My mom is a Canadian citizen and has been living with me in the United States. She went to Canada to visit my sister and on her way back was denied entry into the US for 10 years!!! Because they said that they know she has been living here in the states. This is about 1 month ago...and now I am getting my citizenship next week and can apply for her i130. I'm worried that since what happened with her at the airport will cause a delay in the i130 process or could even deny it. I have been trying to do some research but can't seem to find an answer, just hear many different stories. If someone knows of this topic and could tell me something, it would be great help! thank you!
Will my mom's i130 be effected because she's been denied entry into the US.
- Thread starter sazeem
- Start date
TheRealCanadian
Volunteer Moderator
On what basis did they deny her for 10 years? Did she ever overstay an I-94?
Triple Citizen
Registered Users (C)
Was she ever living in the US before she acquired Canadian citizenship? I assume she holds Pakistani citizenship too?
Concerned4us
Banned
Since she have overstayed her 180 day entry by more than 6 months, she is subject to a 10 year ban from entry. Even filing for her as a parent will not waive this unless an official waiver is granted. It is unlikely you and she qualify for the waiver.
It was foolish of her to be "living" - as you admit - with you in the US. She had no right to do so without having been granted a GC.
TheRealCanadian
Volunteer Moderator
Only if she got an I-94.
Triple Citizen
Registered Users (C)
Indeed. That is why I am wondering if her overstay was before she naturalised as a Canadian citizen.
Jackolantern
Registered Users (C)
For how long?
Did you file the I-130 by itself, or was an I-485 also filed and then she left without Advance Parole?
Even if the 10-year bar is not applicable to her, they were still correct to refuse her entry as a visitor.
Last edited by a moderator:
Concerned4us
Banned
Even a Canadian's visits are time limited. OP admits his mother has been LIVING with him without a GC or valid status permitting residency - and did so on a public forum. The ban has been recorded. The rules are not just suggestions.
OP, now is the time to get a lawyer.
OP, now is the time to get a lawyer.
TheRealCanadian
Volunteer Moderator
You don't understand how the 3/10-year bars work. Unlawful presence is very specific - and if one is inspected and legally admitted into the US without an I-94, illegal presence cannot ensue until USCIS makes a formal determination that one is out of status.
A Canadian citizen can be admitted as a visitor without I-94 and stay for 30 years without accumulating illegal presence, and the 10-year bar will not apply.
Has anyone ever heard of "machine readable" visas and passports? How about RFID's (radio frequency identification--such as are in modern passports)?
From 2003: http://travel.state.gov/visa/laws/telegrams/telegrams_1535.html
From 2005: http://www.dhs.gov/xnews/releases/press_release_0673.shtm
From 2010: http://www.mizzima.com/news/breakin...egins-issuing-machine-readable-passports.html Burma (Myanmar) is issuing these things, and you would question Canada?
From 2010: http://www.immigrationlawyerblog.com/2010/12/nepal_to_distribute_machine_re.html Nepal has them, too!
Posted 2006: http://www.pakconsulatela.org/mrp.html Pakistan also has them!
An article from 2005 on RFID: http://www.pcworld.com/article/123246/united_states_to_require_rfid_chips_in_passports.html
An article form 2010 on RFID: http://www.rfidjournal.com/blog/entry/7375
Passports
In an effort to make passports more secure, several countries have implemented RFID in passports. However, the encryption on UK chips was broken in under 48 hours. Since that incident, further efforts have allowed researchers to clone passport data while the passport is being mailed to its owner. Where a criminal used to need to secretly open and then reseal the envelope, now it can be done without detection, adding some degree of insecurity to the passport system.
Shielding
A number of products are available on the market that will allow a concerned carrier of RFID-enabled cards or passports to shield their data. In fact the United States government requires their new employee ID cards to be delivered with an approved shielding sleeve or holder. There are contradicting opinions as to whether aluminum can prevent reading of RFID chips. Some people claim that aluminum shielding, essentially creating a Faraday cage, does work. Others claim that simply wrapping an RFID card in aluminum foil only makes transmission more difficult and is not completely effective at preventing it
FROM: http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201007-1651-004 and
see link to PRA Statement 8-10-2010 (with fee).docx at: http://www.reginfo.gov/public/do/DownloadDocument?documentID=191691&version=2
A.1: "......However, so long as these travelers are traveling in the air or sea environment and have a travel authorization obtained through the Electronic System for Travel Authorization (ESTA, see below), they may forgo completing the paper I-94W form. ESTA is not available for VWP travelers at land border crossings, though it should be noted that the overwhelming majority of VWP travelers (approximately 99 percent) arrive into the United States in the air environment."
see: link to SORN for I-94 and I-94W [This will link to the Federal Register Notice.]
"PURPOSE(S):
NIIS is a repository of records for persons arriving in or departing from the U.S. as nonimmigrant visitors and is used for entry screening, admissibility, and benefits purposes. The system provides a central repository of contact information for such aliens while in the U.S. and also captures arrival and departure information for determination of future admissibility. ..........."
Paper I-94's will eventually become obsolete, they are partially obsolete already in many contexts. The U.S. and Canada don't advertise their special considerations and initiatives in facilitating travel (it makes other countries , especially Mexico, jealous).
From 2003: http://travel.state.gov/visa/laws/telegrams/telegrams_1535.html
From 2005: http://www.dhs.gov/xnews/releases/press_release_0673.shtm
From 2010: http://www.mizzima.com/news/breakin...egins-issuing-machine-readable-passports.html Burma (Myanmar) is issuing these things, and you would question Canada?
From 2010: http://www.immigrationlawyerblog.com/2010/12/nepal_to_distribute_machine_re.html Nepal has them, too!
Posted 2006: http://www.pakconsulatela.org/mrp.html Pakistan also has them!
An article from 2005 on RFID: http://www.pcworld.com/article/123246/united_states_to_require_rfid_chips_in_passports.html
An article form 2010 on RFID: http://www.rfidjournal.com/blog/entry/7375
Passports
In an effort to make passports more secure, several countries have implemented RFID in passports. However, the encryption on UK chips was broken in under 48 hours. Since that incident, further efforts have allowed researchers to clone passport data while the passport is being mailed to its owner. Where a criminal used to need to secretly open and then reseal the envelope, now it can be done without detection, adding some degree of insecurity to the passport system.
Shielding
A number of products are available on the market that will allow a concerned carrier of RFID-enabled cards or passports to shield their data. In fact the United States government requires their new employee ID cards to be delivered with an approved shielding sleeve or holder. There are contradicting opinions as to whether aluminum can prevent reading of RFID chips. Some people claim that aluminum shielding, essentially creating a Faraday cage, does work. Others claim that simply wrapping an RFID card in aluminum foil only makes transmission more difficult and is not completely effective at preventing it
FROM: http://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201007-1651-004 and
see link to PRA Statement 8-10-2010 (with fee).docx at: http://www.reginfo.gov/public/do/DownloadDocument?documentID=191691&version=2
A.1: "......However, so long as these travelers are traveling in the air or sea environment and have a travel authorization obtained through the Electronic System for Travel Authorization (ESTA, see below), they may forgo completing the paper I-94W form. ESTA is not available for VWP travelers at land border crossings, though it should be noted that the overwhelming majority of VWP travelers (approximately 99 percent) arrive into the United States in the air environment."
see: link to SORN for I-94 and I-94W [This will link to the Federal Register Notice.]
"PURPOSE(S):
NIIS is a repository of records for persons arriving in or departing from the U.S. as nonimmigrant visitors and is used for entry screening, admissibility, and benefits purposes. The system provides a central repository of contact information for such aliens while in the U.S. and also captures arrival and departure information for determination of future admissibility. ..........."
Paper I-94's will eventually become obsolete, they are partially obsolete already in many contexts. The U.S. and Canada don't advertise their special considerations and initiatives in facilitating travel (it makes other countries , especially Mexico, jealous).
TheRealCanadian
Volunteer Moderator
And?
Al Southner
Registered Users (C)
And a free reading opportunity for all, to learn about the dangers of overstay in the US with a Canadian passport with RFID...
Jackolantern
Registered Users (C)
BigJoe is just trying to get closer to breaking the record for cumulative number of words posted on this forum.