I need help and advice

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\'ve only just seen this, so sorry if it\'s late advice. It sounds to me (and I\'m no lawyer) as if the INS have got it wrong (again?).

Presumably you can prove that you were resident in Canada for that period? Did you pay Canadian or US taxes during that period? Did you visit the US during that period?

I think that you need a lawyer. Some will give some free advice over the phone, others will give a 30 minute phone consultation for a couple of hundred dollars. In either case, they will tell you what a court appearance would cost you, or they may give you enough help to prepare your own case.

If you would like to email me privately, I could recommend a lawyer with particular expertise in getting the INS to recognise that it has made a mistake before it even comes to court.

Good luck,

John
 
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