Very difficult situation...please help!

M

miss_tee

Registered Users (C)
Hi,

I am a new user to the site and have a question. I am scheduled for an immigration interview with my spouse on 9/27/11 and I am slightly nervous. My concern is not regarding whether we can prove we have a bona fide marriage, but it's actually regarding whether or not my husband entered into the country legally. We've been married 1 1/2 years and have a child together.

To give a very quick background: my husband entered the country through the Canadian border with his Canadian aunt. My husband is a UK citizen from the Cayman Islands. At the time of entry (via car) the border patrol did not stamp his passport. He had a visa (visitor’s), however, the visa was not stamped as he entered with his adult aunt, who had a Canadian passport. Canadian citizens are allowed to enter the U.S. without a lengthy inspection. My husband was 8 years old at the time, so I’m assuming they did not stamp his passport because they assumed he was a Canadian citizen. This happened in 1993 by the way. When we filed the I-485 (Jan. 2011), we provided an affidavit from both my husband's mother (explaining that she gave permission for my husband to travel with his aunt) and the aunt (explaining what happened at the border). Other than the affidavits, are there any other documents we should bring to show proof of entry. Border patrol does not keep records of entry (via car), as he does not have an I-94. He did not enter illegally; they simply did not stamp his passport. Any advice would be greatly appreciated. Sorry for such a long post.
 
I don't think this is a case you want to handle by yourself. Get a good immigration lawyer pronto if you've not done that already.

And by the way, the visa is not stamped, it is an I-94 which is issued and stamped.

miss_tee said:
Hi,

I am a new user to the site and have a question. I am scheduled for an immigration interview with my spouse on 9/27/11 and I am slightly nervous. My concern is not regarding whether we can prove we have a bona fide marriage, but it's actually regarding whether or not my husband entered into the country legally. We've been married 1 1/2 years and have a child together.

To give a very quick background: my husband entered the country through the Canadian border with his Canadian aunt. My husband is a UK citizen from the Cayman Islands. At the time of entry (via car) the border patrol did not stamp his passport. He had a visa (visitor’s), however, the visa was not stamped as he entered with his adult aunt, who had a Canadian passport. Canadian citizens are allowed to enter the U.S. without a lengthy inspection. My husband was 8 years old at the time, so I’m assuming they did not stamp his passport because they assumed he was a Canadian citizen. This happened in 1993 by the way. When we filed the I-485 (Jan. 2011), we provided an affidavit from both my husband's mother (explaining that she gave permission for my husband to travel with his aunt) and the aunt (explaining what happened at the border). Other than the affidavits, are there any other documents we should bring to show proof of entry. Border patrol does not keep records of entry (via car), as he does not have an I-94. He did not enter illegally; they simply did not stamp his passport. Any advice would be greatly appreciated. Sorry for such a long post.
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Thank you for the response. By the way I-94 are always given for travel by land. As of 2011, border patrol has not really changed the way they handle canadian citizens entering. But I appreciate the response.
 
I'm sorry I meant to say I-94 are NOT always given for travel by land. That's where the situation gets sticky.
 
I know about the Canadian exception. However please note that USCIS usually rejects visa waiver overstays. In your husbands case, the question is he may not even be considered a visa waiver entrant but rather a full blown illegal immigrant[I hate that term, personally] who entered without inspection.

Get a good immigration lawyer, this is not a simple or cut and dry case. You need very specific advise from someone with knowledge of all the details and expertise in these issues.

miss_tee said:
I'm sorry I meant to say I-94 are NOT always given for travel by land. That's where the situation gets sticky.
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For the I-485 did he submit a copy of the visa that he had when he entered the US? And did he actually have a visa or did he only have the visa waiver? If he only had the visa waiver, he's practically doomed.

Were the exact date and place of entry provided on the I-485?
 
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He submitted the passport page with the visa along with the affidavits. He actually had a visitors visa which was good for 5 years. He entered at the Buffalo NY border in february 1993. I wonder if the fact that he was even granted an interview is a good sign. who knows...
 
I dont think the visa waiver program was established at the time. This was 1993. But I will look into this...thx for the thoughts.
 
miss_tee said:
He submitted the passport page with the visa along with the affidavits. He actually had a visitors visa which was good for 5 years. He entered at the Buffalo NY border in february 1993. I wonder if the fact that he was even granted an interview is a good sign. who knows...
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Being granted an interview isn't a sign of anything ... they'll often give interviews to the most hopeless cases, either to drag more information out of the applicant to make it easier to deport them, or as a formality.

However, what is a good sign is if he hasn't received any letters requesting proof of legal entry. If he still hasn't received any such letters by the interview date, that's a good sign (though not a guarantee) that they're satisfied that he had a legal entry.

If he hasn't already sent it with the application, he should bring to the interview whatever proof he has of his aunt's legal entry ... a copy of the identifying passport pages of her passport that was used in 1993, plus the arrival stamp if the passport was stamped. And also bring proof that she's really his aunt, which would be his parent's and his aunt's birth certificates showing that they have the same parent(s).
 
Did sombody ever asked for his entry ? By you asking that questen you are giving all his status differet meaning ...If that was isue he would be in Immigration court.. Absolutly no woluntary information ore any questen nowhere specialy in interview ...Only give short answers.
He entered in 1993 ,( back than you could go in and out of Canada only with driver licence , same like in Mexico before but it is not like that anymore.) , In 1996 everything was changed Than after tragjick 911 again was changed since than every immigration employee knows that. I entered in 1988 with A1B2 viza . I hope you still have pasport, with visitor visa in case thats important , if it comes to it Immigration Judge will ask for it and explanation if is that going to be isue . To my experience all they look for is original passport and viza from that time. . Your husband have long stay over 10 years. Dont even think about this isue , If it comes to it he can explain that " it was in 1993 laws bet Canada and USA borders was totaly diferent ,(you have passport with visa) they all know it. Dont be nervous , you care about your husband it is very important and you have love child. When you go in interview bring your baby with you , IO is not going to look for those things it is not his job. IO will look is this marriage based on love ,and not interest. Dont worry and Stay cooll. :cool:

I am not Immigration lawyer.This is only based in my long time immigration experience .All cases are different
 
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There is one potential issue which seems no one else picked out. In the worse case scenario, the aunt can be accused of declaring her nephew as Canadian at the POE when the nephew was not a Canadian citizen. The double assumption stated below may not be what USCIS buys into. In that case, the entry was fraudulent. That may throw a wrench in the works, even if the OP's husband was a minor then.


miss_tee said:
so I’m assuming they did not stamp his passport because they assumed he was a Canadian citizen.
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So some of you who just got in USA ore you who was little kids in 1993 ore have not a clue how was before between Canada& USA , He entered in 1993 ,( back than you could go in and out of Canada only with driver licence , Some time they would just let you go without stoping, same like in Mexico used to before ) But Sept-11-2001. changed everything.
 
The very first time I visited the US was in 1991 and I entered from Canada at the Ambassador Bridge. When we declared our citizenships (my parents and siblings were with me) as Pakistani, we were asked to pull over and I-94s were issued to us after our B-2 visas were checked. Yes, things have changed post 9/11, but some checks (e.g. checking for non-Canadians entering from Canada) were still conducted.


bassman said:
So some of you who just got in USA ore you who was little kids in 1993 ore have not a clue how was before between Canada& USA , He entered in 1993 ,( back than you could go in and out of Canada only with driver licence , Some time they would just let you go without stoping, same like in Mexico used to before ) But Sept-11-2001. changed everything.
Click to expand...
 
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