Can you leave usa and return to get married or should you overstay despite??

[jnj]

If a CAnadian has overstayed in usa by a few yrs and is in the process of getting married to a usc but needs to get their expired canadian passport/dl and birthcertificate should they go back to canada to get the paperwork or will they be refused re entry?
No paper work or marriage license has been filed yet.So is it wise to return to canada before filing any paperwork or getting married and then return as a visitor?

Do you need non expired id to complete the process?

 

[wik]

If a CAnadian has overstayed in usa by a few yrs and is in the process of getting married to a usc but needs to get their expired canadian passport/dl and birthcertificate should they go back to canada to get the paperwork or will they be refused re entry?
No paper work or marriage license has been filed yet.So is it wise to return to canada before filing any paperwork or getting married and then return as a visitor?

Do you need non expired id to complete the process?

You should consult a competent immigration attorney immediately. A several-year overstay subjects the person to 10 year ban on re-entering the USA. Canadians have no special privilege with permanent residency applications. Applying for permanent residency status will reveal the persons (lack of) status in the USA, as the application requires full biographic disclosure, and non-expired identification is required at various stages of the process. There is strong possibility of being refused re-entry if the original entry was captured by the system and there is no record of departure.

 

[jnj]

"Applying for permanent residency status will reveal the persons (lack of) status in the USA, as the application requires full biographic disclosure"

What is the biographic disclosure?
Is this part of the interview and do they ask how long you have been here?
If you tell them that you have overstayed by several yrs will they just kick you out-conversely if you dont reveal that or deny it ,they will find out anyway and kick you out for lying also,no?Seems like a lose-lose!

Do they look at your bank records in the usa and determine something from that as well?What about ticket for jay walking?

 

[GotPR?]

Is this part of the interview and do they ask how long you have been here?
If you tell them that you have overstayed by several yrs will they just kick you out-conversely if you dont reveal that or deny it ,they will find out anyway and kick you out for lying also,no?Seems like a lose-lose!
?

It looks to me nothing is wrong with lose-lose, as you're overstayinng and breaking law knowingly.

By marrying to the US citizen, you can do AOS.
You must disclose your overstay in I-485. If you did not and they found it, you'll never be able to step inside the US for your life time.

 

[tammy2]

If a CAnadian has overstayed in usa by a few yrs and is in the process of getting married to a usc but needs to get their expired canadian passport/dl and birthcertificate should they go back to canada to get the paperwork or will they be refused re entry?
No paper work or marriage license has been filed yet.So is it wise to return to canada before filing any paperwork or getting married and then return as a visitor?

Do you need non expired id to complete the process?

You should not go out. Get All the paper work done from here. You will be subjected 3/10 year bar automatically.

 

[jnj]

"You should not go out. Get All the paper work done from here. You will be subjected 3/10 year bar automatically"

How would they be barred automatically?
I'm not trying to be pushy but if they were to return to usa by car instead of plane how exactly would they know the status?Especially if the person has been in the usa since before 9-11?

Another question is what exactly do they ask on the I-485?
It seems like part of it is a confessional and that they cross check everything just to see if you have omitted,misled,lied etc in which case they reject you anyway?

BTW,The canadian consulate has said they wont do passports outside of canada...IE no internet

Lastly,id like to thank everybody here for their answers and help.Thanks.

 

[TheRealCanadian]

How would they be barred automatically?

Because the law says so. It's a non-discretionary, non-waivable bar to re-entry.

I'm not trying to be pushy but if they were to return to usa by car instead of plane how exactly would they know the status?Especially if the person has been in the usa since before 9-11?

It depends. Entrances at land borders were certainly checked and tracked pre-9/11, just with less intensity. The big question is if an I-94 was ever issued. If it was, then illegal presence has accrued and the entrance HAS BEEN tracked. If no I-94 was issued, then no illegal presence was accrued and no re-entry bars apply.

As with anything where the 3/10-year bars may apply, always always always consult with an attorney.

 

[jnj]

What is an I 94?
No forms were issued at the border crossing but they did inspect the car thoroughly in a seperate inspection area-overkill,overkill,overkill.

 

[TheRealCanadian]

You will have to show your address and job history for the last five years. It would cause you to lie on it because if you told the truth and showed US addresses and you had overstayed and then re-entered then you were automatically subject to the bars.

Strictly speaking, this is incorrect. If someone is not issued an I-94, they are incapable of accumulating illegal presence. I could enter as an undocumented Canadian B-1/B-2 without an I-94 and overstay for 30 years and still not be subject to the re-entry bars. This is a loophole in the law I am surprised has not been closed.

At the same time, I would still not leave the US if I was the original poster, because I doubt they have a legitimate basis to be readmitted as a visitor.

 

[jnj]

Thanks very much for all your detailed answers.

I am taking this all very seriously.I was about to book a flight back but will reconsider now.
What i dont understand is if you were in the usa for many years then leave for a short time and then return and get married that the immigration would excuse your multi year overstay but deny you for leaving and returning.It doesnt have much logic behind it?

I havent been making much or filing tax returns because the amount has been negligible.I havent worked with bogus papers.I have had credit cards here because they use to spam me with applications all the time so i obliged them.I have no debt and havent used them in a while.

Is there any way of finding out what the questions on the i485 are?

 

[TheRealCanadian]

What i dont understand is if you were in the usa for many years then leave for a short time and then return and get married that the immigration would excuse your multi year overstay but deny you for leaving and returning.

The INA is perfectly logical. It states that after you have overstayed for over a year, you cannot be admitted into the US as a non-immigrant for 10 years.

Your problem is that even though you might not be subject to the re-entry bar, you have no basis to be admitted to the US in any case. You're not a visitor, you have no foreign residence, you intend to stay permanently and you've already shown a clear propensity to violate immigration law. What will you tell the border guard?

While he might not be able to bar you for ten years, if the truth came out he might slap you into expedited removal and bar you for five.

 

[jnj]

"What will you tell the border guard?"

Do you mean when returning to the usa?
Will this be entered at the border and then can be retrieved by the immigration at the interview?

"Your problem is that even though you might not be subject to the re-entry bar, you have no basis to be admitted to the US in any case. You're not a visitor, you have no foreign residence, you intend to stay permanently and you've already shown a clear propensity to violate immigration law"

Yes.And technically i understand all this but on the other hand there have been vast amounts of people in my situation who lived here without papers for 20 years+ and became legal once they got married.How has this happenned if the law is so particular?
I hardly think that people who got married to upgrade their status came here fell in love and got married within a year or whatever legal time limit was on their visa?

 

[TheRealCanadian]

Will this be entered at the border and then can be retrieved by the immigration at the interview?

Perhaps. Or you might get caught in a lie at the border, and permanently barred from re-entry. If you want to lie, you play a dangerous game.

Yes.And technically i understand all this but on the other hand there have been vast amounts of people in my situation who lived here without papers for 20 years+ and became legal once they got married.How has this happenned if the law is so particular?

They didn't leave the country until the process was complete.

 

[wik]

What is the biographic disclosure?

Form G-325A, "Biographic Information" which must be filled in along with all the other I-485 family-based application forms: I-485, I-130, I-864 and I-693. Go here, download the forms and read them. Google can be your friend:

http://www.uscis.gov/graphics/formsfee/forms/i-485.htm#fba

Amongst other things, form G-325A requires you to provide detailed information on your places of residence and places of employment for the past five years. This is where the problem occurs: if you answer truthfully (lying to USCIS is a VERY poor idea), then you will demonstrate that you were in the USA without status. This is notwithstanding TheRealCanadians assertion that in the absence of an I-94 you cannot accrue illegal presence - that is a loophole I was not aware of, and if so, one best exploited on your behalf by a competent immigration attorney as I stated in my first reply.

 

[jnj]

thanks for the form links...I saw the 325 form but no I485...
i will look around...seems there is a i485 with a 1000$ penalty fee for people who have overstayed?

 

[TheRealCanadian]

i will look around...seems there is a i485 with a 1000$ penalty fee for people who have overstayed?

That is 245i, which you are not eligible for. If you are marrying a US citizen, you do not need to pay any penalty fee anyways. Seriously, see an attorney. Your case has enough potential complications and fatal pitfalls (and your knowledge of the system is weak) that an attorney is an excellent investment.

 

[wik]

The guarantor can be a U.S. notory

A US notary CANNOT be a guarantor for a Canadian Passport application. The list is quite specific and includes doctors, dentists, judges, etc. and they must have known you personally for several years. In lieu of a guarantor, you can swear in front of a Canadian Consular official. I have renewed my Canadian Passport three times from the USA, the latest being about six months ago.

 

[wik]

Wrong!!!!

If you are a Canadian Citizen in USA and the guarantor is someone in USA it can be a notary. Form is very specific about it. Make sure you look at the correct form. (Canadian citizen living in USA).

I have done it twice. Second time, I lost my passport and was in a bit of an emergency situation. It was going to be tough for me to go to canada and get a guarantor. It was going to take too long if I mailed to Hull.

I called Hull and they told me that I can use the form for Canadians living in USA (guarantor being a us notary); bring it upto Canada and hand it in. The Passport office in Canada accepted it and issued it to me in 2 days.(note: they did call the notory in USA to verify they knew me). Notary was a person at one of thos shipping/mailbox places.

I stand corrected. I would have liked to have used a notary, but the condition that they must have known you personally for 2 years meant I couldn't walk in off the street to a notary and get them to do it. Did they allow you to forego the fact that the notary had not known you for two years? Or did you have one that did know you (beyond the walk-in)?

 

[wik]

Is there any way of finding out what the questions on the i485 are?

Visit uscis.gov and look for the form. It's a downloadable PDF and it's self-explanatory.