Anyone can help me?

S

Sergei A.

New Member
Hello,
I got into a difficult situation with INS and need help and advice. I would highly appreciate your courtesy if you\'ll find a couple of minutes for me.
I have arrived into US in September 1998 with one-year business visa B-1. In February 1999 I\'d went to Canada and I have been staying where till January 2001, working with legal work permit.
In January 2001 I signed a contract with US employer and they started H1B process for me. While getting back from Canada to the US in January 17 2001, I was told at INS post that I had to visit INS office on April 23d, 2001. At that time I didn\'t have valid US visa.
On April 23d I came to INS office and they issued a lawsuit against me. I was prosecuted in violation of US immigration law according to that I should be considered an illegal immigrant who stayed in the US for more than 2 years with expired visa, in spite of my Canadian residence. They took away my passport.
So, I dare to ask several questions:
1. Is that really true that above mentioned law exists?
2. Then and how could I get my passport back?
3. What is the worst-case scenario for me?
4. How much will it cost to get professional lawyer assistance during a sitting of the court?
Please help me.
Thanks in advance.
 
No Title

I don\'t know if this is legal, but, the worst senario is that they will find you guilty and deport you, and ban you from entering teh USA for 10 years based to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, whatever the US immigration think about you will not affect your status in Canada if you are planning to stay in Canada, the legal fees vary greatly depends on the lawyer and teh area, they mostly charge by the hour, but, for example, in New Hampshire, you can get a reasonable lawyer for $150 per hour, when they review your case, manytimes they give you a flat rate, but, in general, expect to pay about 3000 dollars, in my opinion, if you have that amount of money, you should go for it, you will make that money very easily once you start working here.
Good luck, let us hear from you.
 
No Title

Thank you very much for your advice.
I understood about I can get my passport if I plead for voluntary departure and return back in Canada before a hearing. I think I can stay in US legally some times (because I have I-94 form) and wait for H1-B.
 
No Title

Good luck, don\'t give up for those bastards (INS), even if you don\'t wanna stay in teh US, prove them wrong, it is the irony of life that those high school drop outs who couldn\'t go to college because they are stupid, can now control our lives. we, the professionals!!
 
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