Friend denied entry to the US

[Unlockable 7,306]

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. 

No possible. Entering neighboring countries does not "reset the clock". This was a loophole that was closed a long time ago.

[Mollie09 1,543]

13 minutes ago, Unlockable said:

No possible. Entering neighboring countries does not "reset the clock". This was a loophole that was closed a long time ago.

She's from Canada.

[Unlockable 7,306]

20 minutes ago, Mollie09 said:

She's from Canada.

Ah, yes. Oversight on my behalf.

[SusieQQQ 11,584]

2 hours 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. 

I think what you actually mean is, she should have returned home at the end of her authorized stay.

 

And, are you really suggesting it takes 3 years to get an H4 visa? (and why would she need a waiver if the ban period is over??)

Edited August 26, 2019 by SusieQQQ

[jan22 2,898]

On 8/25/2019 at 3:41 PM, SusieQQQ said:

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.

One correction to this info -- she does not get a waiver before she applies for a visa. She applies for the visa, the consular officer decides she qualifies for the visa on all grounds other than the overstay ban, and then processes a waiver application.

 

And, SusieQQQ is right -- if spouse is on a TN visa, the correct category to apply for is a TD visa, not an H4.

[SusieQQQ 11,584]

41 minutes ago, jan22 said:

One correction to this info -- she does not get a waiver before she applies for a visa. She applies for the visa, the consular officer decides she qualifies for the visa on all grounds other than the overstay ban, and then processes a waiver application.

 

And, SusieQQQ is right -- if spouse is on a TN visa, the correct category to apply for is a TD visa, not an H4.

I know that’s usually the process for waivers but I was under the impression that for this type of waiver/Canadians, you apply first for the waiver then for entry (see also the CBP link before); happy to be corrected, but I’ve been corrected before the opposite way on this one. Whichever way round it works, the time and outcome will likely be the same though?

Edited August 27, 2019 by SusieQQQ

[Boiler 43,430]

I also tend to be less certain with Canadians, the applying at the Border bit complicates matters. Also do not like mentioning timelines for that

 

Anyway as it is unlikely we will hear further on this does not really matter.