HELP required please

[canadian_wife 1,785]

You are missing the point, you violate the terms of your last entrance into the US, you do not qualify to apply for entrance without a visa. To try to do so would be naive - regardless of how much of a great person you are or how you almost died

Good luck

[Tygrys 143]

Guys yes I voilated the terms some four years ago however...when I got hit by that car and nearly died I made sure I stayed and payed back every penny I used all of my savings....so in a way I have shown compliance to the usa law. I could of just come home and dipped on paying the bill.

Can I apply in canada for the visa? I'm not looking to fast talk my way over simply explain and show evidence that obviously I am going to come back!

Yes, you can apply for US visa in Canada. If you get CO nice enough, he/she may even listen to your whole story.

Look, nothing personal, but you really need to realize that:

1. there is real border between Canada and US

2. You will not be admitted into the US without proper documentation. Since you cannot use VWP, you will need B2 to enter.

I assume that your story is true, so I wish you luck with securing your visa and thank you for your service.

You need to keep in mind thogh that your visa can be denied because of previous overstay. It is just how these things work.

Edited May 17, 2012 by Tygrys

[Boiler 43,397]

You need to be a Citizen of the Country or have some form of residency to apply for a Visa at a given Consulate.

Would you not want to know you have a visa before planning your trip?

[Tygrys 143]

You need to be a Citizen of the Country or have some form of residency to apply for a Visa at a given Consulate.

Would you not want to know you have a visa before planning your trip?

Although I agree with you most of the time, this is not true. He can apply for B2 at US consulate in Canada.

[LIFE'SJOURNEY 970]

Why didn't you get the over-stay situation straighen out with the court documents from your criminal case. If you had gone to the embassy wuith the documents at the time, this mess would have been straighten out for you.

I really don't know what will happen now since time has lapsed. Have you even tried applying with all of your court documents, but I think there is something missing because the CO at POE didn't believe your story, When you tried to enter the last time did you have a certified court document with you?

Edited May 17, 2012 by LIFE'SJOURNEY

[Boiler 43,397]

Although I agree with you most of the time, this is not true. He can apply for B2 at US consulate in Canada.

and they will consider it?

[Tygrys 143]

and they will consider it?

Yes, you can apply for a visa at any consulate in any country is you're already there. Will you get it? Hmmm... I think to addition to "normal" procedure they will apply some additonal scrutiny.

Edited May 18, 2012 by Tygrys

[kc1986 0]

I was returning from a 3 night stay in mexico..I had no court documents. Basically I overstayed ...I was stupid... Saying that I did leave and come back to the uk then I went back and got through fine. So why didn't they flag it up then?

I am already booked to go canada whilst I am there I will just have to go to the us consulate and state my case as to why I overstayed and why I want to visit nyc for a week.

Thanks for all your time in replyiing

[Tygrys 143]

Why didn't you get the over-stay situation straighen out with the court documents from your criminal case. If you had gone to the embassy wuith the documents at the time, this mess would have been straighten out for you.

I really don't know what will happen now since time has lapsed. Have you even tried applying with all of your court documents, but I think there is something missing because the CO at POE didn't believe your story, When you tried to enter the last time did you have a certified court document with you?

This is a VERY good advise. You will have to work it out at the consulate in the UK.

My wife (then fiancee) was able to get the consulate to "expunge" unfavorable record placed in the system by CO in Cracow during B2 visa interview.

The CO accused my wife of material misinterpretation (big, big offense), but has nevertheless approved her B2.

Unfortunately, because of the note the CO made during the interview, my wife was turned around at POE and flown back to Europe.

As you can imagine, that pissed her off a lot. She fought the consulate for some 1/2 year and the record was ultimately deleted.

So, summing this up, you should try to straighten things out with the US consulate in UK. You may be succesful or not, but without doing so you have really very slim chance for any visa to the US to be granted.

Edited May 18, 2012 by Tygrys

[Tygrys 143]

I was returning from a 3 night stay in mexico..I had no court documents. Basically I overstayed ...I was stupid... Saying that I did leave and come back to the uk then I went back and got through fine. So why didn't they flag it up then?

I am already booked to go canada whilst I am there I will just have to go to the us consulate and state my case as to why I overstayed and why I want to visit nyc for a week.

Thanks for all your time in replyiing

CBP has a sole authority to admit or deny, even if you have a valid visa in your passport.

Try to smooth the things out in the UK if you still have time to do so. It will be easier for you than trying to get B2 approval in Canada.

[Moomin 292]

Thanks for the response.

Let's say I go to canada then I take the car,train to new york. Surely if they stop me I can just explain the situation to them?

I will take my return ticket from canada to uk and a letter from my job etc. All this evidence plus the fact that I overstayed due to extenuating circumstances will surely make them think twice about simply denying me a week in new york?

I'm sorry you ended up in a crash. Nobody deserves the actions of somebody else's mistakes. But the rules are pretty much black and white since you're the one that had to understand "the law of the land"(terms and conditions) prior to visiting.

You can explain all you want but just like the guy who ran you over, no excuse is going to help you to sort out the situation.

Your overstay regardless of the situation, triggered a 3 year ban no matter if you were told or not. It's at your departure you get the ban - not when you enter the next time. You will need a tourist visa to go to the US when you can't use VWP.

At the boarder, they'll check. If you enter without inspection and caught it makes you illegal. Illegals get banned from the US. If you're caught in a lie trying to explain the situation, it's misrepresentation - usually a lifetime ban from the US. There are hardship waivers however you're a tourist and they don't apply to you.

[Boiler 43,397]

Yes, you can apply for a visa at any consulate in any country is you're already there. Will you get it? Hmmm... I think to addition to "normal" procedure they will apply some additonal scrutiny.

Theoretically, maybe.