Question about time spent in USA previously.

[CM_LOH 0]

I am a Canadian woman who recently married an American. We are currently waiting for an NOA2 for the I-130 my husband filed.

I was in the USA without a visa for approximately 7 years, and returned to Canada on my own about 7 years ago. As a Canadian, I was not required to have a visa or even a passport to enter the USA at that time. I did not work in the USA, I was not deported, I had no issues or run-ins with the law or any sort of immigration or customs officials at any time. When I entered the USA about 14 years ago, I did not plan on staying, but the situation with my then-husband deteriorated and I ended up staying in the USA, and divorcing him. My ex-husband is Canadian and stayed in Canada, he did not enter the USA with me. When I returned to Canada, I did tell the customs officials at the border how long I had been in the USA and declared my personal items that I was bringing back with me into Canada, they had no problem with this. Also, I did have an American Driver's License, as my Canadian one had expired while I was in the USA and so I got a new one there. So I assume that there will be some records somewhere of me being in the USA back then.

How will my time in the USA affect our application for my green card to move to the USA and live with my new husband and work in the USA? Can this have a negative effect on our application? If I do not reveal this information, and they find out, can this be grounds for a denial?

I'm scared to tell them, but I'm also scared not to. I realize that I should be as truthful as possible, and want to do so, but I'm concerned that my extended time in the USA will hurt our chances of being approved.

Edited March 29, 2012 by CM_LOH

[Ryan H 3,790]

I was in the USA without a visa for approximately 7 years, and returned to Canada on my own about 7 years ago. As a Canadian, I was not required to have a visa or even a passport to enter the USA at that time. I did not work in the USA, I was not deported, I had no issues or run-ins with the law or any sort of immigration or customs officials at any time. When I entered the USA about 14 years ago, I did not plan on staying, but the situation with my then-husband deteriorated and I ended up staying in the USA, and divorcing him.

Regarding the statement I put in bold, be that as it may, you overstayed your authorized time in the US and you did so for over a year, then voluntarily left. When you left the US, you triggered a 10 year re-entry ban that in your case, has 3 years remaining unless a waiver is obtained.

How will my time in the USA affect our application for my green card to move to the USA and live with my new husband and work in the USA? Can this have a negative effect on our application?

See above

If I do not reveal this information, and they find out, can this be grounds for a denial?

Absolutely, and the grounds for denial would be Material Misrepresentation. The penalty for Material Misrepresentation is a permanent entry ban to the US.

I'm scared to tell them, but I'm also scared not to. I realize that I should be as truthful as possible, and want to do so, but I'm concerned that my extended time in the USA will hurt our chances of being approved.

You must tell the truth, and you must be prepared to file a waiver or wait out the remaining years on the incurred ban.

[Brother Hesekiel 2,235]

I second Ryan's post.

It may be scary to tell the truth, but lying here could end your American dream forever.

[jaycali 415]

As a Canadian, I was not required to have a visa or even a passport to enter the USA at that time. I did not work in the USA, I was not deported, I had no issues or run-ins with the law or any sort of immigration or customs officials at any time.

Even if you enter without a visa or passport, you're still not allowed to stay for 7 years. Your presence was unlawful regardless.

When I returned to Canada, I did tell the customs officials at the border how long I had been in the USA and declared my personal items that I was bringing back with me into Canada, they had no problem with this.

I'm assuming you're referring to the Canadian customs agents?

Canadian border officials don't care how long you stayed in the US or what your status there was. Their job is to make sure you're eligible to enter Canada, nothing else. Had you told the US border officials, you would have probably received a 10 year bar.

Also, I did have an American Driver's License, as my Canadian one had expired while I was in the USA and so I got a new one there. So I assume that there will be some records somewhere of me being in the USA back then.

How did you get a license? You should have needed a valid visa for that.. Do you remember if you may have claimed US citizenship to the DMV? This is a very important thing to remember as any false claim to US citizenship is pretty much a crime equal to rape and murder in the eyes of immigration, and carries a lifetime ban without the possibility of appeal or a waiver.

How will my time in the USA affect our application for my green card to move to the USA and live with my new husband and work in the USA? Can this have a negative effect on our application?

Absolutely. Id suggest getting a lawyer. Any unlawful presence in excess of one year is likely to incur a 10 year bar from entry. You being married to a US citizen won't help that. The bar would have started the moment you left the US.

Immediate relatives of US citizens are however eligible to file a waiver of inadmissibility if the US citizen can prove he/she or any children of yours will suffer extreme hardship if you're denied a visa. They'd also have to prove that they absolutely cannot live with you in Canada. For this, i suggest reading some of the threads in the I-601 waiver forum. And get a lawyer to see if you may qualify for a waiver.

If I do not reveal this information, and they find out, can this be grounds for a denial?I'm scared to tell them, but I'm also scared not to. I realize that I should be as truthful as possible, and want to do so, but I'm concerned that my extended time in the USA will hurt our chances of being approved.

Put it this way:

If you're honest - you'll likely have your visa denied, and be told to try again when the 10 year bar has passed. You'll also be eligible for an extreme hardship waiver.

If you lie - They'll most likely find out anyway, and your 10 year bar has now turned into a lifetime bar with almost no possibility of a waiver being granted.

I know it's harsh, but they don't take lightly to lengthy overstays.

Edited March 29, 2012 by jaejayC

[aaron2020 11,651]

Even if you enter without a visa or passport, you're still not allowed to stay for 7 years. Your presence was unlawful regardless.

I'm assuming you're referring to the Canadian customs agents?

Canadian border officials don't care how long you stayed in the US or what your status there was. Their job is to make sure you're eligible to enter Canada, nothing else. Had you told the US border officials, you would have probably received a 10 year bar.

How did you get a license? You should have needed a valid visa for that.. Do you remember if you may have claimed US citizenship to the DMV? This is a very important thing to remember as any false claim to US citizenship is pretty much a crime equal to rape and murder in the eyes of immigration, and carries a lifetime ban without the possibility of appeal or a waiver.

Absolutely. Id suggest getting a lawyer. Any unlawful presence in excess of one year is likely to incur a 10 year bar from entry. You being married to a US citizen won't help that. The bar would have started the moment you left the US.

Immediate relatives of US citizens are however eligible to file a waiver of inadmissibility if the US citizen can prove he/she or any children of yours will suffer extreme hardship if you're denied a visa. They'd also have to prove that they absolutely cannot live with you in Canada. For this, i suggest reading some of the threads in the I-601 waiver forum. And get a lawyer to see if you may qualify for a waiver.

Put it this way:

If you're honest - you'll likely have your visa denied, and be told to try again when the 10 year bar has passed. You'll also be eligible for an extreme hardship waiver.

If you lie - They'll most likely find out anyway, and your 10 year bar has now turned into a lifetime bar with almost no possibility of a waiver being granted.

I know it's harsh, but they don't take lightly to lengthy overstays.

USCIS does not take it lightly when a visitor ignore our immigration laws. It's even worse when an applicant lies.

Remember it's not the crime. It's the coverup that usually gets people in trouble.

Disclose your unlawful presence in the US. Deal with the consequences of your actions. Be prepared to have your adjustment denied because of your actions. Get your waiver ready to file after receiving the denial.

If you lie or omit facts, you are looking at a permanent ban from the US. It's not going to be hard for USCIS to find records of your time in the US. USCIS will find out about your US driver's license. The DMV will disclose this fact to USCIS. If you used a credit card or debit card, there will be bank records of this. There is plenty of information out there to verify your unlawful presence in the US.