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About KKira

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  1. Let's see what happens at the embassy. I will let you know as soon as she get a decision.
  2. I know ITIN isn't a ssn - I am just showing the scenerio. In my situation it was exactly the same: they gave the application in the bank, I signed it, they copied my passport, attached a letter that I have a bank account and the associate submitted it to the social security office. After a few days I received a ss card. No need to go to the ss office.
  3. In 1994 when you opened a bank account, you were eligible to apply for a social security in the bank (they gave you a form, helped with any questions and they had to mark that you are an account holder so you need a social security number in order to pay taxes on interests). Well, that how it was. In 1992 I got my ssn (also applied in the bank, then the card was mailed to my address), when I got married and changed my name, I went to the social security office and the associate says to me: Is it the card issued through the bank? I said yes, she said: ok, just wanted to know if the number is yours. Even now you can see on the IRS website that f.ex. a casino applies for TIN for a winner. Mary, a citizen and resident of Ireland, visits the United States and wins $5,000 playing a slot machine in a casino. Under the treaty with Ireland, the winnings are not subject to U.S. tax. Mary claims the treaty benefits by providing a Form W-8BEN to the casino upon winning at the slot machine. However, she does not have an ITIN. The casino is an acceptance agent that can request an ITIN on an expedited basis.
  4. All addresses where she lived, including the US address.
  5. Actually, the new policy states: (iv) Non-Controlled Nonimmigrants (for example, Canadian B-1/B-2) Nonimmigrants who are not issued a Form I-94, Arrival/Departure Record, are treated as nonimmigrants admitted for D/S (as addressed in Chapter 40.9.2(b)(1)(E)(ii)) for purposes of determining unlawful presence. So I think they will start their unlawful presence counted as of August 9. I will definitely write about her visit in the Embassy and let you know about the interview outcome.
  6. But she did not "intent to immigrate". "Intent to immigrate" means she would like to adjust her status while in the USA and was admitted with a nonimmigrant visa that has no dual intent but she wants to go back to Canada and go via consular processing. Let's say someone is being sponsored by his mother. The petition has been pending for years - does it mean he cannot stay in the USA for 5 years as a student? Same situation if he came as a tourist, changed his status to F and stayed here for a few years. If it's time to apply for an immigrant visa he can go to his country and do it (if he is eligible). If my sister came to the US, and within a few weeks applied for an adjustment of status - then yes, that is fraud. But if someone has been over here for over 12 years, and did not apply for a green card in the USA - she clearly had no intention to "immigrate" to the USA. When she came to the US, Canadian citizens did not receive B2 unless they had a different passport with visa.
  7. I think I have just found an answer: yes, you are right, but because my sister was admitted to the USA and she did not occur unlawful presence (Canadian citizen without I-94), her 10 years ban was running when she was in the USA. In 2006 and 2009, USCIS Chief Counsel issued opinion letters specifically stating that the §212(a)(9)(B) inadmissibility period will “continue to run” for an alien present in the U.S. subsequent to the departure that triggered the period of inadmissibility where: 1) He is paroled or lawfully admitted as a nonimmigrant under §212(d)(3); and 2) He has not (subsequent to the departure) returned to or remained in the U.S. unlawfully since his parole or 212(d)(3) admission. Since Congress included no similar language in §212(a)(9)(B), this leads directly to the conclusion, based on basic rules of statutory construction, that an alien may “serve” the three or ten-year “sentence” within the U.S., provided he was inspected/ admitted or paroled at the time of last entry, even if he did not first receive a §212(d)(3) waiver or a similar form of advance permission to reapply for admission.
  8. Yes. Now, how is the ban from 2000 related to her immigrant visa? She was not supposed to come to the States for 10 years, she received a waiver - she came here several times with the waiver/B2visa so does it mean the waiver forgave her illegal stay for any kind of visa incl. immigrant visa? Or the first ban has expired - but she was in the US?
  9. They did not even ask her any questions as she came to the US a few times since she obtained a Canadian passport. When she applied for a visa (and waiver) she had a Russian passport, she stated she was coming to see her newborn godchild (and that was correct, she just stayed for a few days - mostly 5-7 days), then she came for baptism etc. When she was travelling with Canadian passport she had only questions about alcohol and cigarettes - if she bought any and if so, how much.
  10. Thanks a lot. That is the main issue if the first ban was waived (by the waiver) or has expired...
  11. Only Canadian citizens could have come as tourists, F visa holders to students (or former students or their spouses/children), J - work and travel, au pairs, trainees etc.
  12. Let me tell you that A LOT OF f or J visa holders stay over here for years, work, pay taxes and come back with immigrant visas. And I am sure I am right because the USCIS just announced changes for this group of visa holders as of August 8. They also confirmed that if a Canadian citizen was not issued I-94, his illegal stay will start counting as of August 8 or 9.
  13. If you look at my posts above, there are quotes from lawyers' websites - they all claim that adjustment of status is different from consular processing and they all confirm the following: The Consul applies a different set of laws and there is no problem with unauthorized employment when you obtain your visa through consular processing. by Heather Pool, Esq
  14. That's exactly what I said: she wants to come back to Canada as her case is already completed by NVC. And because she was not found inadmissible by the judge or immigration officer, she has no 3 /10 ban. Yes, she paid taxes.