Timeline for Canadian overstayed in the US for 14 years. Can I leave to Canada and return back to the US?
Current License: CC BY-SA 3.0
11 events
| when toggle format | what | by | license | comment | |
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| Nov 2, 2017 at 3:31 | comment | added | George Y. | I'm unsure about this - you see it yourself that many provisions in INA 212 have "general waiver" reference, but this provision does not mention it, and only mentions a specific reference. | |
| Oct 31, 2017 at 5:20 | comment | added | user102008 | @GeorgeY.: The nonimmigrant waiver, INA 212(d)(3)(A), applies to most types of bans. | |
| Oct 31, 2017 at 4:10 | comment | added | George Y. | @user102008 I don't see any non-immigrant waiver provisions in (9)(B), waiver is only provisioned for the cases mentioned above. | |
| Oct 30, 2017 at 7:54 | comment | added | user102008 | "If you are found inadmissible, this inadmissibility can be waived IF you are married to the US citizen, but only if it causes extreme hardship to one" This is only about the immigrant waiver, for if the OP wants to immigrate to the US. The nonimmigrant waiver (e.g. if the OP wants to visit) is different, and doesn't require extreme hardship; although the OP may find it hard to be admitted as a nonimmigrant given her history. | |
| Oct 30, 2017 at 5:21 | comment | added | user102008 | "Since you were unlawfully present in the USA over a year" We don't know that. It is very possible the OP does not have a single day of "unlawful presence", depending on the specifics of how they entered which we don't know. | |
| Oct 29, 2017 at 20:31 | comment | added | phoog | @GeorgeY. well this is the first I've heard of this change in policy, but in another article on the change, it's noted that "CBP acknowledges it is unlikely it would be able to prove in court that such an alien accrued unlawful presence." I'd be interested to know if it has gone to court in the meanwhile. Anyway, I've changed my vote. This certainly underscores the need to get qualified legal advice. | |
| Oct 29, 2017 at 20:07 | history | edited | George Y. | CC BY-SA 3.0 |
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| Oct 29, 2017 at 18:58 | comment | added | Patricia Shanahan | You are probably right. The lawyers would in any case need to communicate and cooperate. | |
| Oct 29, 2017 at 18:55 | comment | added | George Y. | Possibly true, but I'd rather get one lawyer and have him/her involve other specialists, as the issues are tied together. A typical tax lawyer, at least from my experience here in California, has little experience dealing with immigrants (both legal and illegal), and their advice - although perfectly right for a citizen - sometime means immigration trouble for others. "non-resident" status on tax return is one of such issues. | |
| Oct 29, 2017 at 18:51 | comment | added | Patricia Shanahan | It may take two lawyers, a tax expert used to negotiating with the IRS and an immigration attorney used to dealing with overstay and bans. | |
| Oct 29, 2017 at 18:46 | history | answered | George Y. | CC BY-SA 3.0 |