emt103c

March 27th came and went already.....And yes Canadians get "visitors visa's" its an I-94 that they stamp in your passport at the border.

The visitors visa that I have to apply for is a B1/B2 because I am not Canadian. I have to go to a US consulate and apply for it (nearest one is pretty far away). I can apply for one if I want to, and could possibly have it granted to me. Unfortunately one needs to show some serious ties to the country you are visiting FROM.. I dont really have any of those right now.. I rent, and work at a part time job. No other ties here, and with a pending immigration application they may deny it. Also, lets say theoretically I received the visitors visa, they could still turn me away at the border, it is 100% up to the officer at the border if they will let me in or not. It could turn out to be quite costly, and everytime you get turned back at the border, it gets logged on a file, which brings up questions at your interview.

Does this make sense? Im not really good at the legal jargon explanations.

Just one clarification, Canadian citizens do not use I-94's. . those are for VWP'ers and visa entries. . .Canadians don't use them unless they need a visa for a longer, more permanent stay than 6 months.

You need to do a legal consultation. Notice the wording in what they have written, ". . .may not be inadmissible." Also, I'm going to link what appears to be your source. A lot of us here like to research. . . if you post the source link it makes it easier for us to participate.

http://www.serottelaw.com/index.php?submenu=Cross_Border_Issues_and_Inadmissability&src=gendocs&ref=Cross_Border_Issues_and_Inadmissability&category=Services

I am pretty sure she is going to need an I-601 waiver for the theft, but probably not a 212, as it does not seem that she was necessarily deported. She really does need to consult an attorney. These two websites will be quite helpful to you:

FAM CIMT guidelines

immigrate2us.net

Just remember that if they start to do an expedited removal you need to request to withdraw your application again. . .that is also up to them. If they do give you an expedited removal, you will no longer be eligible for your CR1 visa without a waiver that takes 6-18 months and $545 to process. . .this happened to my husband a Canadian citizen, and lots of others. I would advise you to wait for your visa instead of taking the risk. . .he could visit you in the meantime.

You do not want a cheap attorney for a 601 waiver, you want someone with a lot of experience and know how. Do check out www.immigrate2us.net there is a lot of information there, as well as a list of recommened attorneys.

Congressional inquiries do not delay things, especially when you've been waiting almost a year already. For my inquiries with the district office, the rep sent emails, no paper was exchanged and she was able to forward me her results. Also, my approval would have NEVER been accepted without the help of the House rep's immigration liaison because of the form type it was issued on. You just have to find the right rep.

The I-212 is a permanent waiver. If I were you, I would not try to enter without a visa, because of the old immigrant intent. Also, if any officer ever gives you trouble, remember the words, "I would like to withdraw my application for admission." Do not let it proceed to an expedited removal. . .always have proof of your intent to return to Canada if you travel to the US.

That MAY BE be an issue. I want to emphasize may be an issue. You need to have entered with inspection (EWI) which means you entered the USA legally with approval from an authorized CBE agent or official granting you approval. DO you have an I-94 or a stamp in your passport from the entry?

Canadians also do not fill out I-94's as tourists. . .it's one of the only special allowances for Canadians in immigration law. . .they are usually just assumed to have entered with inspection, since it is so easy to get in anyway. . .why would they EWI? (is the thought. . .)

The 212 affectively appeals the deportation order. . .it would be a waste of time and money to go through court proceedings. The 212 is a permanent waiver. . .though it seems odd that it would be approved without some type of immigrant visa. What type of entry are you seeking?

The last I-212 I heard about from Atlanta took 12 months. . .you do need to get your congressional or house liaison to do a follow-up inquiry with Atlanta and see if they can get you Atlanta's normal processing time. . .the consulates don't really know what to do with a district office approval as they tend to deal with 601/212 processings usually. . .

The medical is only valid for 12 months, so yes, you will need a new one along with new police certificates.

He/she is Canadian. . .they don't need a visa.

Sounds like they've made an error. Do you have an attorney?

ditto.

We would need more information. . .the consulates have been known to let people file, charge them the $545 and then they get denied as ineligible.

Have you read up on Ecuador´s reputation for interviews? There is NO level of preparing that is sufficient. And suprises, confusion, and unexpected events are the standard for even a simple clear-cut case.

Thanks to all of you for the advice. VJ is a blessing. At this point, yes, we will consult with an attourney.

There are no guarantees in processing anywhere when it comes to immigration, but what you are saying does not necessarily disagree with what I posted to you. Adjudicators have to follow the law, but there is a lot of discretion in 601/Hardship waivers. If your spouse is not legally obligated to file a 601, they cannot make him and you need to know that.

You need to read up on the Adjudication Process of the I-212. . .if that is all you have to file, it doesn't even go through Ecuador. . .

The five year ban is for the expedited removal, that it appears he has. There is no hardship waiver for accepting unauthorized work, the only way he would need the hardship waiver is if they decided to charge him with 6c Misrepresentation, which it appears they did not. . .they still could at the consular stage, but would not necessarily do it. If they do not charge with Misrep, then all he would need is an I-212 for which the burden of proof is MUCH, MUCH lower. You should consult with a good attorney (specifically Laurel Scott or another with LOADS of experience. . .) to confirm all of the details of the case. You do not want any surprises at the interview.

Canadian waivers get sent to Vermont to process, they take 12 months or more to process. You can submit the waiver (and pay for it) the same day that you are denied, but they take 30 days or more to transfer it to Vermont.

ditto to Minya's wife. . . .

Were there any codes written in his passport when he was "turned around" at the border? Usually they make a Misrepresentation charge for this, and sometimes an expedited removal? Was he given either of these or any paperwork at the border?

why are you posting twice? There are a ton of replies on your other post. . .check it out.. .

trailmix!! you moved me to a different forum and I got NO responses there regarding my file, so please, DO NOT move me anymore. thank you.

trailmix was right to move your thread, don't try to tell the moderators what to do. . .they know where the post belongs.

What were the exact codes written in your passport? They don't normally write a code for "working illegally" it's usually 7a, 9b, 9a, or 6c. . . Were you given an expedited removal?. . .that would change things a bit. . .

Either way, it sounds like you are going to need an I-601 waiver for the marijuana possession (and that will depend on the nature of the charge/conviction/amount and whether or not you are even eligible for the waiver). . .if you were given an expedited removal you will also need an I-212 to overcome the deportation. There are many good(and more bad) immigration attorneys in the world. You should consult with one (or more) of the really good ones that specialize specifically in I-601's. . .Laurel Scott is one of the best.

When you file with an I-130, it processes in Montreal and the waivers go to Vermont. Vermont takes around 12 months to process. . .For the I-601 you have to prove that it will cause the USC spouse extreme hardship to either move to Canada or to live in the states without you. . .it is a complicated process. You can read more about it on I2US

If you tell us the codes we can give you more information so that you'll be prepared with the appropriate questions for your attorney.

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Okay, so the husband (USC) has cancer and psychological problems and his wife is EWI post overstay now stuck in Guatemala?

If I got this right, you need to get a better attorney than the one you said doesn't know anything. . .let them do most of the work. . .and apply for an expedite when it is filed.

Laurel Scott is a good option. A hardship letter itself really has to be written from the USC's standpoint, it is not written at all by the attorney. . .and the evidence is most of the battle.

You can find more information on the waiver package on www.immigrate2us.net

Thank you for the website, but I want to make sure I understand correctly. I need to only complete the I-601 not the I-212, right? I should try to have it completed and in my fiance's hand when he goes to his K1 interview, right? Also, does he need to fill out anything, like the I-212?

If he was deported, you would need the I-212, since he was not, you do not need it.

The I-601 is only the form, the waiver package has to be very detailed and the website that I gave you has tons of information on how to put it together. It is probably going to take too long to do though for it to be ready for the interview. You can postpone the interview, or go and set up a later time to turn in the waiver. Please start reading on the process immediately, it is very complicated.