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Can I Still Get A Green Card Through My Siblings After An Entry Ban Expires?

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by Laudawa, Nov 21, 2017.

  1. Laudawa

    Laudawa New Member

    No, actually, it would be genuine.
     
  2. SusieQQQ

    SusieQQQ Well-Known Member

    Really. So why didn't you start the thread with questions about your genuine relationship, rather than half a page of background and talking for the rest of it about sibling visas until you figured out that was going to take you too long and suddenly *poof* the subject of marriage to a friend (your word, not girlfriend, not fiance, but just friend) appears? Puh-lease.

    No-one here is able to help you with a fraudulent process, and I hope you realize that just a marriage certificate is not good enough for USCIS either. Good luck.
     
  3. Laudawa

    Laudawa New Member

    It's not fraudulent. We love each other. We know everything about each other and we plan on staying together, always.
     
  4. newacct

    newacct Well-Known Member

    I thought you said you didn't go back to Canada. If the overstay was on an entry as a visitor, instead of as a student, then the situation is different. In your case, there is the complication that you are a Canadian citizen, and Canadian citizens sometimes don't get I-94s when entering (usually when entering by land). Did you get an I-94 when you entered or not? This is very important as certain manuals (the USCIS manual) treat entries without I-94 as the same as "D/S", and thus you also don't automatically accrue "unlawful presence". But there were some old news reports that CBP does not interpret it that way; not sure how the Department of State (which runs the consulates) would treat it.

    If you have a 9B ban and need a waiver, you need to collect evidence that your spouse would suffer "extreme hardship", which is very hard to do.
     
  5. Sm1smom

    Sm1smom Super Moderator

    You’re basically looking for any means of getting back into the US, including getting into a sham marriage with one of the USC women you already know. We do not provide guidance to people on how to fraudulently obtain any form of immigration benefits.

    This Thread will be locked up and you may subsequently get banned from this forum if this continues.
     
  6. 1AurCitizen

    1AurCitizen Registered Users (C)

    Odd verbiage to be talking about a future spouse. Sounds like visa shopping..
     
  7. Laudawa

    Laudawa New Member

    I got an I-94 when I entered in 2003, then after three years I flunked out. That was 2006. I went back to Canada in 2006, turned in the I-94 (Stamped F1) to U.S. Customs at the airport and returned as a visitor to the States the same day.
     
  8. newacct

    newacct Well-Known Member

    I am talking about whether you got an I-94 when you entered as a visitor that second time.
     
  9. Laudawa

    Laudawa New Member

    No, I didn't. They just stamped the date of travel on my passport. And it says Class/Valid Until _______ empty line.

    My brother and sister have green cards. If one of them petitions for me now, can they still apply for their U.S. citizenship while my petition is in the waiting line for 15 years?
     
    Last edited: Nov 22, 2017
  10. Sm1smom

    Sm1smom Super Moderator

    Your brother or sister cannot submit a petition on your behalf now as GC holders. They can only start the process after they become USC.
     
  11. 1AurCitizen

    1AurCitizen Registered Users (C)

    And the wait is anywhere between 15-20 yrs from petition date.. assuming current immigration laws hold.
     
  12. Laudawa

    Laudawa New Member

    Do you have a link about the issue? Are they planning on stopping sibling based green cards?

    How long does it take to get your U.S. Citizenship after you apply?

    Do my siblings have to have valid Canadian passports along with their green cards in order to apply for their U.S. Citizenship?

    The following link states the following:

    You must prove that you can support your family, your relative and all other sponsored family members at 125% above the mandated poverty line.

    https://www.immihelp.com/greencard/familybasedimmigration/

    Does this apply to siblings too?

    If both my siblings and myself are wealthy, can I still get a green card through one of them?
     
  13. SusieQQQ

    SusieQQQ Well-Known Member

    If you’re wealthy then you should get a green card through the EB5 investment visa. It will be much faster.
     
  14. Laudawa

    Laudawa New Member

    We are not wealthy. I was just asking.

    If DHS gives me a waiver and allows me to visit my family in the States, how exactly does it work? Do I get just one visit in the next 10 years, or do things go back to normal and I can visit once every year the way I had been doing for the past 7 years since I moved back to Canada?
     
  15. SusieQQQ

    SusieQQQ Well-Known Member

    I see you're back to talking about siblings and forgot your wife-to-be now?
    I'm not sure if I'm getting this thread confused with another, but didn't someone explain how hard a waiver is to get? Anyway - from the little I understand there is no way you'd get a waiver just to go visit family - but I'm not the waiver expert.
     
  16. 1AurCitizen

    1AurCitizen Registered Users (C)

  17. Laudawa

    Laudawa New Member

    Okay, I get it now! I don't actually have a 10-year ban on entering the U.S. because I have been living and working in Canada for the past 7 years. I voluntarily returned to Canada in 2010, and that's why I will require a waiver until 2020. The CPB officer gave me credit for the past 7 years living and working in Canada (2010-2017), so that takes 7 years off my 10-year ban, and that's why I will require a waiver between 2017-2020 (that's 3 years). 3 + 7 = 10. I can either pay the $930.00 for the application to get a waiver to enter the States, or I can wait until 2020 to return to the U.S. as a visitor. Before this year I would go to the States once every year to be with my family for Christmas. Is Christmas still a reason to visit family in the U.S. in my case? Can I get a waiver for that before 2020?
     
  18. SusieQQQ

    SusieQQQ Well-Known Member

    Why don’t you pay the fee, file the form and let us know how it turns out?
     
  19. Laudawa

    Laudawa New Member

    They are asking me for all the years I lived in the U.S. for and my status on the waiver application.

    If I was in the States with my parents and grandparents for 11 years as a minor, will DHS hold that against me? I was a minor. It wasn't my fault.

    1978-1981 - My first 3 years in Canada
    1981-1986 - Lived in the U.S. - B2 Visa, but I don't know if the B2 lasted for the whole 5 years - I was a minor
    1986-1991 - Lived in Canada
    1991-1996 - Lived in the U.S. - B2 Visa, but I don't know if the B2 lasted for the whole 5 years - I was a minor
    August 1996 - Returned to Canada with mother and got an H4 Visa - I was still a minor
    1996-1998 - Lived in the U.S. - H4 Visa (expired on October 24, 1998) - I was a minor still, and then not a minor
    1998-2003 - Lived in U.S. - Expired H4 - No Status, but was permitted to go to College in the U.S.-Old Laws-Will this be held against me when I mention it to DHS on application?
    2003-2006 - Lived in U.S. - F1 Student Visa
    2006-2010 - Lived in U.S. - Parents and grandparents would not help me get a place in Canada - I had no money - family no longer owned any property in Canada - I am being punished for this!

    2010-2017 - Living and working in Canada
     
  20. SusieQQQ

    SusieQQQ Well-Known Member

    You need to answer truthfully, whether or not you were a minor and whether or not it will be held against you.

    A B2 stay is never longer than 6 months, regardless of the initial validity/expiry date of the visa, by the way. You can’t legally have stayed in the US for 5 years on a B2 visa.

    I’m amazed they continued granting you and your family visas after the history you have outlined above. Was there any misrepresentation on those non-immigrant visa applications?

    You are saying you’re being punished for not looking for a job in your own country where you were legally allowed to live, long after you ceased being a minor?
     

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