Denial of petition and travel

[netcoach]

My wife and I married in the US and applied for her immigration. She is from Canada. The process has been screwed up from the beginning because we got caught in Katrina. Documents were mailed to wrong addresses, etc. Last year we received a notice that she was denied because we missed the interview. We never received notice of the interview. We appealed but it was too late. Her mother is sick in Canada, and so she had to leave to see her. The question is if she will now be held up at the border if she tries to return. We are considering giving up on the process, and moving to Canada. But she needs to come back occasionally because we own property and a business in the US. Please advise. We have thought of her having just a visitors pass since we will not be in the US more than 3-4 months at a time.
Also, what would be the risk of her trying to return if stopped?

[PraetorianXI]

get a lawyer, start the process over.

[netcoach]

Wow! Great advice! I guess I'm wasting my time asking for advice in a forum. I should have just gone to a lawyer. Right? In fact, why have a forum at all. Just post a sign. Go to a lawyer!

Seriously. I need some direction and advice. I posted to get some feedback and ideas before I would go to a lawyer. Specifically I need to know
1) Will she be stopped at the border now that she's been denied? How long will that last?
2) What is she risking by trying to cross?
3) What would she need to do beforehand to be able to cross over for short time periods?

[elcupacabras]

Wow!! What a graceful and thankful post. You were given very clear and helpful advice by PraetorianXI. I know the whole process mess up wasnt your fault, but you now have to deal with it the best way you can, and that means, yes, getting a lawyer.
I could easily tell you the answers to your 3 questions, but with with you having such a bad attitude, I cant be bothered.

[TheRealCanadian]

Originally Posted by netcoach

Will she be stopped at the border now that she's been denied? How long will that last?

She's got a US citizen spouse, has filed for permanent residency before and has no residence in Canada. She's exceptionally unlikely to be admitted as a visitor.

What is she risking by trying to cross?

Getting sent back to Canada.

What would she need to do beforehand to be able to cross over for short time periods?

Establish Canadian residence, and potentially she could try to get a B visa stamp at the consulate. It's not strictly required, but if she can convince a consular officer of genuine non-immigrant intent that might help.

[netcoach]

Thank you "Real Canadian".

As far as the others. I have dealt with plenty of lawyers since Katrina. And they have been very helpful. I have been on this forum before with questions and received much appreciated advice. To tell someone on this forum to "go get a lawyer" is not "clear and helpful" advice in my opinion. If my response was too sarcastic, I apologize to the lawyer involved. But advice here is often the starting point to organizing a plan of action, involving lawyers, immigration officials, petitions, etc. This allows the asker to be better prepared in a susequent conversation with the lawyer. An informed client I feel is a better client.

[PraetorianXI]

Originally Posted by netcoach

I have been on this forum before with questions and received much appreciated advice.

With a total post count of 3, I somehow doubt that.

Originally Posted by netcoach

To tell someone on this forum to "go get a lawyer" is not "clear and helpful" advice in my opinion.

Sometimes, the best thing for some people to do is to get a lawyer, and start over. I think that would be the best for you, that or take up residency in Canada. Either way, you got what you paid for.

[netcoach]

I had to sign up again with a new name since I had not posted in awhile and forgot my previous info. But, I have not been on very often as I previously received plenty of informed responses.
However, if your professional advice is as good as your forum advice, I'm certainly glad that "I" did not pay for it.

[jnj]

speak to your congressman,,,they can be very helpful...

[PraetorianXI]

Originally Posted by netcoach

I had to sign up again with a new name since I had not posted in awhile and forgot my previous info. But, I have not been on very often as I previously received plenty of informed responses.
However, if your professional advice is as good as your forum advice, I'm certainly glad that "I" did not pay for it.

Nobody here is a lawyer. I gave you what I thought was the best advice for your well messed up case. If you didn't like it, I am sorry.

Coming here for advice, as if you deserve it and it is our job to provide what you want to hear, is not going to get you far more help than what you gotten until now. Nobody likes helping arrogant people.

[dakazn]

Originally Posted by PraetorianXI

Nobody here is a lawyer. I gave you what I thought was the best advice for your well messed up case. If you didn't like it, I am sorry.

Coming here for advice, as if you deserve it and it is our job to provide what you want to hear, is not going to get you far more help than what you gotten until now. Nobody likes helping arrogant people.

Totally agreed with you. Everybody has information here based on how well they read and interpret these immigration forms.Secondly while in group discussion make us aware of the process and how things are working. The big advantage is we can seek first hand information to compare our cases. But when situation is complicated then one need lawyer, who has specialization and 1000 timemore understanding of all the loop holes. S there is nothing personal over here, everybody tries to give best advise having what experience and backgrund information.
I really appreciate Praetorian efforts and time he spend on this forum. Believe me I tried to follow all of his comments even posted for different people and really like them as they are most simple ad realistic. Other people like
TripleCitizen, Austriacus, Eleanor, Therealcandian, Maggyban are valuable assets of this forum.
I really respect and appreciate there contributions

[austriacus]

Thanks dakazn!

I'd like to add a question, is there a chance that netcoach's wife will be subject to a 3/10 year bar for the time she spent in the US after her I-485 was denied (was it more than 180 days? did she have a valid nonimmigrant status? is it considered "unlawful presence" even if she appeals the denial)? I believe there's also a provision that if someone departs voluntarily during deportation proceedings, the 3/10 year bar does not apply. Not sure if this is applicable here.

[VivaLasVegas]

Isn't removal a ban for life? or just a 10 year ban? A voluntary departure might still subject a person to a ban depending on how long were they out of status!. I could be wrong on this.