Complicated situation: need help!

[polsum]

Hi,

I and my wife currently live in US. I am on H1 visa working. Due to a very complicated past situations, my wife has landed in a problem and has been out of status for <6 mths, but >1 yr. She was on F1 status and tried for H4 and got rejected. Our lawyer told us that there is no other alternative for her but to go back to india to avoid 10 yr ban. Obviously, she will be in 3 yr ban if she goes back.

Now, we are planning to immigrate to canada. I am planning to get either permanent residency or work visa and want to bring my wife on dependent status to canada. My questions:

1] Does the 3 yr ban for US effect the dependent or any other visa processing for my wife to canada?

2]Once we become permanent immigrants of canada and if we want to comeback to US, can we come within 3 yrs? I mean does that ban apply even if she tries to enter US from canada, within 3 yrs?

Please give me your valuable advise.

Thanks in advance!

 

[bigboy00]

Hi,

I and my wife currently live in US. I am on H1 visa working. Due to a very complicated past situations, my wife has landed in a problem and has been out of status for <6 mths, but >1 yr. She was on F1 status and tried for H4 and got rejected. Our lawyer told us that there is no other alternative for her but to go back to india to avoid 10 yr ban. Obviously, she will be in 3 yr ban if she goes back.

Now, we are planning to immigrate to canada. I am planning to get either permanent residency or work visa and want to bring my wife on dependent status to canada. My questions:

1] Does the 3 yr ban for US effect the dependent or any other visa processing for my wife to canada?

-- No. The ban is only to enter US.

2]Once we become permanent immigrants of canada and if we want to comeback to US, can we come within 3 yrs? I mean does that ban apply even if she tries to enter US from canada, within 3 yrs?

-- That ban applies irrespective of your port of entry, whether through Canada or from some place else. The ban remains in effect.

 

[polsum]

-- No. The ban is only to enter US.



-- That ban applies irrespective of your port of entry, whether through Canada or from some place else. The ban remains in effect.

Thanks a lot Bigboy00, i really appreciate your response.On the same lines i have few more questions.

1] Can my wife apply for 212(d)(3) waiver which is a non-immigrant visa waiver to re-enter US after she goes to India? If yes,

2]Once she gets here and in the future if i get citizenship of US, can she become a permanent resident or immigrant? I know the waiver is for non-immigration purposes, but if i get citizenship, will she be able to get immigrant status?

Please advise me,

thanks in advance.