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Anyone knows what to do on INS denial of waiver to a 10 year bar

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Anyone knows what to do on INS denial of waiver to a 10 year bar

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Old Dec 10th 2002, 12:16 pm
  #1  
Strovilos
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Posts: n/a
Default Anyone knows what to do on INS denial of waiver to a 10 year bar

Hi

I would like to hear some good advice here:

Here is the bad 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 IIRRA law


In the Past, my father had a his green card approved after multiple
petitions through labor certification etc etc. and that's because of
the abusive and irresponsible behavior of close relatives who promised
to
adjust status for him and his family, but who, in the end, throwed us
on the road and emotionaly abused us, threatening us and doing their
best to prevent my family from getting extenting/getting legal VISA
status. My family came to the US legally BTW, and unfortunately we
never knew what was laying ahead of us. Unfortunately, I HAD AGED OUT
back then and that was on end of 1993. My family and I had entered the
US
legally and also had an I-94 etc etc.

My father got his green card in 1996 and had a new petition
immediately
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, 1989-1998 I was out of status, but living
with my family.


Due to personal circumstances I had to immigrate to Canada. Personal
circumstances and also inability to work in the US, out of status
situation,
forced me to immigrate while ignoring/not knowing the real
consequences of the irrational 1996 IIRIRA. Unfortunately, I had to
wait a certain period of time before being eligible for a canadian
VISA and landing in Canada and that made
the "clock" tick against me as far as I understand now.

I landed there on April of 1998. Now after a few months living in
Canada, on
July 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. This law seems to be designed to seperate families and to treat
people like criminals even though they could stay INDEFINETELY no
matter if they get a Green Card
or not. If that law is not designed to exploit people then is designed
to
do what?


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 the IMMIGRATION
APPEAL
COURT 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!

TK
 
Old Dec 12th 2002, 6:34 pm
  #2  
J. J. Farrell
Guest
 
Posts: n/a
Default Re: Anyone knows what to do on INS denial of waiver to a 10 year bar

"Strovilos" wrote in message
news:[email protected]...
    > I would like to hear some good advice here:
    > ...
    > 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.

The only way I know of to get a faster answer from the INS is to
get a member of Congress to chase it. The one who represents
your family would probably be the place to start.

However, you are still missing the point here. It doesn't matter how
quickly they give you an answer because the answer will be the same.
On the basis of what you have described here, you are subject to a
10 year ban. The INS does not have any choice in the matter - they
cannot choose not to ban you no matter how sad your story or how
accidental your breaking of the law.

There is a slight chance that they will screw things up, and accidentally
not ban you when they reconsider. They do make lots of mistakes,
so this is possible. I'm not sure what your legal situation would be
then though.

You have very little chance of getting around this legally. Ingo has
already advised you of the most likely one: find a lawyer who specializes
in this area of immigration law, and go through your history with him in
fine detail. It is possible that there might be some detail of your story,
one that seems unimportant to you, that might make a difference in law
and might mean that the ban is not automatic. This is unlikely, but is
probably your best bet.

Beyond that, you are on to very unlikely options. These include
- getting a law passed by Congress and the President to change the
law so that the ban doesn't apply (either to you specifically or to a
class of people in a similar position). Your family's congress person
would be the best place to start for this.
- get a Presidential pardon (if that can be done for cases like this -
I'm not sure). I guess you would go directly to the President for this.

The chance of any of these things coming out in your favour is very
small indeed. Your best bet is to work out how to manage without
entering the USA for the next 10 years. Your family could travel to
meet you (or even emigrate) to a country that you are all allowed to
enter, for example. You will have to find a job that doesn't require
you to go to the USA.
 
Old Dec 13th 2002, 5:28 am
  #3  
Chris Parker
Guest
 
Posts: n/a
Default Re: Anyone knows what to do on INS denial of waiver to a 10 year bar

    > The officer there put me on a 10 year bar to enter the US, end of
    > story. This law seems to be designed to seperate families and to treat
    > people like criminals even though they could stay INDEFINETELY no
    > matter if they get a Green Card or not. If that law is not designed
    > to exploit people then is designed to do what?

This bar is not indefinite; it is only for 10 years. There are other
bars in the law that are permanent. You are not one of them. What
this means is you must wait longer outside the U.S. than others
because you did not maintain lawful status the last time you were in
the U.S.

The law is Congress's solutions to immigration absconders. It is
voluntary deportation for unlawful presence in the U.S.
Unfortunately, you fit the class definition for these individuals.

Your only way around the bar is to show that you were not actually
unlawfully present for as long as was previously determined. If you
have such evidence, you may reapply for your visa and submit it to the
consular officer.

    > 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.

The denial is statutory. Even if your motion is granted, unless you
submit evidence that your separation is causing *extreme* hardship to
a U.S. citizen spouse or children (you have neither as I understand
it), the new decision must still be a denial. Sorry, blame Congress
for passing IIRIRA in 1996 and refusing to amend this over-harsh
penalty since then.

    > 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.
    >

The only ways you can get into the U.S. before the 10-year bar expires
is by approval of the waiver which has been denied, or with a
Humanitarian Advance Parole. At this point, if your family in the
U.S. has urgent humanitarian reason why you must enter the U.S.
(perhaps important has died, or you need serious medical treatment not
available in Canada, etc.), they should apply to INS headquarters in
Washington, DC for approval of an advance parole travel document for
you.

Humanitarian parole is not a visa, and will not provide you with work
authorization in the U.S., but if approved it will allow you to
lawfully enter the U.S. for a period of stay (nonpermanent). If you
overstay your parole, and you ever have any contact with the INS
(including possibly applying for adjustment of status), you could be
arrested without warrant for possible immediate removal to Canada
without a hearing and face a new ban of 5-10 years before you may
again seek a visa or entry.

For the other readers here, while entry with Humanitarian Parole is
legally the same as entry with an Advance Parole issued to an
adjustment applicant for temporary absense, special rules provide
those who entered with parole to resume an adjustment application the
right to a full hearing before an immigration judge and to renew the
adjustment application with the immigration judge. Those who enter
with Humanitarian Parole (or enter otherwise without inspection but
are intercepted by the Border Patrol and paroled following arrest
processing) do not have these special rights, and even if placed in a
full hearing before an immigration judge they may not apply to the
judge for adjustment rather than removal.


CP
 
Old Dec 13th 2002, 5:53 am
  #4  
Stuart Brook
Guest
 
Posts: n/a
Default Re: Anyone knows what to do on INS denial of waiver to a 10 year bar

Chris Parker wrote:
    >
    > > The officer there put me on a 10 year bar to enter the US, end of
    > > story. This law seems to be designed to seperate families and to treat
    > > people like criminals even though they could stay INDEFINETELY no
    > > matter if they get a Green Card or not. If that law is not designed
    > > to exploit people then is designed to do what?
    >
    > This bar is not indefinite; it is only for 10 years. There are other
    > bars in the law that are permanent. You are not one of them. What
    > this means is you must wait longer outside the U.S. than others
    > because you did not maintain lawful status the last time you were in
    > the U.S.
    >
    > The law is Congress's solutions to immigration absconders. It is
    > voluntary deportation for unlawful presence in the U.S.
    > Unfortunately, you fit the class definition for these individuals.
    >
    > Your only way around the bar is to show that you were not actually
    > unlawfully present for as long as was previously determined. If you
    > have such evidence, you may reapply for your visa and submit it to the
    > consular officer.
    >
    > > 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.
    >
    > The denial is statutory. Even if your motion is granted, unless you
    > submit evidence that your separation is causing *extreme* hardship to
    > a U.S. citizen spouse or children (you have neither as I understand
    > it), the new decision must still be a denial. Sorry, blame Congress
    > for passing IIRIRA in 1996 and refusing to amend this over-harsh
    > penalty since then.
    >
    > > 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.
    > >
    >
    > The only ways you can get into the U.S. before the 10-year bar expires
    > is by approval of the waiver which has been denied, or with a
    > Humanitarian Advance Parole. At this point, if your family in the
    > U.S. has urgent humanitarian reason why you must enter the U.S.
    > (perhaps important has died, or you need serious medical treatment not
    > available in Canada, etc.), they should apply to INS headquarters in
    > Washington, DC for approval of an advance parole travel document for
    > you.
    >
    > Humanitarian parole is not a visa, and will not provide you with work
    > authorization in the U.S., but if approved it will allow you to
    > lawfully enter the U.S. for a period of stay (nonpermanent). If you
    > overstay your parole, and you ever have any contact with the INS
    > (including possibly applying for adjustment of status), you could be
    > arrested without warrant for possible immediate removal to Canada
    > without a hearing and face a new ban of 5-10 years before you may
    > again seek a visa or entry.
    >
    > For the other readers here, while entry with Humanitarian Parole is
    > legally the same as entry with an Advance Parole issued to an
    > adjustment applicant for temporary absense, special rules provide
    > those who entered with parole to resume an adjustment application the
    > right to a full hearing before an immigration judge and to renew the
    > adjustment application with the immigration judge. Those who enter
    > with Humanitarian Parole (or enter otherwise without inspection but
    > are intercepted by the Border Patrol and paroled following arrest
    > processing) do not have these special rights, and even if placed in a
    > full hearing before an immigration judge they may not apply to the
    > judge for adjustment rather than removal.
    >
    > CP

Something tells me that your words may not reach Mr Strovilos.

I did a search out of interest through google, and it seems he bought
and had some problem with an old motor car and is blaming the
manufacturer for deficiencies in a 4 year old car. He seems to have a
history of trying to offload his mistakes onto others.

Mr Parker - are you a paralegal, lawyer, or immigration consultant ?
 
Old Dec 14th 2002, 2:41 am
  #5  
Chris Parker
Guest
 
Posts: n/a
Default Re: Anyone knows what to do on INS denial of waiver to a 10 year bar

    > Mr Parker - are you a paralegal, lawyer, or immigration consultant ?

No.

Upon this suggestion of yours, I am strongly considering withdrawing
from discussion group. Congratulations and good luck to all.


CP
 
Old Dec 14th 2002, 3:35 am
  #6  
Stuart Brook
Guest
 
Posts: n/a
Default Re: Anyone knows what to do on INS denial of waiver to a 10 year bar

Chris Parker wrote:
    >
    > > Mr Parker - are you a paralegal, lawyer, or immigration consultant ?
    >
    > No.
    >
    > Upon this suggestion of yours, I am strongly considering withdrawing
    > from discussion group. Congratulations and good luck to all.
    >
    > CP

What suggestion that you leave the discussion group ? Or the suggestion
that you're a lawyer or similar ? Just curious because you do an awful
lot of reading of the law and interpreting it ... mostly in ways that
seem contrary to the standard INS interpretations!

Stuart
 
Old Dec 14th 2002, 6:59 pm
  #7  
Strovilos
Guest
 
Posts: n/a
Default Re: Anyone knows what to do on INS denial of waiver to a 10 year bar

[email protected] (Chris Parker) wrote in message news:...
    > > Mr Parker - are you a paralegal, lawyer, or immigration consultant ?
    >
    > No.
    >
    > Upon this suggestion of yours, I am strongly considering withdrawing
    > from discussion group. Congratulations and good luck to all.
    >
    >
    > CP

Hi,

Please keep posting. I think everyone should post here to inform and
help.
I'll keep your explanation in mind. Indeed my situation is very
difficult, but I keep trying to find a solution here. Thanks a lot and
best regards.
 
Old Dec 16th 2002, 2:25 am
  #8  
Chris Parker
Guest
 
Posts: n/a
Default Re: Anyone knows what to do on INS denial of waiver to a 10 year bar

    > > > Mr Parker - are you a paralegal, lawyer, or immigration consultant ?

    > > No.
    > >
    > > Upon this suggestion of yours, I am strongly considering withdrawing
    > > from discussion group. Congratulations and good luck to all.

    > What suggestion that you leave the discussion group ? Or the suggestion
    > that you're a lawyer or similar ? Just curious because you do an awful
    > lot of reading of the law and interpreting it ... mostly in ways that
    > seem contrary to the standard INS interpretations!

My answer to your original question was "NO" as you can see above.

Rumors, general experiences and perceptions, and suggestions even from
INS itself that are without legal basis in the laws, regulations,
decision precedents, or actual experiences do not constitute "standard
INS interpretations."

My decision is to withdraw from this group at this time, as I do not
who you and other people are here, and I interpret your remark as a
suggestion/perception that I am somehow an immigration practitioner,
presumably pro bono, without a state license or authorization from the
INS or the BIA. This is improper, as none of my advice here has ever
been intended as legal advice for others, but rather an expression of
my own personal interpretation of the laws, regulations, and decision
precedents which I am aware of.


CP
 

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