shaloma

Hi Folks,
I came to US in 1994 to visit my sister and overstayed in my visitor's visa. I got married in 1997 to my husband a LPR then. On 1998 I was apprehended for overstaying in my visitor's visa and went before the judge and took a volunteer departure and left back to my country on December 31, 1998. In 1999 my husband became a US citizen and applied for me to return to US and I was denied at the american embassy. I submitted a waiver i 601 and got rejected. Again I appealed and it was turned down. So we moved back to Canada in 2001 since then we are here. I am a canadian citizen now. The 10 year bar will expire on December 31, 2008. Can anyone tell me what is the procedure to go back into the US.

Any input will be appreciated.


Thank you
Shaloma

fatbrit

By go back, do you mean visit the US or move to the US?

shaloma

Move back to the US. My husband is a US citizen.

fatbrit

I'd suggest it's a job for a lawyer given that you have had complications. The procedure is most probably an IR1 immigrant visa.

dreamercon

Not sure what you mean by saying "volunteer departure", but if you took voluntary departure granted by an immigration judge, then the 10 year ban did not apply at all for you.

Check this out for more information:
http://www.shusterman.com/aug06.html#4

shaloma

yes I overstayed more than 1 year. And that's why I was given a bar 3 to 10 years.

fatbrit

I think the three or four year overstay might have been the reason for the ban!

shaloma

Just forgot to mention I husband did speak with Carl shusterman in 1998 before my departure from US. He said I have to leave. I totally agree with the 10 year bar shouldn't have applied to me coz I left the country on my own expense.

shaloma

Sorry typo error it's voluntary departure.

fatbrit

Have a good read of post #11 in this thread: http://britishexpats.com/forum/showthread.php?t=577693

It may apply to your case.

scrubbedexpat099

The bar has been served, well it will be soon, so not sure what the issue is.

I seem to remember that you need to check in with VD. So they know you left.

Noorah101

Once the 10-year ban is over, the method for moving to the USA would be the normal Immigrant Visa route (your husband files an I-130). Make sure you have proof that you remained outside the USA all 10 years.

Rene

shaloma

Hi Folks,
Thank you so much for the valuable information. As someone mentioned in this forum that I have to inform VD in which i think voluntary depature. Yes they know that I left the country coz they gave a letter. In this letter from vd it says once I arrive back to Malaysia I will have to send them back the letter with the copy of my passport that has been stamped also copy of the flight ticket and a copy of boarding pass to my lawyer. She then forwarded to VD. When I submitted waiver i-601 it got rejected coz to them it is not an extreme hardship case. My case only overstayed. Inspite of i-130 approved couldn't get adjusted from within coz i was out of status and my husband was only a permanent resident then. Now then i am canada since 2001 with my US citizen spouse, would there be a problem since he too out of the country. Does he have to go back to US first then apply for Visa for me to go back. Can we go to the US order to apply for re-entry back to the US.

Thanks
shaloma

shaloma

Can we go to the US border to get a re-entry visa or visitor's visa to US.

Noorah101

If your USC husband has been living in Canada on a permanent basis for 6 months or more, he can file an I-130 directly to the appropriate embassy there in Canada. That process is called Direct Consular Filing (DCF) on this forum, and you can find some other posts regarding the process to see what you need to do.

If your ban is finished, I don't see why you can't come to the USA as a visitor as every other Canadian citizen can.

Rene