Procedure for Re-entry to the US after 10 year bar
Dec 10th 2008, 3:51 pm
#16
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Joined: Mar 2004
Posts: 2
Re: Procedure for Re-entry to the US after 10 year bar
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
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
Last edited by scrubbedexpat099; Dec 10th 2008 at 4:05 pm.
Dec 10th 2008, 4:02 pm
#17
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Joined: Sep 2002
Posts: 16,266
Re: Procedure for Re-entry to the US after 10 year bar
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
Check this out for more information:
http://www.shusterman.com/aug06.html#4
Beg to disagree. Carl happens to be correct and you are wrong. So, you apparently think that two experienced immigration lawyers who are both California Certified Specialists are wrong.
It would help if you would give a citation as to why you disagree with Carl.
Dec 10th 2008, 4:05 pm
#18
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Joined: Sep 2002
Posts: 16,266
Re: Procedure for Re-entry to the US after 10 year bar
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
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
I hope you saved your paperwork.
It appears that you had an approved I-130 visa petition. That petition is still valid.
However, the procedure for getting the case started again can be a tad tricky. You might also want to do a new I-130 as an alternative track.
Dec 10th 2008, 4:06 pm
#19
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Joined: Sep 2002
Posts: 16,266
Re: Procedure for Re-entry to the US after 10 year bar
Carl was right. [BTW, Carl is a good friend -- we knew each other as children. Small world].
Dec 10th 2008, 4:52 pm
#23
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Posts: 16,266
Re: Procedure for Re-entry to the US after 10 year bar
Dec 10th 2008, 4:58 pm
#24
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Posts: 2
Re: Procedure for Re-entry to the US after 10 year bar
Dec 10th 2008, 5:51 pm
#25
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Posts: 16,266
Re: Procedure for Re-entry to the US after 10 year bar
As a general rule, Canadians cannot obtain nonimmigrant visas [other than the exceptions noted above]. Essentially what happens is that Canadians are considered to already have visas in their passports and the whole process takes place at the POE [or PFI in Canada].
In the case of complicated applications, usually under NAFTA, the practice is to seek pre-clearance at the appropriate PFI or land POE.
Note -- this is not the same as the VWP.
Dec 11th 2008, 12:39 am
#26
Passport Collector
Joined: Jan 2007
Location: Princeton, NJ
Posts: 725
Re: Procedure for Re-entry to the US after 10 year bar
Did I imply that Carl or you are wrong? I merely quoted Carl, as according to him, there are at least some instances in which the bar can be avoided with voluntary departure. (http://www.shusterman.com/aug06.html#4) My post was meant to be in line with Carl's argument.
I hadn't realized though that only the 3 year bar can be avoided with voluntary departure, not the 10 year bar, a really interesting quirk of the law.
I hadn't realized though that only the 3 year bar can be avoided with voluntary departure, not the 10 year bar, a really interesting quirk of the law.
Hi:
Beg to disagree. Carl happens to be correct and you are wrong. So, you apparently think that two experienced immigration lawyers who are both California Certified Specialists are wrong.
It would help if you would give a citation as to why you disagree with Carl.
Beg to disagree. Carl happens to be correct and you are wrong. So, you apparently think that two experienced immigration lawyers who are both California Certified Specialists are wrong.
It would help if you would give a citation as to why you disagree with Carl.
Last edited by dreamercon; Dec 11th 2008 at 12:59 am.
Dec 10th 2009, 10:24 pm
#28
Just Joined
Thread Starter
Joined: Dec 2008
Posts: 10
Re: Procedure for Re-entry to the US after 10 year bar
Hi Folks,
I just want to update of the above issue and also i have a question. I applied for IR1 Immigrant visa after waiting for the 10 year bar to complete. I went for the interview at the embassy just to get turned down again. This time nothing to do with 10 year bar because they said they have already cleared my name from the system. So if I want to go to USA for a visit I can do so but I have to check with the Port of Entry. They wanted a police report from my country origin then, which i did not obtained. I only obtained canadian police report. So that was on my part. And as for my husband who is American Citizen, they want him to have a US domicile which is a rental agreement we had obtained. Since the Rental agreement was in my husband name and my sister's name so they dont want that. They want the rental agreement on my husband name only. They want US driver's licence and a job offer. We had a job search which we were about to get. They dont want that either.
They the embassy literally want my husband to leave Canada and get a job in USA. Now my husband already got a job offer and will be starting next month. Can i go with him to USA next month to find a apartment and make all arrangement and come back to Canada. I heard that when your file is still pending the officer at the Port Of Entry can turn you down. Can somebody advise me.
Thanks a bunch
Shaloma
I just want to update of the above issue and also i have a question. I applied for IR1 Immigrant visa after waiting for the 10 year bar to complete. I went for the interview at the embassy just to get turned down again. This time nothing to do with 10 year bar because they said they have already cleared my name from the system. So if I want to go to USA for a visit I can do so but I have to check with the Port of Entry. They wanted a police report from my country origin then, which i did not obtained. I only obtained canadian police report. So that was on my part. And as for my husband who is American Citizen, they want him to have a US domicile which is a rental agreement we had obtained. Since the Rental agreement was in my husband name and my sister's name so they dont want that. They want the rental agreement on my husband name only. They want US driver's licence and a job offer. We had a job search which we were about to get. They dont want that either.
They the embassy literally want my husband to leave Canada and get a job in USA. Now my husband already got a job offer and will be starting next month. Can i go with him to USA next month to find a apartment and make all arrangement and come back to Canada. I heard that when your file is still pending the officer at the Port Of Entry can turn you down. Can somebody advise me.
Thanks a bunch
Shaloma
Dec 10th 2009, 10:43 pm
#29
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Procedure for Re-entry to the US after 10 year bar
I heard that when your file is still pending the officer at the Port Of Entry can turn you down.
Ian
Dec 11th 2009, 1:35 am
#30
Just Joined
Thread Starter
Joined: Dec 2008
Posts: 10
Re: Procedure for Re-entry to the US after 10 year bar
Yes, the ban is over last year. Everything is cleared.
