Strovilos

Ok

Here is the mad situation I am in.


My Parents & brothers live in the US. I live in Canada.
I have to travel to the US for business for a multinational Telecom
Equipment company and visit my parents & brothers during holidays if
possible.
I have a 10 year bar on entering the US due to a 1996 "Clinton Law"
("Thanks Mr Ex President, is that how your law treats people who want
to see or be with their families?")


In the Past, my father had a his green card approved after multiple
petitions through labor certification etc etc. Unfortunately I had
aged out back then
that was on end of 1993. My father got his green card in 1996 and had
a new petition filed for me, that is I-130 in 1996 as the unmaried son
of a permanent resident. This I-130 petition was approved,
unfortunately I couldn't adjust status yet according to the approval
letter. My guess is I had to wait for my VISA priority, God knows for
how many years?? Only then I could file another form with INS to get
the "green card"?


During all this time, years, 1989- I was out of status, but living
with my family.


Due to personal circumstances I had to immigrate to Canada. I landed
there
on April of 1998. Now after a few months living in Canada, on luly of
1998 I applied at the local Consulate for a visitor VISA, to see my
family (I was
not a Canadian citizen yet, so I applied with the passport of my
native country). Well that's where I got into trouble. The officer
there put me on a 10 year bar to enter the US, end of story. ("Thanks
a lot Mr Ex President for that nice law!!!!!")


Recently I became a Canadian citizen. I did a Waiver application in an
attempt to remove the bar explaining that I live in Canada, I am a
Canadian Citizen, I have a house, a job that requires me to travel to
the US from time to time, married and having a kid, plus that I would
like to be able to visit my family from time to time. I submitted
everything the waiver required. I had no criminal records anywhere, in
the US, or Canada. My company had made a letter for me proving they
want me to travel to the US because we have a lot of customers there,
my presence is required etc. People wrote letters for me as per waiver
requirements. I did the whole application with a lawyer of course.

Well in the end they denied the application!

This is what they almost wrote to me. They said (I paraphrase):


There is not warrantee that I am not "a problem to the country ,
society"
etc and they quoted some "Hanna" Law Case.
That I don't prove that my intention is not to immigrate, that I was
unlawfully present in the US and so the bar was just and right. And
that my application is denied, and I should do a motion to reconsider
and or go to appeal within x number of days.

I did the motion to reconsider. Now I know INS can take a look on it
anytime
they want. There is no rule or deadline imposed on them to look at any
motion to reconsider in a timely manner. Therefore my motion to
reconsider could take forever to get answered.

What I should do to get an answer faster from the INS? I did not want
to
appeal since it seems to be also a lengthy/expensive process and no
warrantees
in the end. I am in big trouble and I need help for sure.

Thanks!

KT

Stuart Brook

Strovilos wrote:
    >
    > Ok
    >
    > Here is the mad situation I am in.
    >
    > My Parents & brothers live in the US. I live in Canada.
    > I have to travel to the US for business for a multinational Telecom
    > Equipment company and visit my parents & brothers during holidays if
    > possible.
    > I have a 10 year bar on entering the US due to a 1996 "Clinton Law"
    > ("Thanks Mr Ex President, is that how your law treats people who want
    > to see or be with their families?")
    >
    > In the Past, my father had a his green card approved after multiple
    > petitions through labor certification etc etc. Unfortunately I had
    > aged out back then
    > that was on end of 1993. My father got his green card in 1996 and had
    > a new petition filed for me, that is I-130 in 1996 as the unmaried son
    > of a permanent resident. This I-130 petition was approved,
    > unfortunately I couldn't adjust status yet according to the approval
    > letter. My guess is I had to wait for my VISA priority, God knows for
    > how many years?? Only then I could file another form with INS to get
    > the "green card"?
    >
    > During all this time, years, 1989- I was out of status, but living
    > with my family.
    >
    > Due to personal circumstances I had to immigrate to Canada. I landed
    > there
    > on April of 1998. Now after a few months living in Canada, on luly of
    > 1998 I applied at the local Consulate for a visitor VISA, to see my
    > family (I was
    > not a Canadian citizen yet, so I applied with the passport of my
    > native country). Well that's where I got into trouble. The officer
    > there put me on a 10 year bar to enter the US, end of story. ("Thanks
    > a lot Mr Ex President for that nice law!!!!!")
    >
    > Recently I became a Canadian citizen. I did a Waiver application in an
    > attempt to remove the bar explaining that I live in Canada, I am a
    > Canadian Citizen, I have a house, a job that requires me to travel to
    > the US from time to time, married and having a kid, plus that I would
    > like to be able to visit my family from time to time. I submitted
    > everything the waiver required. I had no criminal records anywhere, in
    > the US, or Canada. My company had made a letter for me proving they
    > want me to travel to the US because we have a lot of customers there,
    > my presence is required etc. People wrote letters for me as per waiver
    > requirements. I did the whole application with a lawyer of course.
    >
    > Well in the end they denied the application!
    >
    > This is what they almost wrote to me. They said (I paraphrase):
    >
    > There is not warrantee that I am not "a problem to the country ,
    > society"
    > etc and they quoted some "Hanna" Law Case.
    > That I don't prove that my intention is not to immigrate, that I was
    > unlawfully present in the US and so the bar was just and right. And
    > that my application is denied, and I should do a motion to reconsider
    > and or go to appeal within x number of days.
    >
    > I did the motion to reconsider. Now I know INS can take a look on it
    > anytime
    > they want. There is no rule or deadline imposed on them to look at any
    > motion to reconsider in a timely manner. Therefore my motion to
    > reconsider could take forever to get answered.
    >
    > What I should do to get an answer faster from the INS? I did not want
    > to
    > appeal since it seems to be also a lengthy/expensive process and no
    > warrantees
    > in the end. I am in big trouble and I need help for sure.
    >
    > Thanks!
    >
    > KT

The bar you are hit with is an automatic bar. It's another of these
zero tolerance laws.

There's nothing here to help you, because you need a real legal opinion
to see if there's any way to achieve what you want.

An approved I-130 is as big a stumbling block as is the bar!

Ingo Pakleppa

Unfortunately, the bar is absolute. It does not matter how good your
reason for travelling to the US is, nor does it matter that you would
really just be a tourist, or that you are now a Canadian citizen. In order
to get it waived, you'd have to show hardship to a US citizen or permanent
resident - and that is going to be extremely tough, quite probably
impossible.

Also, the consular officer didn't "hit you" with it. Rather, the ban went
into effect automatically the day you left the USA. That is something of
good news because it means that four of the ten years have already
passed. And the I-130 remains valid, so likely you'll be able to
immigrate to the US immediately in five to six years, when your ban
expires.

On Wed, 13 Nov 2002 10:24:04 -0800, Strovilos wrote:

    > Ok
    >
    > Here is the mad situation I am in.
    >
    >
    > My Parents & brothers live in the US. I live in Canada. I have to travel
    > to the US for business for a multinational Telecom Equipment company and
    > visit my parents & brothers during holidays if possible. I have a 10
    > year bar on entering the US due to a 1996 "Clinton Law" ("Thanks Mr Ex
    > President, is that how your law treats people who want to see or be with
    > their families?")
    >
    >
    > In the Past, my father had a his green card approved after multiple
    > petitions through labor certification etc etc. Unfortunately I had aged
    > out back then
    > that was on end of 1993. My father got his green card in 1996 and had a
    > new petition filed for me, that is I-130 in 1996 as the unmaried son of
    > a permanent resident. This I-130 petition was approved, unfortunately I
    > couldn't adjust status yet according to the approval letter. My guess is
    > I had to wait for my VISA priority, God knows for how many years?? Only
    > then I could file another form with INS to get the "green card"?
    >
    >
    > During all this time, years, 1989- I was out of status, but living with
    > my family.
    >
    >
    > Due to personal circumstances I had to immigrate to Canada. I landed
    > there
    > on April of 1998. Now after a few months living in Canada, on luly of
    > 1998 I applied at the local Consulate for a visitor VISA, to see my
    > family (I was
    > not a Canadian citizen yet, so I applied with the passport of my native
    > country). Well that's where I got into trouble. The officer there put me
    > on a 10 year bar to enter the US, end of story. ("Thanks a lot Mr Ex
    > President for that nice law!!!!!")
    >
    >
    > Recently I became a Canadian citizen. I did a Waiver application in an
    > attempt to remove the bar explaining that I live in Canada, I am a
    > Canadian Citizen, I have a house, a job that requires me to travel to
    > the US from time to time, married and having a kid, plus that I would
    > like to be able to visit my family from time to time. I submitted
    > everything the waiver required. I had no criminal records anywhere, in
    > the US, or Canada. My company had made a letter for me proving they want
    > me to travel to the US because we have a lot of customers there, my
    > presence is required etc. People wrote letters for me as per waiver
    > requirements. I did the whole application with a lawyer of course.
    >
    > Well in the end they denied the application!
    >
    > This is what they almost wrote to me. They said (I paraphrase):
    >
    >
    > There is not warrantee that I am not "a problem to the country ,
    > society"
    > etc and they quoted some "Hanna" Law Case. That I don't prove that my
    > intention is not to immigrate, that I was unlawfully present in the US
    > and so the bar was just and right. And that my application is denied,
    > and I should do a motion to reconsider and or go to appeal within x
    > number of days.
    >
    > I did the motion to reconsider. Now I know INS can take a look on it
    > anytime
    > they want. There is no rule or deadline imposed on them to look at any
    > motion to reconsider in a timely manner. Therefore my motion to
    > reconsider could take forever to get answered.
    >
    > What I should do to get an answer faster from the INS? I did not want to
    > appeal since it seems to be also a lengthy/expensive process and no
    > warrantees
    > in the end. I am in big trouble and I need help for sure.
    >
    > Thanks!
    >
    > KT

Chris Parker

    > I have a 10 year bar on entering the US due to a 1996 "Clinton Law"
    > ("Thanks Mr Ex President, is that how your law treats people who want
    > to see or be with their families?")

Unfortunately, yes. The idea behind this law was to provide voluntary
deportation for visa overstayers.

The waiver can only be approved upon showing extreme hardship will be
suffered by your U.S. citizen spouse or children. This does not apply
to you, so applying for a motion to reconsider would be pointless
unless you acquire a U.S. citizen spouse or child.

It's too bad you didn't depart in March 1998 rather than April 1998;
the bar would have been 3 years rather than 10 years and already
expired.

You will become readmissible again in 2008. Hopefully, your I-130
priority date won't become current again before that. If there is an
urgent humanitarian reason why you must enter the U.S. sooner, your
father may file an I-131 application with INS HQ for an Advance Parole
to allow you to enter the U.S. regardless of inadmissibility.

Sorry to hear such bad luck, but I'm sure you are not alone.
CP