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Azaam Salem

Friend denied entry to the US

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She is a Canadian who has previously visited the states. She overstayed for 6 months under extreme hardship due to a divorce of her daughter who lives in the us. Her husband was granted a TN1 visa for work a few weeks ago and he is working now. Just today she was denied entry and banned for 3 years. The officer wrote- you need a H4 visa with waiver annotation for 9b overstaying.

 

Is there anyone with good knowledge of this that can guide me step by step on applying for this? Can you also tell me how long it will take? She will staying in Calgary for tomorrow to visit the embassy? Thanks to all the help

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14 minutes ago, Azaam Salem said:

She is a Canadian who has previously visited the states. She overstayed for 6 months under extreme hardship due to a divorce of her daughter who lives in the us. Her husband was granted a TN1 visa for work a few weeks ago and he is working now. Just today she was denied entry and banned for 3 years. The officer wrote- you need a H4 visa with waiver annotation for 9b overstaying.

 

Is there anyone with good knowledge of this that can guide me step by step on applying for this? Can you also tell me how long it will take? She will staying in Calgary for tomorrow to visit the embassy? Thanks to all the help

Hi. This happens every day. Many people from neighboring countries like US and Canada think nothing will happen if they overstay. Even if it is just for a little bit. Also, I don’t think divorce qualifies for extreme hardship. And there is extreme hardship, it needs to be filed. The person just cannot simply come back to the border and tell their story then. There is always a process. She may have had a chance when she overstayed but not after the fact.

 

Unfortunately, the ban is in place. She will have to wait out the ban.


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Posted (edited)

I’ve never heard of “overstay due to extreme hardship”. Did she even try extend her status or did she just decide to overstay? Did she not realize she would have a problem coming back?

anyway what it sounds like is that she first needs to try get a waiver to overcome the ban. If that is successful (I believe some waivers take up to a year to adjudicate, not sure about the one she needs) then she can apply for a visa  - not a definite that she will get one either, with an overstay on her record. 

The one thing that confuses me is how she is supposed to get an H4 visa with a spouse on TN.

 

by the way, generally you can’t just “visit” a US embassy unless you are a citizen. She may need to figure out the appointment system for that embassy.

Edited by SusieQQQ

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1 hour ago, Azaam Salem said:

She overstayed for 6 months under extreme hardship due to a divorce of her daughter who lives in the us.

This isn't a thing.  Also, "hardship" is not determined by someone who chooses to overstay a visa.

1 hour ago, Azaam Salem said:

She will staying in Calgary for tomorrow to visit the embassy?

For what?  A waiver interview?

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Posted (edited)

Visit the Embassy? They will not let her in?

 

H4 suggests a spouse on a H1.

Edited by Boiler

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Anyway here you go, CBP says can take up to a year for the waiver of inadmissibility for overstay https://help.cbp.gov/app/answers/detail/a_id/760/~/applying-for-waiver--person-entering-into-the-united-states-with-criminal

 

Calgary has a 29-day wait time for non B non immigrant visa appointments, so a visit tomorrow seems unlikely. Pointless applying without the waiver anyway?

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I have overstayed for 4 hours.... That counted as a day and I got my VWP revoked... Before I knew about it, I traveled twice back to the US... Until I decided to stay for the summer with my wife (while we waited for the interview). They pulled me to the side and said I had overstayed. I told her I've never done that, the officer then asked me whether or not these dates were correct, and told me the dates of over a year ago. I said they were correct, and three months is not the same as 90 days... Some months have 31 days... And it was dumb to stay so close to the limit, lesson learnt, so I indeed overstay. It doesn't matter if for 4 hours or 179 days. They were very understanding of my situation, and they knew of my plans to marry next time in the USA. I didn't lie about anything and I took the next flight back home. Didn't even get the chance to see my 3 month old who was waiting just outside that room. He's six now, I haven't seen him yet. But fortunately the senator was able to expedite my interview, and recently it went to Application received, hopefully it is issued next week, since my savings are running low for daycare while my wife works. what helped in my case was a Sworn statement I made with the officer at the time, I don't think that is a option for you, considering your situation... Anyways, I really wish you the best of luck, 3 years is a long time, but consider this: the USA and Canada are relatively close... So even if you can't travel south, they can travel north... 

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1 minute ago, Giovanne said:

Haha, yes, six months, He's cutter than ever! 

Phew!    Aww, that is such a great age.   Enjoy it.  "It goes so fast" is a cliche everyone will tell you, but it actually is true!  Best wishes to you and your family.

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She should visit this website to make an appointment: https://ais.usvisa-info.com/en-ca/niv

She can not just show up to a US embassy/consulate and expect to get in. There are very strict rules and guidelines

 

She should probably speak to a lawyer to see if there is any case to be made for her waiver because it seems unlikely. Otherwise she should plan to not visit the US for the next 3 years

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She should have did a " Visa run" as it is called. Went back to Canada for a few hours, then reenter with another 90 days. You can only pull that off a few times before they get wise, but it would have been better than overstay.

 

The ban will probably be over by the time she gets a H4 visa, and then the waiver approved. 

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1 hour ago, Loren Y said:

She should have did a " Visa run" as it is called. Went back to Canada for a few hours, then reenter with another 90 days. You can only pull that off a few times before they get wise, but it would have been better than overstay.

 

The ban will probably be over by the time she gets a H4 visa, and then the waiver approved. 

A visa run as it is called does not necessarily reset your time

Not solid advice there and definitely NOT something people should rely on to rest your time


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