Hello from new member

[f&c 50]

Hello, everyone. I've been reading this forum for months in preperation for my wife's case and have read many great stories. I appreciate all of the knowledge I've gained on these forums. My wife entered the US from Canada with her ex-boyfriend in November 2008 by car via Niagra Falls. She is (was) a Canadian Permanent Resident, but a Haitian Citizen. She showed her Ontairo, Canada driver's license and Canadian Health Card to the border officer and was waved through without receiving an I-94 or passport stamp, which is fairly common for Canadians. She didn't intend on staying in the US, but it worked out that way and knows it was a mistake.

We met in 2011, had a child in 2012, and married in 2013 (I am a USC). Shortly after getting married, we hired an immigration attorney and filed I-130, I-485, and I-765 concurrently along with an afiidavit from my wife and Matter of Areguillin brief to establish legal entry into the US. My wife received her biometrics letter on 11/29/2013 for an appointment on 12/19/2013. On 12/06, she received an RFE for initial evidence requesting proof of legal entry, which we obviously don't have. Our attorney is going to send the same documents to USCIS again, which hopefully takes care of this. I also submitted a Freedom of Information Act request with ICE for any records of her entry, which I know is a long shot. Is it general practice for USCIS to immediately send out RFE's on Matter of Areguillin cases? Has anyone else gone or currently going through this?

Thank you,

Frank

[Pitaya 2,577]

~Moved from Introducing our Members to WST-based AOS Forum~

~Attempting AOS with no I-94, seems to be a logical forum to start~

Edited December 13, 2013 by A&B

[f&c 50]

My wife technically never received a tourist visa as it was not required entering from Canada, bet I can see why the thread was moved here. Thanks you.

[EM_Vandaveer 2,375]

Are you sure that as a Haitian citizen she didn't need a visa to enter?

[f&c 50]

EM, thanks for the reply. You are correct; she needed a visa, but I am not completely sure that was the case in 2008. Either way, she was inspected and granted entry into the US by a border officer without falsely representing herself as a Candian citizen. Hopefully, CIS will accept the RFE response. As long as they don't consider her EWI, they overlook the overstay and can avoid the I-601A waiver route.

[Teddy B 17,251]

Did she show her Haitian passport to the customs officer upon entering the US?

[f&c 50]

No, Teddy. She said she presented her Canadian Health Card and Ontario driver's license. Her ex-boyfriend showed his Canadian birth certificate at the border.

[Teddy B 17,251]

No, Teddy. She said she presented her Canadian Health Card and Ontario driver's license. Her ex-boyfriend showed his Canadian birth certificate at the border.

As of 2007 all Canadian tourists are required to show their passports upon entry to the US, it sounds strange that they were allowed entry without them. I also don't understand how your wife could have been allowed entry with only a Canadian resident card, it's clear that she's not a Canadian citizen and she should have been required to show her Haitian passport. If she had shown her Haitian passport she would have received an I-94 stamp and would then have proof of entry.

I think you are going to have problems proving legal entry into the US. The fact that she is a Haitian citizen and didn't declare that at time of entry, she may be considered to have misrepresented herself to border patrol.

Hopefully someone else here can shed some light on it for you.

Good luck.

[f&c 50]

As of 2007 all Canadian tourists are required to show their passports upon entry to the US, it sounds strange that they were allowed entry without them. I also don't understand how your wife could have been allowed entry with only a Canadian resident card, it's clear that she's not a Canadian citizen and she should have been required to show her Haitian passport. If she had shown her Haitian passport she would have received an I-94 stamp and would then have proof of entry.

I think you are going to have problems proving legal entry into the US. The fact that she is a Haitian citizen and didn't declare that at time of entry, she may be considered to have misrepresented herself to border patrol.

Hopefully someone else here can shed some light on it for you.

Good luck.

I appreciate it. I guess it all hinges on the RFE response. If they deny it, we will have to reopen or apply for a I-601A waiver. She is well aware of her mistake of not going back to Canada within six months.

I guess, I should change her country to Haiti.

[f&c 50]

May be moot because she is a permanent resident, but I did find this:

http://canada.usembassy.gov/traveling_to_canada/passport-requirements.html#

Under the Western Hemisphere Travel Initiative, as of January 23, 2007, citizens of both Canada and the United States were required to present a valid passport at a U.S. Preclearance Facility -- located at all major Canadian airports -- prior to boarding their flight to the United States. Beginning June 1, 2009, it was established that travelers entering the U.S. through a land or sea border must present a passport or WHTI-compliant document. For more information on the WHTI, click here.