Canadian citizen, immigrant visa to the USA and some issues

[Mosisclassified 14]

1 hour ago, Diane and Chris said:

It’s very frustrating to say the least. It’s ridiculous!  We wait and wait and do things the right way only to be slapped in the face with all this illegal immigration. Why can’t people just do it the right way?  It’s not fair to us. 

And here is the reason to tighter uscis policies and tough consulate officers........ thank you

[KKira 1]

39 minutes ago, acidrain said:

If she had an immigrant petition at the same time she was crossing the border as a tourist it may be an issue. A tourist B-2 visa is for travel purposes not to immigrate or work. It is against the law to cross the US border with the "intent to immigrate". Will the consulate care? I guess your sister will find out at the interview.

But she did not "intent to immigrate". "Intent to immigrate" means she would like to adjust her status while in the USA and was admitted with a nonimmigrant visa that has no dual intent but she wants to go back to Canada and go via consular processing. 

 

Let's say someone is being sponsored by his mother. The petition has been pending for years - does it mean he cannot stay in the USA for 5 years as a student?  Same situation if he came as a tourist, changed his status to F and stayed here for  a few years. If it's time to apply for an immigrant visa he can go to his country and do it (if he is eligible). 

 

If my sister came to the US, and within a few weeks applied for an adjustment of status - then yes, that is fraud. But if someone has been over here for over 12 years, and did not apply for a green card in the USA - she clearly had no intention to "immigrate" to the USA. 

 

 

39 minutes ago, acidrain said:

 

The I-94 should be in the system but there are some cases the crossing does not show up. This can be due to the border agent not properly logging it or some other internal error. If there is a record it will say whether there was a time limitation or D/S (duration of status). If there was a time limit (e.g. B2 visa with 10 year limit) then your sister has overstayed.

When she came to the US, Canadian citizens did not receive B2 unless they had a different passport with visa. 

39 minutes ago, acidrain said:

 

Did your sister only receive the B-2 visa or did she receive any other one that allowed her to work or go to school?

 

[Dee elle 1,368]

6 minutes ago, KKira said:

But she did not "intent to immigrate". "Intent to immigrate" means she would like to adjust her status while in the USA and was admitted with a nonimmigrant visa that has no dual intent but she wants to go back to Canada and go via consular processing. 

 

Let's say someone is being sponsored by his mother. The petition has been pending for years - does it mean he cannot stay in the USA for 5 years as a student?  Same situation if he came as a tourist, changed his status to F and stayed here for  a few years. If it's time to apply for an immigrant visa he can go to his country and do it (if he is eligible). 

 

If my sister came to the US, and within a few weeks applied for an adjustment of status - then yes, that is fraud. But if someone has been over here for over 12 years, and did not apply for a green card in the USA - she clearly had no intention to "immigrate" to the USA. 

 

 

When she came to the US, Canadian citizens did not receive B2 unless they had a different passport with visa. 

 

Mmm it’s not us on this website she has to convince... 

what is she planning to put in the DS 260 for her address history since she was 15 ? 

She had no intent to immigrate ?? just to live in the US illegally for years... mmm that will go down well. 

Good  luck ! 

Edited July 20, 2018 by Dee elle

[KKira 1]

44 minutes ago, geowrian said:

That policy only applies to F/J/M visa holders. The lack of accrual of unlawful presence for the purposes of an unlawful presence bar for a Canadian not issued an I-94 is still in effect. That said, they tend to issue an I-94 to Canadians much more often now.

 

Interesting case...could go either way. Let us know how it goes.

Actually, the new policy states: 

 

(iv) Non-Controlled Nonimmigrants (for example, Canadian B-1/B-2)

Nonimmigrants who are not issued a Form I-94, Arrival/Departure Record, are treated as nonimmigrants admitted for D/S (as addressed in Chapter 40.9.2(b)(1)(E)(ii)) for purposes of determining unlawful presence.

 

 

So I think they will start their unlawful presence counted as of August 9. 

 

I will definitely write about her visit in the Embassy and let you know about the interview outcome. 

 

 

Edited July 20, 2018 by KKira

[KKira 1]

1 minute ago, Dee elle said:

Mmm it’s not us on this website she has to convince... 

what is she planning to put in the DS 260 for her address history since she was 15 ? 

All addresses where she lived, including the US address. 

[WeGuyGal 1,052]

3 hours ago, SusieQQQ said:

Well if you’re right, it’s just breathtaking that someone can live and work illegally for 13 years in the US and face no negative consequences after gaming the system the way you suggest. Makes you understand some of the anti immigrant sentiment that hurts the rest of us too. 

well put

 

1994 b2 entry, overstayed 6 years

2005 b2 entry, still living in the US

 

Just wow!

[Dee elle 1,368]

7 minutes ago, KKira said:

All addresses where she lived, including the US address. 

Did you say in a previous post that she “had a social issued by the bank “ ?  Since when have banks been authorised to issue SSN? 

[KKira 1]

18 minutes ago, Dee elle said:

Did you say in a previous post that she “had a social issued by the bank “ ?  Since when have banks been authorised to issue SSN? 

In 1994 when you opened a bank account, you were eligible to apply for a social security in the bank (they gave you a form, helped with any questions and they had to mark that you are an account holder so you need a social security number in order to pay taxes on interests). Well, that how it was. 

 

 In 1992 I got my ssn (also applied in the bank, then the card was mailed to my address), when I got married and changed my name, I went to the social security office and the associate says to me: Is it the card issued through the bank?  I said yes, she said: ok, just wanted to know if the number is yours. 

 

Even now you can see on the IRS website that f.ex. a casino applies for TIN for a winner. 

 

Mary, a citizen and resident of Ireland, visits the United States and wins $5,000 playing a slot machine in a casino. Under the treaty with Ireland, the winnings are not subject to U.S. tax. Mary claims the treaty benefits by providing a Form W-8BEN to the casino upon winning at the slot machine. However, she does not have an ITIN. The casino is an acceptance agent that can request an ITIN on an expedited basis.

Edited July 20, 2018 by KKira

[SusieQQQ 11,584]

2 hours ago, Diane and Chris said:

It’s very frustrating to say the least. It’s ridiculous!  We wait and wait and do things the right way only to be slapped in the face with all this illegal immigration. Why can’t people just do it the right way?  It’s not fair to us. 

 

48 minutes ago, Mosisclassified said:

And here is the reason to tighter uscis policies and tough consulate officers........ thank you

Well I tell you what, many of us have see how previous overstays have made visas harder to get at certain consulates. If this sister’s blatant disregard for US immigration law and almost gleeful gaming of the system (certainly shameless if not quite gleeful) is replicated to any extent by others,  I guess many ordinary and well-intentioned Canadians can expect to start getting a lot more scrutiny than they have been in the past thanks to people like this.

[acidrain 325]

I think most people see the situation for what it is. You sponsored your sister to immigrate in 2001 and she entered on a B-2 visa in 2005 with the intent to immigrate. Not to mention she already has a previous violation for having lived in the US before. Whether the consulate cares remains to be seen but I can't imagine the perception to be favorable. Just my opinion.

 

Canadians enter on a B2 visa I know this being born in Canada. There is no special visa it just feels like it because we don't go to a consulate to apply (rather just show up at the border). Your sister should try to figure out what is on her i94 as it will determine whether she has accrued any illegal presence. 

 

A SIN and a ITIN are two different numbers. A SIN is for people authorized to live in the US, ITIN is for those who may not have authorization. If your sister has a SIN number then I am confused how she was able to acquire one as she does not have authorization to live in the US as a tourist.

[Dee elle 1,368]

38 minutes ago, KKira said:

In 1994 when you opened a bank account, you were eligible to apply for a social security in the bank (they gave you a form, helped with any questions and they had to mark that you are an account holder so you need a social security number in order to pay taxes on interests). Well, that how it was. 

 

 In 1992 I got my ssn (also applied in the bank, then the card was mailed to my address), when I got married and changed my name, I went to the social security office and the associate says to me: Is it the card issued through the bank?  I said yes, she said: ok, just wanted to know if the number is yours. 

 

Even now you can see on the IRS website that f.ex. a casino applies for TIN for a winner. 

 

Mary, a citizen and resident of Ireland, visits the United States and wins $5,000 playing a slot machine in a casino. Under the treaty with Ireland, the winnings are not subject to U.S. tax. Mary claims the treaty benefits by providing a Form W-8BEN to the casino upon winning at the slot machine. However, she does not have an ITIN. The casino is an acceptance agent that can request an ITIN on an expedited basis.

ITIN isn’t a ssn. 

SSA issues SSN.. the bank gave put the application form. 

 

[NigeriaorBust 4,087]

  Well  I wouldn't want to put this mess in front of an officer looking for good moral character because I see little. 

[WeGuyGal 1,052]

7 hours ago, KKira said:

Hello, 

I wonder if someone can add any thoughts to the following situation: 

 

My sister, a citizen of Russia, came to the USA in 1994 with B2 visa. She was 19. She overstayed her visa (6 years), applied for permanent residence in Canada (based on points/work) and in February 2000 she moved to Canada. She applied for a tourist visa to the USA in 2000 and 2001 in Toronto - she wanted to come to see her family. She was denied. In 2002, when she still had a Russian passport, she went again to the Consulate in Toronto and after talking to the consular officer, she was told to apply for a waiver. She did it. In July 2002 she got visa (she was ineligible to get a visa under section 212(a)(9)(B)(i)(II) - that was written in her passport) - she got a one entry B2 visa. That is printed on her visa:  212(d)(3)(A) waiver of 212 (a)(9)(B)(i)(II) granted by INS.

My sister went to NYC, stayed for 6 days (I had a baby) and came back to Canada. Then, in November she applied again for a B2 visa to come and be a godmother of my daughter. She again was told to submit a letter from the employer, bank statement, proof of address and she got a new tourist visa, multiple entries, valid for 2 years, with the exact annotation about waiver granted by INS. 

Sister came to visit me for a few days, then she visited me several times (never longer than 5-7 days). In September 2004 she got a citizenship in Canada, and she came to the USA using a Canadian passport (with no waiver/visa imprinted). She did it maybe 5 times, no issues on the border. In April 2005 she came to the USA and stayed. I submitted an immigrant visa petition for her years ago (I am a US citizen), it was approved, currently the documents are in NVC and now, after we met a lawyer, he told us, that my sister - as Canadian citizen - because she did not receive form I-94 at the border, she is admitted for duration of status, so she has no ban and she can receive an immigrant visa in Canada (she was not found deportable by any judge or immigration official). But as it seems to be easy, we started digging dipper: but what about her previous overstay? I mean she got a waiver but it was for non-immigrant visa, am I right? Or this waiver was good also for the immigrant visa that she can get through my sponsorship? I am not familiar so I will appreciate any input. We met 4 lawyers: conclusion: 1 of them say she is good to go, 2 others say 'no', 1 said: "It's a good question". 

 

Thanks a lot for any information, thoughts, anything. 

 

2 hours ago, KKira said:

But she did not "intent to immigrate". "Intent to immigrate" means she would like to adjust her status while in the USA and was admitted with a nonimmigrant visa that has no dual intent but she wants to go back to Canada and go via consular processing. 

Let's say someone is being sponsored by his mother. The petition has been pending for years - does it mean he cannot stay in the USA for 5 years as a student?  Same situation if he came as a tourist, changed his status to F and stayed here for  a few years. If it's time to apply for an immigrant visa he can go to his country and do it (if he is eligible). 

 

If my sister came to the US, and within a few weeks applied for an adjustment of status - then yes, that is fraud. But if someone has been over here for over 12 years, and did not apply for a green card in the USA - she clearly had no intention to "immigrate" to the USA. 

 

When she came to the US, Canadian citizens did not receive B2 unless they had a different passport with visa. 

 

??

[Lemonslice 4,569]

3 hours ago, KKira said:

[...] if someone has been over here for over 12 years [...]

It means she is living here, she IMMIGRATED!  Maybe not legally, but she did.  12 years is not a visit, or a temporary condition.  

 

 

[Roel 7,191]

4 hours ago, KKira said:

But if someone has been over here for over 12 years, and did not apply for a green card in the USA - she clearly had no intention to "immigrate" to the USA. 

 

This is the best thing I've read on this goddamn site. 

 

Sure, sure OP. Your sister definitely wasn't desperate to "immigrate". She had only intent to "sightsee" during those 12 years. 

 

Good luck. Hope your sister case will be denied and immigration start putting BS cases like this through much more scruinity.