Please help - canadian - split from love - can i overturn ban?

H

habcommander

New Member
Hello,

This is my first post. I am really hoping some of you can help, you are all very knowledgable.

I was living in NYC as a student for almost 2 years and fell in deep love with a another student who is form Japan but studying in NYC.

A little over two months ago, she came with me to Montreal for my father's wedding. On the train back together the boarder guards questioned me. I was no longer in student status, I was stupid and felt I should lie. I said I was going to visit her and I was not living there. (I was also working for cash under the table at restaurants). The boarder patrol guard moved me to the back of the train for further questioning. They had me wait until everyone else was completely done. I was surrounded by 6-8 officers telling me I had 1 minute to prove I was not planning on living in the USA. At the same time, they grabbed my cell phone and started through it. All without permission. They found proof that I had been working and said gotcha. I was banned for 5 years and she was send to NYC. We were given 10 seconds to say goodbye.

She is terrified of the idea of crossing the boarder and traumatized. My heart is destroyed I need to be with her, she is the love of my life. Please PLEASE if anyone knows anyway, through lawyers and whatever that I can overturn this ban....I need to go to her.

please help guys,

I need to be able to visit her.

thank you for your time and insight.
 
additional information

I don't know if its relevant. But prior to my returning to canada, I applied for a B2 visitor visa - I539 APPLICATION .


After being banned, I received a letter saying my visa was approved. I am assuming this will not override the ban correct?
 
she is traumatized and won't even think of trying to cross the boarder. She says her family is risking to much for her to have anything happen trying to see me. I must be the one going back to NY. Is there anything I can do?
 
Look up form I-601. You will need to spend money on the form and an a really good attorney. Even then, your chances of over turning the 5 year ban are slim to none. Misrepresenting to USCIS/CBP/ICE is a very serious offence.


habcommander said:
I must be the one going back to NY. Is there anything I can do?
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Triple Citizen said:
Look up form I-601. You will need to spend money on the form and an a really good attorney. Even then, your chances of over turning the 5 year ban are slim to none. Misrepresenting to USCIS/CBP/ICE is a very serious offence.
Click to expand...

There's also forms I-212 and I-192 either of which you could file instead. You might stand a better chance with one of these forms instead, as they do NOT require that not admitting the person would result in severe hardship to a US citizen or green card holder, as Form I-601 does. Even if being separate will result in extreme hardship to the OP's girlfriend, unfortunately she is a temporary visitor herself.

Another question--since you were previously here as a student, presumably you had a SEVIS record. Is your SEVIS record clean? Or did you leave school and have your SEVIS record terminated--yet you remained in the country? Was a formal determination made that you were in violation of your status--possibly triggering another bar? When you tried to re-enter on the train recently, did they immediately see the SEVIS violation--was that an immediate huge red flag to them?

While I understand your girlfriend's reluctance to cross the border, eventually that is a fear that she is going to need to overcome. She'll have to leave/enter the country to visit family in Japan too--and, yes, there is a risk this incident could come up. She needs to be at peace with that. Maybe she needs a little time but eventually she needs to come to terms with things.

Did she know that you were working illegally in the country? Did you discuss with her--before you made the decision to work illegally--the risks involved in doing so and did you make a mutual decision to accept those risks as the price of being able to stay together? Did she understand the risks of you being denied re-entry after visiting Montreal? Did you understand those risks? Did you discuss those risks together before deciding to make the trip?

Also, I-212 and I-192 may be long shots at best, but I would say the chance is absolutely zero if it looks like you are just coming back in to do the same thing (illegal) you were doing before. If you propose to come back to the US and again do the same thing (work illegally) your chance of getting any of these waivers approved (slim even at best) becomes totally nil. What is your persuasive plan to avoid getting in the same situation again?

Have you re-established Canadian residency sufficiently to be able to re-enter the US as a nonimmigrant? By this I mean do you have a solid, steady Canadian job? A Canadian residence? Canadian identification? These are the absolute minimum requirements for a Canadian who leaves the US on the best of terms to be able to return to the US as a visitor. I am sure the standard of proof demanded of you in filing the I-212 or I-192 will be much higher.

And if you DO have a steady Canadian job--would it perhaps be a better investment, instead of spending money on lawyers and fees, to instead save your nickels to plan to visit her in Japan the next time she visits Japan? Her current fears notwithstanding eventually she is going to need to make a trip home to Japan. Might that not be the better opportunity to reunite?

Right now it sounds like you love this girl so much that you are willing to break the law for her. While this level of love may be admirable, if the US officials get the same impression as I'm getting--that your love for her trumps any consideration of obeying the law--the chance of your getting any waiver or ever being re-admitted are nil.
 
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habcommander said:
she is traumatized and won't even think of trying to cross the boarder. She says her family is risking to much for her to have anything happen trying to see me. I must be the one going back to NY. Is there anything I can do?
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If her student status in the US is in order and she's not working illegally, still don't understand her reluctance. Her Japanese passport means she's visa exempt into Canada and her student status (and actual residence in the US) means she's doing everything by the book. It'll be significantly easier for her to get over her "trauma", than it would be for you to overturn your ban...it kind of sounds like an excuse on her part. Not to be overly harsh, but have you considered that she's not as into you as you appear to be into her and doesn't want a long distance relationship?
 
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