Canadian trying to get back to US wife and 2 US children.

[canadian1971 0]

Thank you very much for your replies, I really appreciate it and will consider gettoing a consultation with Laurel Scott as she seems to be the most recommended lawyer out there.

[A and T 82]

Thank you very much for your replies, I really appreciate it and will consider gettoing a consultation with Laurel Scott as she seems to be the most recommended lawyer out there.

Why not live in Canada? Better healthcare, the kids and wife would be lucky to get a chance to live there. Maybe sell off the things you bought in the usa and move them back . They are very lucky to have a chance to live in Canada

[Deputy Purple 1,294]

212(a)(6)©(i) which I believe to be fraud.

Did they ever find out about your wife & kids in the US during your interview? The section listed mentions both Fraud & Material Misrepresentation.

212(a)(7)(A)(i)(I) which I believe to be insufficient documentation.

This section mentions specifically "Immigrant" and talks about not having a valid immigrant visa or re-entry permit in addition to valid ID/Travel documents.

Since they've dinged you on both I would say it's likely that you're charged with Material Misrepresentation as they were able to determine you hide material facts such as that you'd been living illegally in the US with your USC family.

Doing this without a lawyer is suicide, if you have Material Misrepresentation on you then the ban isn't just 5 years but in fact Lifetime! It can be overcome with a waiver but you've got the problem of overcoming why she can't move to Canada and live with you there especially since you've already done that.

[Jojo92122 1,924]

This is just a really sad case.

The OP and his family had a legal way to immigrate to the US. His US citizen wife could have petition for him. She could have filed to adjust his status while he was in the US. The cost would be around $1,000.

The lying is what did him in. That and leaving the US after being here illegally. Now, it going to cost $10,000 to fix the problem.

Edited April 5, 2011 by Jojo92122

[Deputy Purple 1,294]

This is just a really sad case.

Maybe the saddest part is that the OP obviously knew he was living & working illegally in the US otherwise why would he feel he needed to lie at the border.

[baylily 0]

I do not want to make light of this situation, but....

You told immigration that you were leaving CANADA to visit ARIZONA to go skiing for the day?

[RichiJenny 14]

Not necessarily. The Op hasnt asked for judgment on his case, merely advice. The punishment enough has been handed down by the US Govt, no need for a witch-hunt here really. Now the task in hand is to get the petition out and prepare the waiver whilst waiting. It can be done with the help of www.immigrate2us.net and the laurel scott chats which are free, to get the ball rolling. There are individuals on there, that I know of personally that have overcome more serious instances, without the full time aid of a lawyer, AND overturned the bar / had a successful waiver approval.

Definitely spend more time on the i2us board and do your research, ask questions, dont be afraid to there, everbody is in the same position in one way or another.

[Done--Really 331]

You said it far better than I, RichiJenny. I have been involved with the folks at I2US for a few years, and they together pull off miracles often without a lawyer.

[Harsh_77 716]

Here is the one thing that I have a great difficulty wrapping my head around...

One could live and work illegally in the US, stay there illegally, then file for an adjustment of status from within the US. Immigration law absolves the person of these illegalities.

Conversely, if one exits the country, tries to get back in, then all cards are off the table.

Makes ZERO logical sense...

Sorry to say this, but just coz the laws don’t favor you at the moment; you think laws don’t make any sense.

in first place and this is my opinion laws don’t make any sense to you at all, all this while you were in US, you knew you were illegal, law states you are not allowed to work, yet you ignored the law and worked, law states you whatever information you provide to officer at POE would be best of your information, yet you lied.

If you wanted to live in US there was a path for you and there was a process and procedures set and you could had filed for you CR1 or PR1, there are rules set for a reason.

I think you are in situation right now where you need a good immigration lawyer, who can file proper papers for you – another thing you might want to remember lawyers cannot expedite your case by them knowing someone or paying someone in USCIS.

All lawyer can do is make sure and guide you guys file proper and correct paper work.

[Harsh_77 716]

Why not live in Canada? Better healthcare, the kids and wife would be lucky to get a chance to live there. Maybe sell off the things you bought in the usa and move them back . They are very lucky to have a chance to live in Canada

Better healthcare?????

Hmmm someone will have to educate me on this one - you can say free.... but better.....

[A and T 82]

Better healthcare?????

Hmmm someone will have to educate me on this one - you can say free.... but better.....

Not exactly free, its universal healthcare , so everyone is covered. You can still buy private insurance if you need the best of the best there. But at least its not something you have to worry about with your family. Unlike in the usa, if you have no insurance here =screwed if you need medical attention

[Harsh_77 716]

Not exactly free, its universal healthcare , so everyone is covered. You can still buy private insurance if you need the best of the best there. But at least its not something you have to worry about with your family. Unlike in the usa, if you have no insurance here =screwed if you need medical attention

Have you experienced the universal health care? I know it sounds wonderful and nice first place its not free at all, it comes from your taxes, which are much higher.

Second the backlog is so bad that ppl pay out of their own pocket travel to US for the medical care they need, pay for the treatment and go back.

I can share a first hand incident, I had a co-worker from CA, her mom had injured her toe it was getting infected but she had no appointment available for 3 months, if she would had waited probably her mom would had to lose the perfect toe.

Fortunately she was working in US, she got her mom her and paid out of her pocket and her mom was able to completely recover.

[bigbigblake 2]

Have you experienced the universal health care? I know it sounds wonderful and nice first place its not free at all, it comes from your taxes, which are much higher.

Second the backlog is so bad that ppl pay out of their own pocket travel to US for the medical care they need, pay for the treatment and go back.

I can share a first hand incident, I had a co-worker from CA, her mom had injured her toe it was getting infected but she had no appointment available for 3 months, if she would had waited probably her mom would had to lose the perfect toe.

Fortunately she was working in US, she got her mom her and paid out of her pocket and her mom was able to completely recover.

I really don't buy this.

Ive learned a lot from my wife about Canada health insurance and if its an emergency they will definitely treat you now. There is no 3 month waiting list.

Now if its an optional or not a "high risk" problem, you hit the waiting list.

My daughter got hit by a car last year and I got to experience all the bells and whistles of the childrens hospital in Winnipeg. Let me tell you, going from this hospital to a paid hospital in the US is night and day.

EVERYTHING was old. Like way old. The machines, the tech, everything was older and lower quality. The service was horrible, it took hours to get a nurse to come when we needed assistance. I was so very un-impressed.

I have friends in Quebec who told me a story about how they recently got an upgrades CT machine. It took years and years of them complaining about it until they convinced them to upgrade.

Once they upgraded they decided to send the CT machine to a third world country as a donation. The country they chose REJECTED the machine as being old, unsafe, and more outdated then there current machine.

That kinda stuff is what makes me shrug at the Canadian system.

[canadian1971 0]

Did they ever find out about your wife & kids in the US during your interview? The section listed mentions both Fraud & Material Misrepresentation.

This section mentions specifically "Immigrant" and talks about not having a valid immigrant visa or re-entry permit in addition to valid ID/Travel documents.

Since they've dinged you on both I would say it's likely that you're charged with Material Misrepresentation as they were able to determine you hide material facts such as that you'd been living illegally in the US with your USC family.

Doing this without a lawyer is suicide, if you have Material Misrepresentation on you then the ban isn't just 5 years but in fact Lifetime! It can be overcome with a waiver but you've got the problem of overcoming why she can't move to Canada and live with you there especially since you've already done that.

They did find out about my wife and kids during the interview because I knew at that time that I better come clean to not make things worse for myself. (It did not help anyways, I would have probably been better to say nothing, the INS Officer didn't spare a punch even though he said he did...)

I will seriously consider using a lawyer, but again, I do not have the funds to do so. I will see if I can have a friend or family member advance me the $10K+ needed to use a lawyer.

Thanks for your reply.

[canadian1971 0]

Sorry to say this, but just coz the laws don’t favor you at the moment; you think laws don’t make any sense.

in first place and this is my opinion laws don’t make any sense to you at all, all this while you were in US, you knew you were illegal, law states you are not allowed to work, yet you ignored the law and worked, law states you whatever information you provide to officer at POE would be best of your information, yet you lied.

If you wanted to live in US there was a path for you and there was a process and procedures set and you could had filed for you CR1 or PR1, there are rules set for a reason.

I think you are in situation right now where you need a good immigration lawyer, who can file proper papers for you – another thing you might want to remember lawyers cannot expedite your case by them knowing someone or paying someone in USCIS.

All lawyer can do is make sure and guide you guys file proper and correct paper work.

Let's agree to disagree respectfully about the laws.

I am not here to be judged, just helped along as to how I should proceed with this very unfortunate situation.

I am not wanting to pay anyone off, and do not understand why you are saying that. I have two young children, a wife, community ties to return to.

I do not want to make light of this situation, but....

You told immigration that you were leaving CANADA to visit ARIZONA to go skiing for the day?

I was actually driving down from Vancouver with a friend to actually go skiing for a day and then going home after that on a plane. AND BTW, there is skiing in Arizona! (Near Flagstaff...)