Brian Bright

On 1/17/2018 at 3:00 PM, acidrain said:

It sounds like you need to figure out exactly how much unlawful presence you had in the US. It's difficult to give advice without knowing that conclusively. You could try calling the POE that denied you to seek this information. They may not want to tell you over the phone. Or you can seek the help of a lawyer.

 

I can speak from experience immigration intent is a flag. I was able to overcome my situation by showing solid proof of ties. There are numerous examples of what that entails on VJ. 

 

If you are in a relationship with a US citizen (you said you had a boyfriend) I would seriously look into him sponsoring you for either K1 or CR1 (whether you marry). If you want to live in the US you need a proper visa to do that. Once I applied for IR1 the border allowed me to cross. You need to show proof you have every intention of following immigration law.

Thank you - I appreciate your help. 

On 1/16/2018 at 4:40 PM, Eli01 said:

 

Oh interesting. Thank you for the info.

 

@Brian Bright Now it is matter of if you were given a ban or not. If you were not, just try to build ties with Canada. Because I visit the US frequently to see my wife. I always have a copy of my lease, car ownership and other things to prove my ties and show them I have reason to come back. Although I have never been asked for it so far.

Thankfully no ban. Thank you for your insight. 

On 1/16/2018 at 4:25 PM, geowrian said:

Can you check your I-94?

https://i94.cbp.dhs.gov/I94/

 

Depends on how long the I-94 was issued for on that trip. If it was a full 6 months, then he would have less than 180 days of overstay and not incur a bar (albeit it is a good reason to deny entry or a visa in the future, and any overstay automatically revokes a visa).

If it was less than 6 months and he accumulated 180+ days of overstay, then there would be a 3 year bar.

If he was not issued an I-94, then he was admitted as D/S and does not accrue unlawful presence and therefore has no bar...but the overstay is still held against him for any future entry or visa. Edit: Although I don't think this is common with air travel...only land crossings with Canadians.

I looked up the i94 & it says: « No record found for traveler »

* Thank you for your help

On 1/16/2018 at 4:24 PM, Eli01 said:

If I am completely honest with you CBP was quite lenient with you till you tried to enter the last time. Now in your original post the section you mentioned, they cited was for immigrant intent. Now by law they should have placed a ban on you. Did they mention anything about a ban? did they cite anything else in paperwork they gave you in the withdrawal of application? If you have ban then you have to wait for that ban to end. But if they did not place a ban (which is highly unlikely), then you just have to spend sometime in Canada and establish ties here. So the next time you try visit the US you can show, you have no intent to immigrate.

 

Finally if you are allowed visit in the future DO NOT overstay. As a general rule you can be there for 6 months, unless mentioned by the officer (like in the instance where they only permitted you stay only for a month). Violating it could have consequence on your future travels.  

No ban

- « Withdrawal of Application for Admission/Consular notification »

- Checked: « Application for Admission Withdrawn »

- Reason: Subject is inadmissible under section 7A1 of the INA 

* Thank you for your info 

21 minutes ago, Eli01 said:

You are right there is not set period of time Canadians have to wait to Reenter US. However there is always period of time they are alowed to be in the US while under visitors visa, and the standard is 6 months. I remember reading somewhere to stay past six months you have to apply for it.

 

Based on your timeline it looks like your last trip Jan 2017-December 2017. Which makes it 11 approximately 11 months. So the question is did file of an extension during that trip? 

I did not. They never mentioned any time limit when I entered in January 2017. No stamp either & I had a 1-way.

3 hours ago, Eli01 said:

I am curious did your cross by road or by air travel? Because they stamp my passport every time I fly, but never by road. But I have not crossed by road in almost 4 years.

 

But as a general rule any one who enters US will not be given more then 6 months stay. So during your 11 month trip did you try to file for extension when you were there?

 

 

All by air - never got a stamp besides the “1 month limited stay”. And Canadians don’t have the 6 months limit anymore. No extension.

“There is no set period of time Canadians must wait to reenter the U.S. after the end of their stay,”

https://help.cbp.gov/app/answers/detail/a_id/619/~/visiting-the-u.s.---documents-required-for-canadian-citizens-%2F-residents-%2F

2 hours ago, Going through said:

 

I was thinking more along the lines of US boyfriend/girlfriend...

Yes - boyfriend.

2 hours ago, Boiler said:

Job?

No. 

17 minutes ago, Eli01 said:

 

According to what you mentioned here, you stayed in the US for 11 months during the trip I quoted above. Did you apply for a visa extension where you were there, or did they stamp 6 months and you stayed for 5 more months? Because as a Canadian, my passport was never stamped for more then 6 months.

They only stamped for the “1 month limited stay”. Nothing else is in my passport. And I have had it since 2013. 

Thank you all for your replies.

If you have any advice & concrete help, please share. 

I was on a student visa in the US for 5yrs.

Then overstayed for 4yrs taking care of my then “mother-in-law”. 

Came back to Canada in 2016 for 2 weeks. 

Then went back to US - they gave me a limited 1 month stay - I stayed 2 months. 

Came me back to Canada for 1 month. 

Went back to US January 2017 without getting interrogated nothing. 

Came me back to Canada December 2017. 

Tried to go back January 2018 & was denied. 

In Canada I live with my parents. Besides my drivers license & health insurance; nothing is in my name. 

Also, I only had a “one-way” since I wasn’t sure of my exact plans in the US. 

I am a Canadian & was denied entry into the US; I signed a Withdrawal of Application for Admission - inadmissible under section 7A1 of the INA ~ how do I get back into the US now?

They claim overstay & need proofs of ties to my country. 

What steps should I take? Do I need a waiver? Embassy? File something? 

They did not give me any time constraints etc. 

Thank you!