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Can I Still Get A Green Card Through My Siblings After An Entry Ban Expires

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  • Can I Still Get A Green Card Through My Siblings After An Entry Ban Expires

    I was traveling by Greyhound bus from Canada to the United States in October of 2017 to see my family. The officer who was questioning me noticed on my record that I had a temporary U.S. drivers license, and he told me that I am supposed to have a Canadian driver’s license because Canada is my place of permanent residence. I have since obtained a Canadian drivers license, as requested, and it is valid for 10 years. Another officer started to question me about my travel history, and I gave her all my information, not knowing I had done anything wrong. I was found inadmissible to the United States under Section 212 (a) (9) (B) (I) (ii) of the INA for “alien unlawfully present over 365 days”. I was told that due to my length of time in the United States without a valid status, I am inadmissible to the United States for a period of 10 years. I will require a waiver until January 2, 2021. I am returning to the same border and paying the $930.00 for the I-192, Application for Advance Permission to Enter as a Nonimmigrant to the United States. I do not have a criminal record in Canada or the U.S.

    The period I am being punished for is 2006 through 2011, but it should be 2006 through 2010. The U.S. Customs and Border Patrol Officers who looked at my travel history said that I did not return to Canada until January 2 of 2011, which is not true. I returned to Canada on January 2 of 2010, and I have my old passport from 2010, my apartment rental agreement from 2010, my letter of employment from 2010, my pay stubs from 2010, my tax assessments for 2010, and my bank account, which was opened in 2010, to prove it. They are all included in the packet I am taking with me to show them at the border, along with all my tax assessments and pay stubs from 2011 to 2016 as well. Will this get them to change my required waiver date from January 2, 2021 to 2020?

    In 2006 I flunked out of University during my senior year and I lost my F1 student visa status. I was unlawfully present in the United States for four years from 2006 to 2010 because I did not have the money to go back to Canada. On top of that, my parents and my grandparents would not help me financially to move back up to Canada by myself because they did not want to worry about me. Whenever I would talk to my parents and grandparents about helping me move back up to Canada, it would turn into an argument. My parents were both Canadian citizens, and they were also divorced. Both of my parents got remarried to U.S. citizens, and they both got their green cards by 2003. I could not get a green card through my parents because I was over 21 years of age. I was angry, depressed, and upset at my parents and grandparents for putting me in that position. It wasn’t my fault. On top of that, my family no longer owned or rented any property in Canada after 2006. I had nowhere to go to.

    In 2010 my parents and grandmother finally agreed to help me move back to Canada and start working. I returned to Canada on January 2, 2010. I got my first job on July 2, 2010, a couple months before my 32nd birthday. I take the bus everyday to work, which is why I never got a Canadian drivers license. I have been working in Canada for the past 7 years, and visiting my family in Florida for the past 7 years as well, mostly for the Christmas holidays. In July of 2017 I had to be with my mother in the U.S. My mother was admitted to the hospital with stage 4 breast cancer. My mother passed away in August 2017. She was 61 years old. I stayed in the states to clean up my mother’s bedroom and put away her belongings. I returned to Canada by Greyhound bus on September 24, 2017 to pay some bills and return to the U.S. again in October 2017 to help my grandmother, but I was not permitted to enter the U.S. I did not purchase a round-trip ticket because I did not know how long my grandmother was going to need me to be with her in the U.S.

    My grandmother has owned and lived in the same condominium building in the U.S. since 1981 (36 years). This has been my second home since I was 3 years old. For my entire life I have been traveling back and forth between Canada and the U.S. My grandmother is 83 years old and she obtained her green card in 1991 when she was 57 years old. My brother (age 31) and my sister (age 29), both work and live with my grandmother in the U.S. My brother and my sister obtained their green cards when they were both still under 21 years of age in 2005 through the marriage of our mother to our stepfather in 2001. My brother and my sister will be applying for U.S. citizenship in the near future.

    There will be a one-year anniversary memorial service for my mother in August of 2018, and I need to be there with my brother, my sister, and my grandmother. A letter from the church will be included with the packet I am submitting CBP/DHS, along with a copy of my mother's death certificate. My mother’s ashes and her urn are still sitting in my grandmother’s condo because we did not have the money to bury her right after she passed away. I need to be with my grandmother, my brother, and my sister to take my mother’s urn to be buried at the same cemetery where my grandfather and my great-grandfather are buried.

    My current employer allows me to take a 2-week vacation during the year. Between my mother’s death and what happened to me at the U.S.-Canada border this year because of my ignorance, this has been a very stressful and emotional year for my family. I am 39 years old, and up until this year I had never experienced this kind of legal trouble. I am worried that I won’t get to be with my grandmother in the states if she becomes ill or if something else happens to her in the next 10 years. My grandmother, my brother and my sister are all I have left. Will DHS allow me to visit my family in the U.S. in August 2018, after the 180 days review of my file? Will they keep in mind, and take into consideration, and give me credit for the fact that I had been living and working in Canada, and visiting my family in the U.S. for the past 7 years (2010 to 2017) before I was found to have been unlawfully present in the United States for 4 years prior to 2010?

    Will Customs and Border Protection take 5 years off my 10-year inadmissibility on the spot after I pay the $930.00? Or do I have to wait the 180 days for DHS to tell me if the 5 years will be taken off? If DHS takes 5 years off my 10-year inadmissibility, and allows me to visit my family in the States next year, can I still get a green card through my brother or sister in the future, once my U.S. entry ban has completely expired?
    Last edited by Laudawa; 11-21-2017, 05:06 PM.

  • #2
    You need to overcome the presumption of immigrant intent each and every time you apply for admission to the United States. From your narrative, you clearly aspire to immigrate to the United States some day, but that doesn't mean you can't win admission with convincing evidence that your proposed trip is temporary in nature. That evidence will have to be comprehensive, in light of your prior immigration violations
    Last edited by inadmissible; 11-21-2017, 06:01 PM.

    Comment


    • #3
      I replied on another site but here it is for reference:

      It seems from what you said that you probably don't actually have a ban, and whoever thought you had a ban was mistaken. The key is the definition of "unlawful presence". In order to have a 9B ban, you must have accrued 180 days / 1 year of "unlawful presence" and then leave the US to trigger a 3-year / 10-year ban. "Unlawful presence" is different from simply being out of status. Being out of status for no matter how long does not by itself cause "unlawful presence" to start accruing. Normally, "unlawful presence" only automatically starts accruing if you stay past the date on your I-94. However, people in F status are almost always admitted for "D/S" on their I-94, not until a specific date. Therefore, you do not automatically start accruing "unlawful presence" no matter how long you stayed after flunking out. The only other ways "unlawful presence" can start accruing are if 1) you applied to a benefit (e.g. change of status, EAD, etc.) to USCIS and it was denied for the reason that you are out of status, or 2) you were given a final order of removal in immigration court by an immigration judge. I am assuming neither of these things happened. So you likely have not accrued even a single day of "unlawful presence" before you left the US, even though you were out of status in the US for years.

      Unfortunately, it's hard to argue with CBP on technicalities of law at entry, and if they put in their system before that you have a ban, you are probably not going to change their mind; and there isn't really any way to "appeal" their decision if you think it's wrong.

      Note that even if you didn't have a ban, CBP can still deny you entry for the general reason of failing to overcome the presumption of immigrant intent, and there is no waiver for that. Your past overstay is a big negative factor in their determination.

      You should have no problem immigrating, when a visa number is available.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Sorry, that was my mistake. It's a 10-year inadmissibility, not ban.

        Comment


        • #5
          So will I be able to see my brother, sister, and grandmother again in the states before 2027?

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          • #6
            Do these qualify as good character reference letters? This is what I have gotten so far. I need one more.

            To U.S. Customs And Border Protection And Department Of Homeland Security

            Mr. … has been leasing an apartment in my building on … in Canada for the past 7 years. Mr. … always pays his monthly rent on time, and sometimes he pays me for three or four months in advance. Mr. … is a polite and respectful person who never gives his neighbours or myself any problems. I know Mr. … travels to the states every year to see his family.

            If you have any questions, please contact me at …

            Sincerely,


            To U.S. Customs And Border Protection And Department Of Homeland Security

            I have known Mr. … for 31 years. He is my oldest friend. We met in 1986 in 2nd grade. Throughout his travels, back and forth between Canada and the U.S. with his parents and grandparents over the years, he and I have always kept in touch. I have visited him at his grandmother’s condo in the U.S., and I have visited him at his apartment in Canada, and he has visited me a few times in Canada in the past 7 years. Mr. … is a very nice, decent, quiet, shy and funny person. Please allow him to visit his family in the U.S.

            If you have any questions, please contact me at …

            Sincerely,

            Comment


            • #7
              Originally posted by inadmissible View Post
              You need to overcome the presumption of immigrant intent each and every time you apply for admission to the United States. From your narrative, you clearly aspire to immigrate to the United States some day, but that doesn't mean you can't win admission with convincing evidence that your proposed trip is temporary in nature. That evidence will have to be comprehensive, in light of your prior immigration violations
              You had a form number in your original post. What was it? Was it related to my issue of needing to be with my grandmother, brother and sister? Was it something I already got when I was stopped at the port of entry?

              Comment


              • #8
                Originally posted by Laudawa View Post
                You had a form number in your original post. What was it? Was it related to my issue of needing to be with my grandmother, brother and sister? Was it something I already got when I was stopped at the port of entry?
                I was mistaken when I wrote about Form I-601, the application for waiver of inadmissibility for intending immigrants. A different standard is required to win such a waiver than a waiver of inadmissibility for non-immigrants. There are two reasons it won't apply to you. First, you are likely not inadmissible in the first place. As newacct mentioned, students and scholars are admitted for "duration of status" and not until any particular hard deadline. They only accrue unlawful presence when their status is formally terminated by USCIS or by an immigration judge. Absent either event, you did not accrue any unlawful presence (despite being out of status for so long) when you departed the United States. Second, even if you had accrued excess unlawful presence and triggered that grounds of inadmissibility upon departing, you that bar will have long expired by the time you have the opportunity to immigrate to the United States. The 10 year bar would lapse in January 2020, if it applies. When your siblings naturalize as US citizens, they can petition for you to immigrate, but the wait for siblings is roughly 13 years

                I think the CBP officer was wrong to have found you inadmissible for unlawful presence. He would have been correct to find you inadmissible as an intending immigrant. The result would have been the same to you - you would have been denied admission. Because you're not actually inadmissible, a waiver of inadmissibility would be ineffective.

                Comment


                • #9
                  How long does it take to get your U.S. Citizenship after you apply?

                  Do my siblings have to have valid Canadian passports along with their green cards in order to apply for their U.S. Citizenship?

                  The following link states the following:

                  You must prove that you can support your family, your relative and all other sponsored family members at 125% above the mandated poverty line.



                  Does this apply to siblings too?

                  - - - Updated - - -

                  I got an I-94 when I entered in 2003, then after three years I flunked out of University. That was 2006. I went back to Canada in 2006, turned in the I-94 (Stamped F1) to U.S. Customs at the airport and I returned as a visitor to the States the same day. They just stamped the date of travel on my passport. And it says Class/Valid Until _______ empty line. They did not put a date on it.

                  So if I turned in my I-94 at the airport in Canada and then returned to the States the same day and stayed from 2006-2010, does that make the 9B ban I have correct?

                  I went back to the States and stayed until 2010, because I didn't have a place to live in Canada, and I didn't know anyone there, and my parents and grandparents would not help me financially to get a place in Canada.
                  Last edited by Laudawa; 11-26-2017, 04:39 PM.

                  Comment


                  • #10
                    If DHS gives me a waiver and allows me to visit my family in the States, how exactly does it work? Do I get just one visit in the next 10 years, or do things go back to normal and I can visit once every year the way I had been doing for the past 7 years since I moved back to Canada?

                    Comment


                    • #11
                      Okay, I get it now! I don't actually have a 10-year ban on entering the U.S. because I have been living and working in Canada for the past 7 years. I voluntarily returned to Canada in 2010, and that's why I will require a waiver until 2020. The CPB officer gave me credit for the past 7 years living and working in Canada (2010-2017), so that takes 7 years off my 10-year ban, and that's why I will require a waiver between 2017-2020 (that's 3 years). 3 + 7 = 10. I can either pay the $930.00 for the application to get a waiver to enter the States, or I can wait until 2020 to return to the U.S. as a visitor. Before this year I would go to the States once every year to be with my family for Christmas. Is Christmas still a reason to visit family in the U.S. in my case? Can I get a waiver for that before 2020?

                      Comment


                      • #12
                        Like I said, I don't think you're actually inadmissible for your unlawful presence. You will however have to overcome the presumption of immigrant intent to gain admission, which will be difficult given your immigration history and weak ties to your home abroad

                        Comment


                        • #13
                          If I was in the States with my parents and grandparents for 11 years as a minor, will DHS hold that against me? I was a minor. It wasn't my fault.

                          1978-1981 - My first 3 years in Canada
                          1981-1986 - Lived in the U.S. - B2 Visa, but I don't know if the B2 lasted for the whole 5 years - I was a minor
                          1986-1991 - Lived in Canada
                          1991-1996 - Lived in the U.S. - B2 Visa, but I don't know if the B2 lasted for the whole 5 years - I was a minor
                          August 1996 - Returned to Canada with mother and got an H4 Visa - I was still a minor
                          1996-1998 - Lived in the U.S. - H4 Visa (expired on October 24, 1998) - I was a minor still, and then not a minor
                          1998-2003 - Lived in U.S. - No Status, but was permitted to go to College in the U.S.-old laws-Will this be held against me when I mention it to DHS on application?
                          2003-2006 - Lived in U.S. - F1 Student Visa
                          2006-2010 - Lived in U.S. - Parents and grandparents would not help me get a place in Canada - I had no money - family no longer owned any property in Canada - I am being punished for this!

                          2010-2017 - Living and working in Canada
                          Last edited by Laudawa; 11-28-2017, 01:59 PM.

                          Comment


                          • #14
                            Does DHS treat people who are represented by a lawyer better than people who are not? Does it matter?

                            Comment


                            • #15
                              When I go to a U.S. Port of Entry to submit my entry waiver application, my proof of current employment, my 3 character references, my circumstances of violation and reasons for travel, and my $930.00 fee, will CBP take my file and mail it themselves to DHS, or will they give me a letter with proof of payment to put in my file and I mail it myself to DHS? If they do it themselves, how long will my file sit at the port of entry before it gets mailed to DHS for the 180 days of review?

                              Comment

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