Tourist Visas for person that EWI

[CanAm2012 0]

This is a bit of an unusual circumstance. I am an American citizen that has emigrated to Canada. I also brought my husband over to Canada as well. He was living illegally in the U.S. for 13 years. He entered the U.S. without inspection. We want to be able to go back to the U.S. to visit family. Does anyone know if he will be able to get a tourist visa? Will we be able to apply for some sort of waiver to allow for the visa?

[Dakine10 5,452]

This is a bit of an unusual circumstance. I am an American citizen that has emigrated to Canada. I also brought my husband over to Canada as well. He was living illegally in the U.S. for 13 years. He entered the U.S. without inspection.We want to be able to go back to the U.S. to visit family. Does anyone know if he will be able to get a tourist visa? Will we be able to apply for some sort of waiver to allow for the visa?

Based on what you've posted about his history, he would be inadmissible for the purpose of any non-immigrant class of visa (which includes tourist visas), although there is a waiver available for this known as a 212(d)(3) waiver.

As the spouse of a USC, it is already somewhat difficult to get a tourist visa due to the presumption of immigrant intent. Prior disregard for US immigration laws also makes it difficult to get any non-immigrant visas. Combine both of those factors and I would have to think the chances of approval are between slim and none, and IMO, probably much closer to none.

[canadian_wife 1,823]

I agree

Although the D waiver is on the books, it is very difficult to get. You have to show why you HAVE to go to the US, simply to visit family isn't enough. The bar for the D waiver is very high

Good luck

[CanAm2012 0]

Based on what you've posted about his history, he would be inadmissible for the purpose of any non-immigrant class of visa (which includes tourist visas), although there is a waiver available for this known as a 212(d)(3) waiver.

As the spouse of a USC, it is already somewhat difficult to get a tourist visa due to the presumption of immigrant intent. Prior disregard for US immigration laws also makes it difficult to get any non-immigrant visas. Combine both of those factors and I would have to think the chances of approval are between slim and none, and IMO, probably much closer to none.

In 3 years he will be able to apply for Canadian citizenship. Once has that citizenship (i.e. Canadian passport) and can prove that he is well established in Canada (owns property, stable job, etc.) would this strengthen the case for a waiver? I know there is a 10-year ban that he would be subject to as well, so I am assuming the waiver is for the ban. Could they possible make the ban a lesser amount of time (say 3-years)?

[canadian_wife 1,823]

Becoming a Canadian does not excuse him from his overstay or ban, nor does it make it easier for the bad to be lifted

Good luck

[CanAm2012 0]

Becoming a Canadian does not excuse him from his overstay or ban, nor does it make it easier for the bad to be lifted

Good luck

I know that. Perhaps I did not phrase my question properly. He obviously would be subject to a ban since he would be the same person albeit with a Canadian passport. What I was suggesting is the fact that he would be able to demonstrate that he is planning on staying in Canada and not in the U.S. This would make for a stronger case for issuing a travel visa (I would think). In terms of waivers, I have known many people (family members) to get waivers (601) and get their ban lifted or "lightened" to a few months (instead on 10 years). It is not as uncommon as people may think.

[GlobeHopperMama 95]

I agree

Although the D waiver is on the books, it is very difficult to get. You have to show why you HAVE to go to the US, simply to visit family isn't enough. The bar for the D waiver is very high

Good luck

I would disagree with this. Urgent need to enter the US would be grounds for a humanitarian entry, perhaps, but for a tourist visa and non-immi waiver, ties to the country of residence are the most important.

CanAm, what you've mentioned seem to be pretty good starting grounds to seek a d(3) waiver. His chances certainly go up once he's a Canadian citizen, but even with Canadian permanent residence and a good bit of ties there should be a chance --- good job, ideally salaried, but if not, established history of working there, name on residence lease or home title, property in Canada, etc PLUS all the same for you as the US citizen, to prove that neither of you has intent to immigrate to the US. You might want to see the forum at immigrate2us.net, and the Non-Immigrant visa Waivers section there, as there are several people with overstay and EWI bans who have successfully gotten a d(3) waiver for a B2 or other non-immigrant visa, even while married to a US citizen. Most there will suggest talking to a lawyer like Lizz Cannon and Laura Fernandez, both of whom have done d(3) waivers in similar situations. Links to their sites are in my signature. Both of those lawyers know good examples of evidence to collect and bring to the interview when seeking the d(3) waiver, but with some research, you can probably assemble a pretty convincing packet yourself, too.

Edited August 30, 2012 by GlobeHopperMama