10 years Ban..why .???

E

EOS

New Member
I'm Canadian Citizen
For a last 2 years i was cross the US border with no problem ..
On my road back (i was stay in the traffic line to Canadian border) on US side
the emigration officer come to my car and ask about documents
I give to him my Canadian passport ..
After 5 minutes he back and pull me over
He found i was in US for some time (the time i was on tourist visa issued in Poland)
The visa was multiple from 1998 to 2003..
I never pass the 6 months visa issued by emigration officer on JFK until the 2003 .
The time i pass the 6 months - overstayed my tourist visa by 7 months
2004 February i entry Canada..
The officer said to me they do not have any record when i entry US.
and He give me a 10 years BAR to 2014
Then i find this is wrong..
I should be ban for a 3 years

How can i fix the misunderstanding.??

Thank you for any answer
 
Last edited by a moderator:
Are you saying that as a Polish national you overstayed your tourist visa by 7 months ? or more ?
 
I understand
But how did it happen that they had no record of my entry into the U.S.?
 
I entered USA in 2000 on a student (F1) visa. The I-94 on my passport says F1 D/S. I stayed in school till 2002 after which i dropped out of school. No one from school or any immigration representatives from US contacted me. I was never caught or have any criminal or any other kind of offense. I stayed in the US till 2008. My student visa was approved from Aug 2000 to Aug 2005. I had paid taxes while I was in school till 2002 but after that since I did not go to school I did not file any taxes.

After that I married my wife ( who was on green card since 2005) in 2007. She has an excellent career (nurse) and a great job in US. Meanwhile I moved (left voluntarily) to Canada and became a permanent resident here in Canada since 2008. My wife is eligible to become a USC next month. It has been really hard for us to stay apart. She has been staying in US while I have been in Canada. I am about to complete my MBA here in Canada in few months. I want to go back to US and live with my wife there. She has traveled to Canada to visit me only thrice since we started living apart.

My question is that I learnt from here and other websites that if an Immigration Judge or any other US govt officials never contacted me or was ordered removal from the country. Am I still subjected to 10 yr ban. Is there a chance that I will be waived I 601 (hardship for USC). What are my chances for approval?

Please guide..........and help

Thank you
 
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