JOHN ROGERS

My apologies - I erroneously named you as JOHN EDWARDS and not JOHN ROGERS in my reply #815.

Please accept my sincerest apologies.

JOHN EDWARDS

Appreciate the reply and input.

Just to get the "girlfriend issue" out of the way as this is not a debate.

My girlfriend is an immigration attorney... Los Angeles based... worked for Fragomen for a number of years before being recruited personally by Lincoln Stone (who I understand is somewhat of a legend and incredibly well respected in the Immigration Law world). She worked for Stone Grzegorek & Gonzalez LLP in Los Angeles. She left there to work remotely for 3 separate law firms as she splits her time between LA, Canada and Russia. She likes keeping her own hours and working from home.

Her specialty is investor visas and O1 visas... has been responsible for getting a number of UK, Canadian, Aussie, etc. high profile entertainment figures their respective visas for America. As an example she did Seal's (international Rockstar) visa for him as he has a UK drug conviction from when he was 20. He's now mid 50's, a multi-millionaire, internationally famous BUT still has to renew his visa every 5 years. He does not qualify for a green card. He's not exactly a threat to the US of A but then they have some really messed up immigration laws (as I've mentioned before).

She is often amused by the fact that she can get O1 visas for people who do not exactly qualify in her eyes at the same time she is often befuddled by seemingly nonsensical "requests for evidence" for clients trying to obtain investor visas.

She has NEVER done a waiver. It's not that it would be outside of her intellectual capabilities however, obviously. As for my case she reached out to a colleague who worked with her at Stone Grzegorek but is now Toronto based as to my scenario and a recommendation for an attorney in Calgary (where I'm currently based).

While a waiver seems somewhat straightforward for her (as it does to me) it has been more of a case of "Doctor's don't operate on immediate family members nor should lawyers represent themselves in court in criminal cases" She feels the most prudent thing was for me to look beyond her as she's obviously emotionally tied into me.

Those are her bona fides and are not part of of story I'm spinning from a febrile imagination.

End of story. That's out of the way now.

------------------------------------------------------------------------------------------------------

I don't doubt your level of expertise nor experience.

Here is my situation in a nutshell basically.

I was pulled into Secondary and held for 3 1/2 hours at yyc. One agent was willing to let me go and one was determined to screw me.

My paperwork EXPLICITLY states I have a 3 year bar. Within that paperwork it also EXPLICITLY gives a date at which I can reenter the US without a waiver. That date is 4 years, 7 months, 14 days from when I was barred.

So it seems I have a 3 year bar but also a 4 year, 7+months bar. This is all in my paperwork.

My question to you is: What am I to believe and why the discrepancy in the time I am barred? And why such (on the surface anyway) a willy nilly random date that doesn't line up with a 3 year bar as EXPLICITLY stated in my documents?

Was my paperwork erroneously (or perhaps purposefully) screwed up? Nobody I have spoken to and who has seen the documents can make sense of the discrepancy.

Hence it has been recommended I get a FOIA to discern what exactly is going on.

I understand, as you've duly noted, that the more time that goes by the better in terms of applying for a waiver. That seems like a no-brainer.

Also - do you have any inkling as to what data bases they access when you send in a waiver application? Most everybody (attorneys included) has stated that nobody really knows what data bases they access from DC/Virginia and most likely they don't or can't access the IRS data base (if they did then they would literally have to deport millions of people and I guess they don't wish to venture down that rabbit hole).

Any feedback you can provide would be greatly and humbly appreciated.

John & Noah,

Thanks for both of your inputs regarding my situation. It took me a while to read all the information you guys provided and I think we're having a healthy discussion that benefits not only the three of us but as well as other readers. I will probably delay my application for the time being and let sometimes to pass as you both suggested, the more time I stay outside the US the more it will be favorable to me in the future.

IN case the link doesn't work, here is the full text from that site.

What Are the Three- and Ten-Year Bars?
The three- and ten-year bars were created as part of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996. Incorporated into section 212(a)(9)(B) of the Immigration and Nationality Act (INA), the statute imposes re-entry bars on immigrants who accrue “unlawful presence” in the United States, leave the country, and want to re-enter lawfully. “Unlawful presence” is a term of art that is not defined in the statute or regulations. However, the U.S. Citizen and Immigration Services (USCIS) Adjudicator’s Field Manual includes guidance on determining when a noncitizen accrues unlawful presence. Generally, an immigrant who enters the United States without inspection, or who overstays a period of authorized admission, will be deemed to have accrued unlawful presence. Individuals who accrue more than 180 days, but less than one year, of unlawful presence are barred from being re-admitted or re-entering the United States for three years; those who accrue more than one year of unlawful presence are barred for ten years.

Again, a 3 year bar, like a 3 year waiver, is rarely given.

Noah I didn't say I have never seen them, its not the usual. Disregard all this crap your quoting, I am talking about what I SEE, real cases.

The specific form they issue when a ban has been issued gives 3 options. 5, 10 and 20. They can write in another number, but its unusual for them to do that. The form has three boxes to tick off. None of the options is a 3 year ban.

Its incredible to me that your girlfriend is "in immigration law" but everything you are quoting sounds more like you have simply looked it up on the internet. If you are getting help a "Canadian Attorney" is the one place you will pay a lot of money, for very little return.

As a matter of fact a website soliciting people for clients has your exact wording here : https://www.americanimmigrationcouncil.org/research/three-and-ten-year-bars

I deal with Canadians banned from the United States for overstay, working without authorization, and criminal records. That site does not.

If you need help with a waiver, go to people that do nothing but waivers. Filing an FOIA is a complete waste of time unless your hoping to uncover some hidden "clue" as to what Homeland Security knows or doesn't know. Remember the interview where they gave you the ban? Thats all you will get with a FOIA....and I assume you still have your copy. Your not going to get more nuggets of information. You overstayed...thats that.

Your making a straight forward process seem much more complicated than it really is. A minimum 3 years after you overstayed, you can try a waiver. I suggest if only 3 years has passed, get help. If you wait 5 years, then you will probably get the waiver for sure, as long as its properly done, with or without help. Your doing what I see lawyers do, use excess information to make people believe a situation requires $5000 to resolve when it actually is more a matter of time, not money.

Gene and JOHN ROGERS-

Just an fyi-

Overstaying the period of authorized stay may result in the accrual of “unlawful presence.” After accruing sufficient unlawful presence, you may be barred from re-entering the U.S. for up to 10 years.

a.The Three Year Bar: Persons who overstay in USA for more than 180 days but less than one year after their authorized period of stay has expired, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for three years from their date of departure.

b.The Ten Year Bar: Persons who overstay in the U.S. for more than one year after their authorized period of stay has expired, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for ten years from their date of departure.

JOHN ROGERS,

You’ve never seen a 3 year ban? Is that correct? I was banned for 3 but as I was mentioning about wanting to get a FOIA the paper work and documents I received from the border agent actually have me banned for 4 years and 7 months which makes no sense.

Typically an overstay of less than a year results in a 3 year ban (that’s just standard) and an overstay of more than a year is a 10 year ban.

As I’ve said on this thread the American immigration system most certainly is broken and who receives a waiver and for how long doesn’t seem to make a whole lot of sense.

My reasoning for wanting a FOIA (basically free to request) is so that I’m armed with all the information they have about me as my 4 year and 7 month ban seems to make no sense at all.

Gene- my girlfriend is in immigration law but specializes in EB-5 and E2 and O1 visas. She’s incredibly proficient and in demand and worked with one of the best (if not the best) immigration law firms in America. Obviously her specialty is American immigration law and even she has said I need to see a Canadian attorney. She has never done a waiver for anybody and I was planning on doing it myself but then we both had reservations about it.

While the waiver process seems simple and straightforward oftentimes it is not. I became even more concerned when my girlfriend didn’t exactly have complete confidence in the system hence suggesting I see an attorney who understands the waiver process. She will be the first to say that America has some of the most fucked up and draconian immigration laws and policies on the planet.

I was banned on an overstay (12 days overstay- the border agent was out to get me, one agent was willing to let it go and one guy was determined to screw me -which he did) Admittedly my overstay was a sloppy mistake on my part. I have absolutely NO criminal history so that doesn’t factor into my case at all.

At any rate I saw a Canadian immigration attorney (yes it’s more money than I would like to spend) and he apprised me that the more time that passes the much better chance I have of getting a waiver. In addition, sometimes the information in your FOIA is actually much different than what documents were presented to you by the Border agent.

I’ve seen and heard of crazy screw-ups where that is concerned.

I haven’t filed my waiver yet btw as I want to see my FOIA first.

At any rate the waiver system (and particularly under Trump) seems to have no rhyme nor reason as to who gets them and for how long whether it’s for 1 year or 5.

Perhaps it’s best if you wait a little longer (at least 18 months) since being banned.

Gene, if you only left the United States 1 year ago, you may not get a waiver.

Think about it, the reason they would grant it is because whatever you did no longer reflects you, you need more time to pass. Not to mention they are going to suspect that whatever caused you to overstay, and you better have a GREAT personal letter, is still in place.

A lawyer would have been a waste of money at this point, but I doubt you will get a waiver and I would not be surprised if they will ask you to file an expensive I-212 ($930) on top of your waiver as well.

Think about it logically, you only returned to Canada a year ago....I would be shocked if they granted it.

As for 3 year bans, I have only seen 5, 10 and 20 year bans, did one of you say you had a three year ban? The form they use doesn't actually have that, was it something they wrote in?

Noah - Three yrs. and I left the us one year ago. I'm not availing any immig. layer services its very expensive. And I did not nor have any intention of requesting my records under the FOIA since I kept all my communication with uscis on my file.

Gene,

How long ago did you get barred because of your overstay? I’m assuming you got a 3 year ban from entering the US.

Are you getting an attorney to file a waiver and did you request a FOIA to see what info they have on you?

I’m concerned about my own waiver process as I also had an overstay.

Jillsanta - thanks for your response. I will submit my application in the coming weeks. In the meantime I'll be monitoring your progress and hope that you receive your waiver soon.

Jillsanta2,

Thanks for the reply. If you would be so kind as to update me when you get your waiver it’d be much appreciated.

I also had an overstay but was told the longer you wait to apply for a waiver the better.

They take overstays very seriously and apparently consider it one of the more egregious offenses.

I’ve been told to get a FOIA to see what information they have on me as well.

I’ve also heard that the waiver process for this can take up to 18 months before they give you an answer.

Did you file the waiver yourself or get an attorney?

At any rate good luck with it and keep me up to date if you don’t mind.

Hi

Noah I applied 6 months after and gene I checked with aro “it’s pending further review”

Jillsanta - have you tried following it up with ARO and check the status of your waiver application?

Jillsanta,

How soon after you got busted on the overstay did you apply for a waiver?

6 month overstay would’ve given you a 3 year ban from entering the US.

I overstayed by 6 months, applied at Lewiston queenston bridge June 20, 2017. Still waiting

Bazz - what kind of charges and how long since conviction?

Bazz, thanks for posting and for offering your help. Can you also please share why you need US waiver. I just would like to know were I stand, I need a US waiver because I overstay my visa and worked long after my work permit expired. And I have not yet read anybody in this forum who has the same situation like mine. thanks