BenevolentSith

Look up 212(a)(9)(B)(iii)(I): 

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (i).

Time spent out of status in the US before turning 18 does not count towards the calculation of unlawful presence. 

I'm not sure if the minors themselves get removed though. Also, I heard that 212(a)(9)(C) is also applicable to minors, though I'm 100 percent sure of this. 

You should consult an expert to discuss what your options are, but one thing for sure is that minors do not accumulate unlawful presence. 

If you wait until your husband becomes a Canadian citizen (a 4 to 5 year process after PR), he can directly file I-192 (the equivalent of 212(d)(3) waiver) and I-212 (if needed) at the border at any time, and it's a much easier process than dealing when the consulate (no appointment, no visa).

There is a whole market for Canadians applying for US non-immigrant waiver in Canada, especially in the GTA. He does NOT need I-601, if all he's seeking is a non immigrant status in the United States. He would need I-192, and I-212 (if he deals with removal). Again, this process is only for Canadian citizens (and maybe Bermudians). VWP citizens or those from countries requiring visas cannot simply go to the border and file I-192.

As of right now, you can try reapplying again for the visa, and then submit the 212(d)(3) waiver alongside it, but I heard it's very hard to get it, or even get referral from consulate for a waiver.

And since you only just moved to Canada 6 months ago, and also the fact that he was married to a US citizen, all these factors worked against him.

Settle a bit more in Canada, get a house and a fulltime job, or better, become a Canadian citizen (so you can file under a much streamlined process), then he can try again.

I see. My guess is, it probably would not render you inadmissible, but I'm not an expert.

But I guess if they do charge you of misrepresentation (or 212(a)(6)(C)(i)), then they would notify you during your K visa interview of this and you need to then file the 601 waiver. At this point, there is really not much you can do, but wait until after the interview to see whether you would be found inadmissible.

You can try choosing 'No' to that DS160 question, and then explain your situation and why you think it's not wilful misrepresentation.

Hopefully they would not consider it material because you lied when you were seeking a non immigrant entry, and now you're looking to immigrate (though K visa is technically a non-immigrant visa, it's adjudicated as if you're applying for an immigrant visa, that's what I heard).

It's probably not a bad idea to seek an advice from a very competent immigration lawyer at this point (preferably one with experience handling Immigrant waiver and misrepresentation case).

Good luck.

The issue on whether your lie is a material misrepresentation would become moot eventually. Question 65 of your adjustment application reads as follows:

Quote

Have you EVER lied about, concealed or misrepresented any information on an application or petition to obtain a visa, other documentation required for entry into the United States, admission to the United States, or any other kind of immigration benefit?

Whether or not telling the border guard you were going to school when you actually weren't is material would not matter, as you would have to answer YES to the above question if you choose to be truthful.

Now, whether or not later on, they would revoke your green card or citizenship if you hide this information or whether they would find your misrepresentation to be material, is a completely different matter, but based on your story, you would have to disclose this incident if you want to do everything 100 percent in the correct way.

Canadian citizens and permanent residents pay local tuition fee anywhere in Canada (except Quebec), regardless of actual domicile or residency status. There is no need to wait a year to establish residency to claim local tuition rates. This would be much cheaper than attending school in the States at similar level, even as a resident. To OP, apply for reentry permit, and then also plan to maintain as much ties as possible to the US, and your daughter should be fine.

The guy deserved it. Glad he was deported. 

19 minutes ago, Lisa83TX93 said:

I'm a bit confused because I've read somewhere that a I-212 can be submitted alone but a I-601 has to be submitted with an approved I-130. Our attorney said he doesn't need a I-601 but I'm not so sure. Hope that makes sense. 

Yeah. That's exactly what's on the (official) link I posted.

If you don't need I-601, then you just file I-212 separately and by itself.

From what you're describing, it looks to me that your husband might have been inadmissible due to 212(a)(9)(C)(i)(I).

Basically, he was unlwafully present for over a year, and then re-entered the country. He was never removed, but his previous unlawful presence + subsequent uninspected entry made him inadmissible for life (and 10 years before he can even file I-212).

Unfortunately, there is really not much that we can do at this point (you can try fighting it, but I doubt it would be fruitful), especially with the current political climate.

On 8/15/2018 at 9:35 AM, Chulita34 said:

Starkilla09  do you know for a fact an attorney cannot help as I have the same situation and they said my husband inadmissibility would expire may 2028 but yet it states we could fill out waiver I-601 although we already filled out I-601a before he even left for his appointment . ? Please advise if it is worth paying 100 dollars to a lawyer that will tell me there is nothing I can do at this point ?

Was your husband charged under 212 (a)(9)(C)(i)(I) as well?

Check the documentation he was given when he was removed. It is conceivable that your husband is inadmissible due to being physically removed (212(a)(9)(A)(ii)(I)), and overstayed, in which case you can file I-212 right away. 212(a)(9)(A)(ii)(I) is a 10 year bar, but you can apply for I-212 at any point within the 10 year period.

If he gets the 9C1 ban, the ban doesn't expire in 10 years. It's a lifetime ban. And you have to wait outside the United States for over 10 years before you are even eligible to apply for the waiver.

10 hours ago, Lisa83TX93 said:

My husband also needs a I-212 but still waiting on the I-130 approval. How were you able to file with CBP instead of NSC which is where my attorney is saying will be adjudicated?  

I'm Canadian, and Canadians can apply for non immigrant waivers and I-212 directly at the border.

Your husband is an applicant for an immigrant visa, so he likely has to deal with the consulate (depending on whether he needs I-601).

https://www.uscis.gov/forms/direct-filing-addresses-form-i-212-application-permission-reapply-admission-united-states-after-deportation-or-removal

I would second CanadaVisa.com. Keep in mind though, while most US immigrants are petitioned by their family members, most Canadian immigration discussions center around the skilled worker category (and indeed, most Canadian immigrants are of the self-petition skilled worker kind). 

4 hours ago, abka said:

We're in the same boat-after living in the USA for 7 years my husband and I are looking at moving back to Canada and need to apply for his citizenship. Did you find anything helpful online? We attempted to fill out the paperwork for his residency but it was geared to situations where the the citizen was residing in Canada and looking to bring their spouse over. We would like to go through the process while living together in the US and moving after he can legally work etc. 

 

Any help would be much appreciated!

Canadian citizens (but not permanent residents) can sponsor their spouses while living overseas, you would just have to show that you have a plan to relocate to Canada once your spouse is granted permanent residency

You would find the following link helpful

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5289-sponsor-your-spouse-common-law-partner-conjugal-partner-dependent-child-complete-guide.html

It doesn't look like that this offense would make you deportable.

Depending on the offense, disorderly conduct may or may not be considered a crime of moral turpitude, but your lawyer (assuming he/she is a good one) already mentioned that you should be fine (in that, chances are very likely that you won't be deported, assuming, of course, your lawyer knows what they're doing and accurate in their analysis).

What it would affect, though, is your naturalization application. I believe you need to show 5 years of good moral character, and this would most probably reset the clock, and you would have to wait 5 years after your sentencing is over to apply for citizenship.

And ALWAYS disclose this conviction/charge/arrest, and keep a good record of documentation/disposition related to this offense. 

A lot of marriages ended up in divorce, it doesn't mean they are necessarily sham marriages. But they will definitely give you a hard time during your citizenship interview, I hope you have at least some recollection and proofs from the time you were still together. I concur with the suggestion to enlist the help of a (very good) immigration lawyer which deals with marriages cases.

I-212 is for grounds of inadmissibility related to removal (order of removal, actual physical removal, abandoning pending removal proceedings, unlawful stay after removal, illegal entry after removal, etc).

If your husband was never removed (or involved in any other removal related violations), I'm not sure why you thought he would need I-212? Did the consulate specifically tell him to apply for I-212 after denial? The waiver for illegal entry, I'm assuming, is I-601. I'm assuming he already got this approved?

Can you share your timeline so we have a better idea of what's going on?

My I-212 was approved in about 110 days, but I filed it directly at the border instead of consulate. According to the CBP website, the US Consulate which made findings of inadmissibility should advice you on how to proceed.

https://www.uscis.gov/forms/direct-filing-addresses-form-i-212-application-permission-reapply-admission-united-states-after-deportation-or-removal

What was the ground for his admissbility? Was it overstay or removal?

On 7/9/2018 at 3:55 PM, afrocraft said:

Be careful there. If you read on, you'll see that she wasn't even convicted of any crime at the time of application. The government appeared to base it's case on this question, which I guarantee you the vast majority of applicants answer incorrectly:

 

"Have you EVER committed, assisted in committing, or attempted to commit, a crime or offense for which you were NOT arrested?" (emphasis original).

 

Even the Supreme Court's Chief Justice seemed incredulous:

 

"Last summer, the Supreme Court heard a court case about how broadly the government could use answers to that question to revoke citizenship. The U.S. attorney argued that it could for any crime, even something as small as driving five miles over the speed limit, an example provided by Chief Justice John Roberts as a crime he had committed but never had been arrested for."

This is such a good point.

I agree with you that it is very very likely that the majority of applicants who never got arrested, charged or convicted of any crime would answer 'No' to that question (and the majority of those who answer 'No' would be technically 'lying'). Remember that even smoking weed is considered a crime that can render you inadmissible, even if you have never run into trouble before.

The charge came much later after her naturalization, yet the government is still pursuing denaturalization. 

It's interesting to contrast this with the naturalization application requirement for Canada, where it is explicitly only asking if you have ever been charged or convicted. 

What's your ground of inadmissibility? Do you only have a 10 year bar, or is it lifetime?

TN is indeed a very good visa, and where Mexicans have an advantave over other countries. I would argue that TN is even better than other free trade work visas (like E3 and H1B1).

5 hours ago, EM_Vandaveer said:

OP needs a waiver because of the deportation itself. Had he (or she I'm not sure) left on his/her own accord and served out the 10-year ban, a waiver would not be needed. The ban is served, yes. But the waiver is still needed for the deportation, not the overstay.

If it's 212 a 9 A 10 year bar, then OP is no longer inadmissible, and would no longer require to file I-212.

You would be right if it's the lifetime 212 a 9 C bar. The bar is lifetime, and OP can only submit the waiver only after 10 years of being outside of the US.

True. It's very stark how the two neighbors are treated when it comes to entry into the US. Canadian citizens have the easiest access of non-immigrant entry into the US, whereas Mexicans have it very hard (even though Mexican citizens can already visit so many other countries like Canada, EU, UK, etc without visas).

I was barred for 10 years due to abandoning a pending removal proceeding (212 a(9)A i II), served about 8 years of the 10, filed I-212 at the border (I'm a Canadian citizen), and my I-272 waiver was approved.

I entered the US over the July long weekend, and it was a very straight forward process. It is possible, but the waiver application is a very elaborate process. And requiring to apply for a visa would probably add extra complication (though the document I submitted for this waiver was far more extensive than any visit visa process I ever went through).

In OP's case, since 10 years have passed (assuming 10 year bar is all he has), then he can try his luck by applying for a visa at the consulate and see if he will be found inadmissible.