Filing AOS after staying too long...
May 8th 2004, 12:29 am
#31
Howling at the Moon
Joined: Oct 2002
Location: Incline Village, NV
Posts: 3,742
Re: Filing AOS after staying too long...
Originally posted by Folinskyinla
Hi:
To add to the confusion, it is actually uncertain as to how long a Canadian entry is good for in matter of time. Arguments can be made for six months, one year, or no set time at all.
Two years back, I repesented an alien in an IHP removal hearing. The INS had charged him with being deportable as an "aggravted felon." The upshot was that his conviction was not for an "aggravated felony" but he was deportable nonetheless. Our goal was to actually get a final order of removal so he could be pub across the border into Canada ASAP after completing his sentence thereby avoiding later INS detention and preserving his right to apply for a 212(h) waiver at a later time.
The IJ, the TA and I had a detailed sidebar to fashion a charge of removablity -- we discussed an "overstay" and we all argreed that the law regarding Canadian's provided NO time to expire -- we finally agreed that his conviction was for a CIMT and we stipulated to that.
Hi:
To add to the confusion, it is actually uncertain as to how long a Canadian entry is good for in matter of time. Arguments can be made for six months, one year, or no set time at all.
Two years back, I repesented an alien in an IHP removal hearing. The INS had charged him with being deportable as an "aggravted felon." The upshot was that his conviction was not for an "aggravated felony" but he was deportable nonetheless. Our goal was to actually get a final order of removal so he could be pub across the border into Canada ASAP after completing his sentence thereby avoiding later INS detention and preserving his right to apply for a 212(h) waiver at a later time.
The IJ, the TA and I had a detailed sidebar to fashion a charge of removablity -- we discussed an "overstay" and we all argreed that the law regarding Canadian's provided NO time to expire -- we finally agreed that his conviction was for a CIMT and we stipulated to that.
Mr Ben, that's the difference qualified and experienced counsel can make
May 8th 2004, 1:27 am
#32
Concierge
Joined: Apr 2001
Posts: 46,474
Re: Filing AOS after staying too long...
Originally posted by MrBen
Thanks for the info - it's interesting (but complicated).
So it would take a judge or an immigration officer to examine my situation and subsequently determine that I have overstayed my welcome before I am officially here unlawfully. (?)
Thanks for the info - it's interesting (but complicated).
So it would take a judge or an immigration officer to examine my situation and subsequently determine that I have overstayed my welcome before I am officially here unlawfully. (?)
Ben
Your overstay of a few days, weeks or even 2 months is not an issue with your filing for adjustment of status. Nor should it be an issue if you chose to apply for and use Advance Parole to return to Canada to pickup your belongings and close out your life up there in person.
A ban on overstay kicks in on day 180 and you are well under that number so personally, if it were me, I would not worry unduly about it.
As for Ms. Lairdside's comment on the her need for police clearance from a foreign country while she was adjusting status from the VWP, in all my years here on this newsgroup (over six years now) her is the first and only instance that I have seen that this was required. I've never seen it required of a Canadian and there are quite a few of you here married to us US citizens.
I also understand why you took your time in applying. There are other reasons which some posters might find as a validation of your "slowness" in applying and one of those would be the length of time it takes to obtain a long form birth certificate from Canada. It takes months to accomplish in some areas. I recall it took several weeks for my husband to get his newly required bc from Quebec for his new passport since the one issued in 1941 is considered unusable.
Don't recall if you told us what USCIS district office you will be using. Here's hoping it is one of the more expeditant ones and that your wait for adjustment is not a long drawn out one.
Rete
May 8th 2004, 5:26 am
#33
Just Joined
Thread Starter
Joined: Nov 2003
Posts: 28
Re: Filing AOS after staying too long...
Originally posted by Rete
Ben
Your overstay of a few days, weeks or even 2 months is not an issue with your filing for adjustment of status. Nor should it be an issue if you chose to apply for and use Advance Parole to return to Canada to pickup your belongings and close out your life up there in person.
A ban on overstay kicks in on day 180 and you are well under that number so personally, if it were me, I would not worry unduly about it.
As for Ms. Lairdside's comment on the her need for police clearance from a foreign country while she was adjusting status from the VWP, in all my years here on this newsgroup (over six years now) her is the first and only instance that I have seen that this was required. I've never seen it required of a Canadian and there are quite a few of you here married to us US citizens.
I also understand why you took your time in applying. There are other reasons which some posters might find as a validation of your "slowness" in applying and one of those would be the length of time it takes to obtain a long form birth certificate from Canada. It takes months to accomplish in some areas. I recall it took several weeks for my husband to get his newly required bc from Quebec for his new passport since the one issued in 1941 is considered unusable.
Don't recall if you told us what USCIS district office you will be using. Here's hoping it is one of the more expeditant ones and that your wait for adjustment is not a long drawn out one.
Rete
Ben
Your overstay of a few days, weeks or even 2 months is not an issue with your filing for adjustment of status. Nor should it be an issue if you chose to apply for and use Advance Parole to return to Canada to pickup your belongings and close out your life up there in person.
A ban on overstay kicks in on day 180 and you are well under that number so personally, if it were me, I would not worry unduly about it.
As for Ms. Lairdside's comment on the her need for police clearance from a foreign country while she was adjusting status from the VWP, in all my years here on this newsgroup (over six years now) her is the first and only instance that I have seen that this was required. I've never seen it required of a Canadian and there are quite a few of you here married to us US citizens.
I also understand why you took your time in applying. There are other reasons which some posters might find as a validation of your "slowness" in applying and one of those would be the length of time it takes to obtain a long form birth certificate from Canada. It takes months to accomplish in some areas. I recall it took several weeks for my husband to get his newly required bc from Quebec for his new passport since the one issued in 1941 is considered unusable.
Don't recall if you told us what USCIS district office you will be using. Here's hoping it is one of the more expeditant ones and that your wait for adjustment is not a long drawn out one.
Rete
I'm in Texas, so it will be (I assume) the Dallas office. I've read on here that they're normally pretty on the ball.
Long form birth certificate? I still haven't looked at the paperwork yet for AOS, so I didn't know that was required. (I'm starting the paperwork in a few days.)
I guess I'm lucky. I applied many years ago for an educational visa for the US (2-month course), and I still have that original birth certificate, and I even have it here in Texas! It's a full page, as opposed to my simple wallet card (the "original"). I'll confirm that it's the long form version that I need.
This is such a helpful forum.
