new orleans bound

Mine is for an overstay.

New Orleans Bound---you overstayed for 191 days and that's it? You didnt commit a crime? You didnt commit fraud? You just overstayed? What visa? Was it a tourist visa or what? I am just trying to understand why Montreal wont let you file a waiver...that makes no sense. An overstay of more than 180 days but less than a year is punishable by a three year ban, yes? That should be waiverable, correct? Anyway I wish you luck and hope you get to file soon!

Misty B, sorry I didn't reply earlier. I post and read as the urge hits me. But to answer your question. Yes I only over stayed my visa by 191 days. I was working a valid non expired work visa at one hospital. Decided to switch jobs half way through the year to a new hospital and when I went to the border to renew my work visa because the hospital was sponsoring me for a work-related green card. CIS found out that I was working on this visa from the other hospital and I was told to leave. As I type this it sounds so stupid. OK, I made a mistake of not being informed on the work laws in the States. But it wasn't like I was working on an expired work visa. It wasn't as I was working under the table. I just made a mistake and seem to be paying for it big time. I'm sure others can view this as I broke the law and have to pay the consequences but on the larger scheme of things my mistake was only a small one. (In my eyes of course). I don't have any criminal charges here in Canada. No DWI, no fraud, no theft. My record in the States is clean too. Although I secretly feel that my conversations with my husband are being monitored by George W and my great dislike of George W was been noted and that's why I'm not allowed back in. I think I've got another 2 years before he's out of office. (Joking about the wiring tapping).

Officially my three year Ban is up in the summer of 2007 but my husband and I feel that due to my ongoing problems with the consulate/immigration process I won’t be able to get back in without my green card! The really crappy thing is we have a mortgage in the States (which my husband is covering) and now I've gone and bought a home here in Canada. I had to buy something out of nessatity because I've been living like a nomad. I thought I'd be home last year but to my surprise I'm still here and now partially homeless. My roommate is selling her place so I had to buy something here. Who knows how long I'll be in Canada for. Might as well make an investment out of it. I strongly believe that the person at the consulate reviewing a particular case has NO clue as to the real hardships faced by every one going through this process. My own personal feeling here of course, but sometimes I feel as though the consulate adjudicator just skims the waiver and if it suits their fancy they read deeper into what you've presented to them. I don't know many people who can afford to maintain two house holds, but that's what's happening to those of us in the waiver process. You keep hanging on to any hope that it will be all done soon, but it never really is. I still have some negative/bad feelings towards my adjudicator. I found her to be unfriendly and very rude. But I’m sure the next person who goes under her microscope might fair much better than me. Anyway that's enough of my rant for now.

Although I'm not officially a member of the UK waiver club because my petition was filed and reviewed in Canada, but I'm thinking I'm close enough. Seeing as Canada was considered a British Colony until 1982, so I'll have my 2 cents worth. I would like to say that Paul is correct is some ways, that each case is different and when we post about our experiences with the waiver process it's not to make people next in line worry about their waiver and whether the evidence that is contained in their waiver meets Consulate scrutiny. But it's really hard not to sit there and speculate on why this happened and why that happened. When you strip it down you realize you were denied and its heart breaking. So please allow those of us with denials the space to post our thoughts and concerns. It's not like it's done out of malice but out of a need to express our grief and get the much needed support from the people who understand and are going through a similar experience.

Those of you who are waiting good luck. Those of us who have been Denied, may we find peace in the next part of our journey.

Joanna

Mary and Tom, I really do feel for you. I've been reading the thread for a while now, but I never really posted because my waiver was being filed in Canada. But I still paid attention to what was going on in these threads on VJ as well as immigrate to 2 us site.

I understand how you and Tom feel. It's like a rug has been pulled out from underneath you. You build up all this hope because you were lead to believe that something was possible and than bam you get broad sided. This entire journey is a frail one. There’s so much at stake and so much involved with the whole process. It’s like a big rollercoaster ride with no clear end in site especially when you have to file a waiver. At least that’s my take on this long tedious process. Although my situation is slightly different than yours and Tom’s, I do understand your agony. I'm not trying to take the focus away from what you're experiencing and going through. But I know what it's like to put your life on hold while you wait for things to be resolved, as I’m sure many are here. It's depressing to know that people sneak into the States all the time and commit crimes and do hateful things and those of us who haven't done anything unlawful pay. One feels as though they are in a constant state of limbo. Can't really do anything in the States and can't really do anything anywhere else while you wait for judgment. I hate the fact that people have all these preconceived notations before you go into the interview and don't look at all the facts. I feel that that's the most maddening thing. I know that there are tons of people filing waivers but shouldn't one take the time to read one's particular case before making a judgment. I mean look at all the people smuggling drugs into the States. Do they get bans like the rest of us who are legit? In some cases it's a slap on the wrist and on their way they go. It's very frustrating. I believe the US is so worried about letting us foreigners in, but they should really be more concerned with what the average Joe in the US does than the productive citizens of foreign countries whose only mistake was marring someone who was not a USC.

When my husband and I got my interview notice, we were ecstatic. We were so confident that I was coming home, I started to liquidate everything here in Canada and get to the interview and be told by the adjucator that they wont listen to your case over a simple overstay, they wont let you file a waiver period is devastating. There aren't enough words out there to use to explain how it can affect you. It's so unimaginable to think that one person has so much power over you. I realize that there are people here who will read my comments and wonder whether my case is more complex than what I say. It really isn't, I was working in the US on a TN, switched job but not Visa’s and when I renewed I was informed that that was illegal and that I had overstayed my visa by 191 days. In the span of 5 hours my life and that of my husband were turned upside down. It's not even the fact that I received a ban, it's getting to the interview having everything prepared and being told that they won’t listen to your case. Its hard letting someone decided your fate, knowing that you’re a decent person and you did something stupid, learned your mistake now let me be with my spouse. Very hard indeed.

Joanna

Hey MellieMel,

I can't really help you with the specifics of your case but I can offer you a few words of wisdom, I should say my opinion more than wisdom. Let me start off with this, you should have a hardship letter ready for the Embassy in Montreal when you go for your interview. If you don't have an I-601 waiver written up, it will further delay your case by a few months. You and your husband still have some time to get one ready.

Your problem is not that you overstayed but that you worked in the US on and invalid SSN. I can't say how immigration is going to look at that. CIS is really starting to crack down on what the consider working illegally in the States. I know you work independantly but immigration might not view it that way. There is a post somewhere in this section about a guy and his finance from Colombia and she gat a 5 year ban for working under the table. Not saying that to scare you but be prepared for them to say something like that to you at the time of your interview. Looking at it from a positive light, immigration might not say anything at all. But the ONE thing you do not want to do is lie to them about working down there. They'll view that as you being deceptive and you might get into more trouble.

Like anyone here will tell you, have your hardship documentation ready. The waiver is more for your husband to prove hardship- as to why YOU need to come to the States and why he can't move to Canada. Unfortunately for us Canadians, it's difficult to prove hardship in Canada. What I mean by that is if you were in Mexico you would have the health care advantage, the wages are poorer, and standard of living is less than that of the US. Canada doesn’t really have that. If you and your current husband have kids together that would be a bonus, meaning an excellent case for hardship, him being separated from them, or if he has kids from a previous marriage that he still supports that would also be a hardship. Having to sell everything and moving to Canada, the difficulty of him being able to get a job up there if he has no formal education, your current financial status etc. The website Immigrate2US is very helpful in the sense that there are some excellent hardship letters posted there. I used some of those example hardship letters to draft my hardship letter and that of my husband's. I'd also say it would be beneficial for you and your spouse to seek the advice of an immigration lawyer about your options. You don't need the lawyer to file your waiver but they (the lawyer) might provide you with some helpful information pertaining to your situation. Now there is a lawyer that specializes in filing waivers. Her name is Laurel Scott (I think that's how you spell her name) and you can contact her through her website and she might be able to file the waiver paperwork for you. But she is costly. I believe a few people from this website have used her services, I believe she is one of the best in her area of expertise- waivers.

I'm not sure if I helped you at all, I hope I have. If you have any questions you can contact me through visa journey. Good luck. Joanna

alright chicken little. You have your interview date!

Congrats to you too awaterlily, good luck on your interviews.