Very Confused

[Fabi Rod 0]

I have a question about applying for a US Visa with my Colombian Passport.

Please read every detail meticulously so that you are not quick to give an answer.

I obtained my Canadian Permanent Resident card about a month ago.

I was accepted in Canada as Conventional Refugee.

I am a citizen of Colombia.

I lived in the United States since I was 7 (came by plane under a 5 year Type R(Regular Visitor) US Visa).

I moved to Canada in 2008 and have been here for 3 years now.

My parents applied for Political Asylum in the United States and were denied.

They appealed and their appeal was also denied, so they decided to finally voluntarily depart from the United States to Canada.

However,

in the time that (I) remained unlawfully present in the United States, I was a minor and dependent of my parents

and had no understanding of Immigration laws.

See US Immigration and Nationality Act Section 212(a)(9)(B): "(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I)."

I turned 18 on January 26, 2008 in the US and moved to Canada with my parents on June 23, 2008.

This means that I had technically remained unlawfully present in the United States for less than 180 days. 149 days to be exact.

See US Immigration and Nationality Act Section 212(a)(9)(B):

"(B) ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235(b)(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal,"

I was informed by an Immigration Lawyer that for the reasons above, I no not need to apply for a US Waiver to reapply for a US Visa.

I wanted to know that if upon showing proof of my Canadian permanent resident card, entry date of the US, entry date of Canada, Canadian driver's license and proof of employment/school, I could obtain a US Visa being as my intent to travel to the US to visit (this is where it gets extremely complicated) MY FIANCE.

I've been going out with my FIANCE for 2 years and I've known her since childhood and I want to live and finish an Associate's Diploma in New York City living with her. Yes, I want to live in the US again, legitimately. I do want to live in Canada but later on. My fiance came two times to visit me and it's getting extremely annoying seeing her every couple of months. I just don't know what to do.

I want to be completely honest with US Immigration and I understand that if I try to apply for a Visitor Visa, it's not with the intent to "live there". BUT I DO WANT TO LIVE THERE.

I'm so confused.

Friends told me that we should marry in Canada and fill out a Spouse Visa but we don't want to get married yet.

We want it to be something special but we also miss each other terribly.

Please help me. Don't shoot down my dreams. I actually have a US Social Security Number. I want to live in the US again badly.

[RICARDO4EVA2 194]

I am not the expert where this is concerned but what i do know is - even if your move to another country your prior condition remained the same with the usa and the fact that you were here illegally. That being said seems you would need to have a waiver as you would be inadmissible. someone will correct if i'm wrong.

[Fabi Rod 0]

As I stated before, Please do not give a quick answer. This is a forum.

That's the part that I'm least worried about. I already spoke to various US Immigration Lawyers that have determined (and if you fully read what I stated, including information about my age and understanding about dependance and having no understanding of US Immigration Laws as a minor, you would comprehend) that I would not need a US Waiver. I even spoke to US Waiver Officers. I just want advice on the type of Visa to apply for to be quite honest. Thanks for your response but that is not what I was looking for.

[RICARDO4EVA2 194]

As I stated before, Please do not give a quick answer. This is a forum.

That's the part that I'm least worried about. I already spoke to various US Immigration Lawyers that have determined (and if you fully read what I stated, including information about my age and understanding about dependance and having no understanding of US Immigration Laws as a minor, you would comprehend) that I would not need a US Waiver. I even spoke to US Waiver Officers. I just want advice on the type of Visa to apply for to be quite honest. Thanks for your response but that is not what I was looking for.

was not a quick answer you are welcome. I know it is a forum I have been apart of it for sometime now and I can tell you how they operate. You must be nice. Hope you will get other responses that will be lengthy an detailed that a lawyer was not able to recommend.

best of luck.

[belinda63 2,981]

There are various types of visas you may apply for that will allow you to live in the US for a while such as a student or work visa. I believe some work visas can possibly lead to permanent residence in the US but you must remember they are difficult to obtain.

Since you are against marrying your female friend at this time I don't see that you have hope for a family based visa which would lead to permanent residence.