their current school or waiting and listing the Canadian school as current school when we go home next month. Or does it even matter. I can't believe I went through all this ordeal to do it legally and still managed to screw it up!

[desertblue88 0]

Just for refrence you will need to list all educational institutions attended so listing most recent wont matter as you have to list them attending in the states anyways. They ask the name and location, the dates attended as well as course of study.

Yeah I know that .....I know its going to come out either way...there's no way I'm going to lie about it and face even worse consequences. I'm just not really too sure on what exactly I'm facing here. I'm just debating on which looks worse. Putting the USA school as their current school or waiting and listing the Canadian school as current school when we go home next month. Or does it even matter. I can't believe I went through all this ordeal to do it legally and still managed to screw it up!

This might be a toughy. I would recommend from that you list where they have attended. Remember, if you falsify the information, and USCIS finds out, they can revoke your status, even up until Naturalization stages. So it is best to be honest with them. Let them know that you didnt' know (if they ask) and be clear, you were visiting and did not work etc.

I am not sure if you were violating any immigration laws by having your kids enrolled in school when you do not have any other status at this time other then Visitor status under the Visa Waiver Program. But to answer your original question. Yes. I would be honest. They have ways to find out. and if they do. It can create major problems. which may require a lot of Tim Hortons Coffee!

[emt103c 10]

By enrolling them in school, technically they are residing in the United States, and therefore have not abided by the special status given to Canadian citizens. The schools have to accept students with or without documentation so they will not tell you about immigration laws, it is neither their job nor expertise, HOWEVER, do not leave it out on the application. The ban for Misrepresentation is much more hard to overcome that most others.

That being said, as long as you have not overstayed your given time, the consulate will probably not ban you from getting your visa. . .however if you get a CO in a cranky mood, they could accuse you of Misrepresentation on your last entry because it is obvious you were planning on living here, not visiting, because the kids were enrolled in school

Most likely there will be no issue. Confirm EVERYTHING with a good attorney before exiting the United States.

[LiLMermaid 2]

By enrolling them in school, technically they are residing in the United States, and therefore have not abided by the special status given to Canadian citizens. The schools have to accept students with or without documentation so they will not tell you about immigration laws, it is neither their job nor expertise, HOWEVER, do not leave it out on the application. The ban for Misrepresentation is much more hard to overcome that most others.

That being said, as long as you have not overstayed your given time, the consulate will probably not ban you from getting your visa. . .however if you get a CO in a cranky mood, they could accuse you of Misrepresentation on your last entry because it is obvious you were planning on living here, not visiting, because the kids were enrolled in school

Most likely there will be no issue. Confirm EVERYTHING with a good attorney before exiting the United States.

Actually when I crossed the border we didn't plan on doing that at all. It only came up because my fiance had lost his job. He lived in Canada with us before moving back here and he was still helping to support us in Canada. I ended up supporting him because he was ineligible for unemployment benefits because they don't count his Canadian earnings. The only way we could keep afloat at that point was to stay here and put the kids in school....which we thought was fine as long as we did not overstay.

I think its all going to be up to the CO at this point. Apparently I'm not the only dummy that has done this. I seen another post on almost the same thing but they never posted again to say what happened.

Anybody know a good lawyer? The last lawyer we spoke to at the beginning of this process was clueless.

[emt103c 10]

Laurel Scott is really good, charges, I think $200 for the consultation and if she thinks all is fine you're golden. She will let you know that you don't need her. . .really honest about things like that.

As I said before, I think everything will be fine in the end. They may not even mention it or give it a second look. . .

[LiLMermaid 2]

Well I think I'll wait till we go back to Canada and re-enroll them there so I can at least list that as their current school. At least then they see that we left. If I fill it out and send it now would have to put the US school as their current and I just can't see anything good coming from that.

[Cacerez 19]

Actually when I crossed the border we didn't plan on doing that at all. It only came up because my fiance had lost his job. He lived in Canada with us before moving back here and he was still helping to support us in Canada. I ended up supporting him because he was ineligible for unemployment benefits because they don't count his Canadian earnings. The only way we could keep afloat at that point was to stay here and put the kids in school....which we thought was fine as long as we did not overstay.

Does that mean you were working in the US also?

[LiLMermaid 2]

No, I have other income from Canada.

Edited November 26, 2009 by LiLMermaid