help!

subangelone
New Member



Joined: 08 Aug 2008
Posts: 5

Posted: Fri Aug 08, 2008 8:04 am

 

---

Well I have read a lot of what everyone has to say and to me it is all good advice but most of it I am not sure applies to my situation so I will just spill it and hope someone might have the answers I need.
I am a Canadian citizen but have been living in the USA for the past 9 years. I originally came here because I was offered a job with my 2 kids and the company I was hired by at the time said they would do all the necessary forms to have me work for them. Once I arrived They changed their minds so I was out of a job and basically had no money through friends here I found someone who was willing to hire me (under the table ) and worked for them for 5 years going back and forth to Canada to visit even sending my kids back and forth to visit with no mishaps.I met someone here and we have been living together for the past 5 years and now plan to marry. My daughter who just turned 18 returned to Canada for a visit on her way back to the States she was stopped at customs and held for over 4 hours and questioned and then told she was not allowed to enter the states and told her passport was flagged. She was told if she attempted to enter the states she would be arrested and go to jail. We are at a loss at what to do now. How to get her here. and what steps to take in order to fix this. Any advice would be helpful. Do we get an immigration lawyer? or is there another way to handle this. I have a great life here and wish not to change it if i do not have to.

Thanks
J

---

flames9
Senior Member



Joined: 08 Mar 2007
Posts: 113
Location: Falls Church VA

Posted: Fri Aug 08, 2008 2:36 pm

 

---

I'm pretty sure any advice your going to get is to find a very good immigration lawyer!

---

voyager6868
CanuckAbroad Regular



Joined: 13 Apr 2008
Posts: 57
Location: Waterloo

Posted: Fri Aug 08, 2008 11:56 pm

 

---

Yes, I think you really need a lawyer on this one. I know you can get a green card through marriage, even if you have overstayed, but not sure if you can if you have worked illegally.

If your daughter is desperate to come back to the US, there's a remote possibility she could enter using her birth certificate and driver's license (assuming land border). It might be more of a risk than you're willing to take.

Second option is for her to fly out of a Cdn airport that has pre-inspection. In such a situation, she has to use a passport, but she can't be arrested simply for trying to enter the US. (Note, though, that if she lies to the US officers during questioning at the airport, the US officers can request for Cdn authorities to arrest her on that basis)

I'm certainly not strongly suggesting either of those options above, but you may want to ask a lawyer about them. I'm not sure if a customs officer's statement that she should not try to enter the US again holds any legal weight.

Again, since the risks seem somewhat high in this case, lawyer is the best bet. And in the meantime, I would suggest not leaving the US, as you may not get back in. Continuing to work is illegal, so I can't recommend that, but Canadians are only considered to have overstayed once a judge has ruled on the matter, so technically you can continue to stay in the US (as a tourist) without breaking any laws.

---

Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1451
Location: North Carolina

Posted: Sat Aug 09, 2008 6:13 am

 

---

seriously, one post would have been more than enough to get teh answer you need. Which is hire a lawyer.

A US CBP officer cetainly can arrest someone who has previously been told not to try to enter the country. Her name is flagged in the system, and any furhter attempt she makes to try to enter the US could result in a life-time ban. I would not even remotely suggest it.

Speak to a lawyer.
_________________
I miss Shreddies!

Are you in the US or Canada? Want to make some extra money? Check out My Watkins website for some awesom products and business opportunity.

---

Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1589
Location: Calgary

Posted: Sun Aug 10, 2008 8:38 pm

 

---

I think a lawyer is going to suggest the cheapest way is to leave and apply for a K-1 visa, then all your kids can enter as dependents. You can certainly try fighting it in court, etc. but even if you do that you might lose and it will still cost you a lot of money. Simpler to leave, apply for a K-1 visa, and use the money you save on rent for seven months or so while you wait for the application to be approved or alternatively you can come back and visit while you wait for approval.

Getting a court date will take forever and first of all you'd have to establish what you were actually filing for.

You'd still need to see an immigration lawyer though as your interview is going to be very interesting at the consulate, plus the IRS I suspect will absolutely hammer you if you were working under the table and not paying taxes. LPR status requires you to pay back taxes (how they find out is an interesting question but that's what the regs say).
_________________
Steve.

---

Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1451
Location: North Carolina

Posted: Mon Aug 11, 2008 3:11 am

 

---

if they leave to apply for K1 and derivative K2s, they likely would not be allowed re-entry even for short visits, due to their illegal overstays. And a waiver would likely be required along with the K visa applications, which would take well over a year for all to complete.

Either way you decide to go about it, there is no guarantee whatsoever that you and your family will be allowed to remain in the US legally.
_________________
I miss Shreddies!

Are you in the US or Canada? Want to make some extra money? Check out My Watkins website for some awesom products and business opportunity.

---

Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1589
Location: Calgary

Posted: Mon Aug 11, 2008 9:12 am

 

---

Or get married, leave and he does the I-130 which would be quicker. Depends on what USCIS have put into the computer. They might just be suspicious, so it may not come up at the interview, but either way, talk to a lawyer in case it does.
_________________
Steve.

---

Reba
Moderator


Canuck in NC

Joined: 16 Jul 2004
Posts: 1451
Location: North Carolina

Posted: Tue Aug 12, 2008 4:25 am

 

---

K1 is processing faster than any spouse visa.

If they omitt information from their DS application forms, it would make them immediately inadmissable and banned for life. I wouldn't recommend it, as she'd have to declare several years of no Canadia job history as having lived in the US.

There's really no painless way around this.
_________________
I miss Shreddies!

Are you in the US or Canada? Want to make some extra money? Check out My Watkins website for some awesom products and business opportunity.

---