ForumTitleContentMemberSexCountryDate/Time
CanadaDoes illegal immigration upset you big time too?

you do not like the law, move to a different country.


Seems you're the one who has a problem with the status quo. Maybe you should move. :whistle: (ETA: this is sarcasm because I think the idea of telling someone that if they don't like such and such about America they should move is completely asinine)

And yes, I am for a more liberal overall immigration policy. Sorry that makes you so angry.


you do not make me angry. i thought we were all just having a discussion?

who's status quo? has the bill passed? that doesn't make any sense. you're the one who's not happy with how things are.


My point is that illegal immigration does not get me all riled up. The status quo is the current state of affairs, i.e. the presence of 12 million illegal immigrants. Presumably, you're not ok with that.

As for making you angry, sorry I jumped to conclusions. But as soon as someone tells me to get out of my country, I assume that I have hit a nerve.


my problem is with the immigration bill. i feel for some of these people. i do not however think they should be given amnesty. there will ALWAYS be illegal immigration, that is not my problem. my problem is how the US wants to deal with them.

the bill is ridiculous. can we agree with that? it doesn't make any sense. i realize they're trying to change some parts, but they want the illegal immigrants to first go back to their countries and apply. they will never do that.

i wasn't literally telling you to leave.

quick edit: i think if their main goal is to become citizens, they should've been happy with the bill, but instead they bitched, it wasn't easy and fast enough.

then what happens to the people who come after the bill if it passes?

Edited by mrsserendipity, 15 June 2007 - 02:09 PM.

mrsserendipityFemaleCanada2007-06-15 14:07:00
CanadaDoes illegal immigration upset you big time too?
what exactly is it those of you who are pro-illegal-immigration want the law TO say?

what about those who come in the US after the bill if it's passed? they will just show up illegal say hi i'm illegal, then go back to their country and apply? hah
mrsserendipityFemaleCanada2007-06-15 13:59:00
CanadaDoes illegal immigration upset you big time too?

you do not like the law, move to a different country.


Seems you're the one who has a problem with the status quo. Maybe you should move. :whistle: (ETA: this is sarcasm because I think the idea of telling someone that if they don't like such and such about America they should move is completely asinine)

And yes, I am for a more liberal overall immigration policy. Sorry that makes you so angry.


you do not make me angry. i thought we were all just having a discussion?

who's status quo? has the bill passed? that doesn't make any sense. you're the one who's not happy with how things are.
mrsserendipityFemaleCanada2007-06-15 13:57:00
CanadaDoes illegal immigration upset you big time too?

Here is some food for thought. This was written by a retired US Border Patrolman. It really made me stop and think. I actually took the time to go research some of his points and he is dead on.

Dear Senator Frist:

There is a huge amount of propaganda and myths circulating about illegal aliens, particularly illegal Mexican, Salvadorian, Guatemalan and Honduran aliens.

1. Illegal aliens generally do NOT want U.S. citizenship. Americans are very vain thinking that everybody in the world wants to be a U.S. citizen. Mexicans, and other nationalities want to remain citizens of their home countries while obtaining the benefits offered by the United States such as employment, medical care, in-state tuition, government subsidized housing and free education for their offspring. Their main attraction is employment and their loyalty usually remains at home. They want benefits earned and subsidized by middle class Americans. What illegal aliens want are benefits of American residence without paying the price.

2. There are no jobs that Americans won't do. Illegal aliens are doing jobs that Americans can't take and still support their families. Illegal aliens take low wage jobs, live dozens in a single residence home, share expenses and send money to their home country. There are no jobs that Americans won't do for a decent wage.

3. Every person who illegally entered this nation left a home. They are NOT homeless and they are NOT Americans. Some left jobs in their home countries. They come to send money to their real home as evidenced by the more than 20 billion dollars sent out of the country each year by illegal aliens. These illegal aliens knowingly and willfully entered this nation in violation of the law and therefore assumed the risk of detection and deportation. Those who brought their alien children assumed the responsibility and risk on behalf of their children.

4. Illegal aliens are NOT critical to the economy. Illegal aliens constitute less than 5% of the workforce. However, they reduce wages and benefits for lawful U.S. residents.

5. This is NOT an immigrant nation. There are 280 million native born Americans. While it is true that this nation was settled and founded by immigrants (legal immigrants), it is also true that there is not a nation on this planet that was not settled by immigrants at one time or another.

6. The United States is welcoming to legal immigrants. Illegal aliens are not immigrants by definition. The U.S. accepts more lawful immigrants every year than the rest of the world combined.

7. There is no such thing as the "Hispanic vote". Hispanics are white, brown, black and every shade in between. Hispanics are Republicans, Democrats, Anarchists, Communists, Marxists and Independents. The so-called "Hispanic vote" is a myth. Pandering to illegal aliens to get the Hispanic vote is a dead end.

8. Mexico is NOT a friend of the United States. Since 1848 Mexicans have resented the United States. During World War I Mexico allowed German Spies to operate freely in Mexico to spy on the U.S. During World War II Mexico allowed the Axis powers to spy on the U.S. from Mexico. During the Cold War Mexico allowed spies hostile to the U.S. to operate freely. The attack on the Twin Towers in 2001 was cheered and applauded all across Mexico. Today Mexican school children are taught that the U.S. stole California, Arizona, new Mexico and Texas. If you don't believe it, check out some Mexican textbooks written for their schoolchildren.

9. Although some illegal aliens enter this country for a better life, there are 6 billion people on this planet. At least 1 billion of those live on less than one dollar a day. If wanting a better life is a valid excuse to break the law and sneak into America, then let's allow those one billion to come to America and we'll turn the USA into a Third World nation overnight. Besides, there are 280 million native born Americans who want a better life. I'll bet Bill Gates and Donald Trump want a better life. When will the USA lifeboat be full? Since when is wanting a better life a good reason to trash another nation?

10. There is a labor shortage in this country. This is a lie. There are hundreds of thousands, if not millions, of American housewives, senior citizens, students, unemployed and underemployed who would gladly take jobs at a decent wage.

11. It is racist to want secure borders. What is racist about wanting secure borders and a secure America? What is racist about not wanting people to sneak into America and steal benefits we have set aside for legal aliens, senior citizens, children and other legal residents? What is it about race that entitles people to violate our laws, steal identities, and take the American Dream without paying the price?

For about four decades American politicians have refused to secure our borders and look after the welfare of middle class Americans. These politicians have been of both parties. A huge debt to American society has resulted. This debt will be satisfied and the interest will be high. There have already been riots in the streets by illegal aliens and their supporters. There will be more. You, as a politician, have a choice to offend the illegal aliens who have stolen into this country and demanded the rights afforded to U.S. citizens or to offend those of us who are stakeholders in this country. The interest will be steep either way. There will be civil unrest. There will be a reckoning. Do you have the courage to do what is right for America? Or, will you bow to the wants and needs of those who don't even have the right to remain here?

There will be a reckoning. It will come in November of this year, again in 2008 and yet again in 2010.

We will not allow America to be stolen by third world agitators and thieves.

David J. Stoddard

U.S. Border Patrol (RET)

Hereford, Arizona


He served this country first in the Army for 30 years and then 27 years as a border patrolman.


Wow this is great in my book it is right on the money thank you for the post.

BTW I still havnt seen any one respond to:

What would you say to a poor inner-city person who has a poor family and are not doing well and has not much food, clothing, medical or shelter and is a US citizen. So now they go and break the law and sell drugs to help there family and get arrested?

1.) Would say lets give them asylum?
Or
2.) Would you say they had other ways of doing things right and legal?

Pick? 1 or 2


no one has responded to 99% of my posts either. they feel a certain way but cannot see the whole picture, cannot go beyond the issue to the bigger picture and the problems that are being just swept under the rug. the US should not change a law about ILLEGAL immigration. people are already abusing the system. they change the definition of ILLEGAL in this situation, they will have groups from all walks of life marching and trying to change the definition. in fact, it seems like they don't like that word at all and just let everyone assume the LEGAL status. they do not see how that WIL affect the safety and security of the country.
mrsserendipityFemaleCanada2007-06-15 13:54:00
CanadaDoes illegal immigration upset you big time too?

mrsserendipity, we're beating a dead horse. noone is going to change anyones minds in here. its obvious some people don't understand the difference between a "politcal view point" & the law. i wonder how many people with the "amnesty for all" stance on this issue, actually live in a place affected by illegal immigrants. i live in the south, i see it first hand not on a news show. i think if some of these peoples lives were affected by the illegal population their "political point of view" or sence of right & wrong would be different.


I think it's wrong to assume that people who do not feel the same way that you do about things are somehow naive or have not been unaffected to the degree that you have. And thank you very much, but I "understand the difference between a "politcal view point" & the law". Did it ever occur to you that some people might not agree with our existing laws? Maybe it makes you feel better to think that the only explanation for people not being so angry and resentful towards illegal immigrants is that they don't understand the issue?

In the same way that you don't understand my lack of outrage, I don't quite understand your level of outrage.


what law is it that you do not agree with? that the US is a COUNTRY and should not have their borders open to anyone who just wants to fly or walk in? how safe would you feel if anyone and everyone would just be allowed to come and go into the US as they please? you don't agree that a country should protect it's borders? the US is indeed a country. countries have borders. countries have laws. you do not like the law, move to a different country. what are you trying to say? what would you like the law to say?
mrsserendipityFemaleCanada2007-06-15 13:48:00
CanadaDoes illegal immigration upset you big time too?

mrsserendipity, we're beating a dead horse. noone is going to change anyones minds in here. its obvious some people don't understand the difference between a "politcal view point" & the law. i wonder how many people with the "amnesty for all" stance on this issue, actually live in a place affected by illegal immigrants. i live in the south, i see it first hand not on a news show. i think if some of these peoples lives were affected by the illegal population their "political point of view" or sence of right & wrong would be different.


true. i just don't see what they're trying to say. they don't seem to even have knowledge of what the immigration bill terms were. like i just mentioned above... they b*tched when they heard they had to go back to apply for the visa. they're not looking to just get citizenship, they want it all to be fast and easy.

and what about the people to come after this bill if it passes. are they aware what happens then? you think people will come illegally say hi here i am, then go back to their countries like the bill suggested and apply? of course not! who would come here just to have to go back? no one thinks about that. none of it will work. the illegal immigrants will not accept anything but amnesty. they were thrown a bone and they just bitched.
mrsserendipityFemaleCanada2007-06-15 13:44:00
CanadaDoes illegal immigration upset you big time too?
say they do give the illegal immigrants already in the US amnesty. what about the people who are going to the come in the future? what about them? the way the bill was written they would have to go back to their country first and file for the visa. what about the new illegal immigrants if all this passes? you think they're going to go and say hey i just came over illegally, can i go back now and apply for the visa? why not just apply while you are already in the country?

none of it makes sense. what happens to them? if they didn't file for a visa to begin with, why would people expect them to come illegally, say hey i'm illegal, then have to go back just to apply for the new visa?
mrsserendipityFemaleCanada2007-06-15 13:31:00
CanadaDoes illegal immigration upset you big time too?

bowflex ,
i'm w/ you 100% on everything you've said.
i can't believe people on this site going thru the immigration process legally, don't second all of your opinions.


It's been pointed out many times in this thread, but for some people like me, having done it the legal way doesn't make me feel special, superior, or proud. I don't see why there should be a correlation between having gone through the legal immigration process and one's stance on illegal immigration.


Maybe if you went through a much longer process and had to actually fight to get it rather than waiting under a year, you'd understand where some of us are coming from. My wife and I went through circumstances in our case that hardly anyone else here had, and that's including a Consul that didn't give us the time of day, then lied, then purposely took extra time to admit to a mistake, and then we even had to wait longer than most just to mail the Visa after it was approved.

My wife's family did absolutely everything correctly for 15 years and were still denied, and then you have someone feeling they're above the law or put themselves in front of others who have been waiting patiently to do it the right way. It is a priviledge to enter this or any country, and those who enter illegally make it seem like it's their right, which it clearly is not.




hey well if thats the case - my K1 did take more than a year and we had the SAME CO that you did in Montreal, and stateside we are waiting even longer to complete AOS. Still does not make me feel the way you do. This is a political item, and a highly emotional one at that.

Jenn - I agree with you 100%. Not everyone going the "legal" route feels this way.


and what exactly DO you feel? just that they should stay? do some research, look over some laws, read people's stories, read the FACTS. i haven't heard one good argument for illegal immigration in this thread, just that they FEEL they should be able to stay and get citizenship. there are sob stories ALL over the world. as bowflex's wife, which people seem to mention a few times, i have gone through it a long time. i did not give up just because i had the bad luck of getting a bad apple from the government branches. at NO point have i EVER been illegal, unlawful, or undocumented. we came to the US 1991 with one suitcase for the entire family of four. i have sob stories you wouldn't believe. would it have been easier for me to just sneak over? of course! and if there were NO other options, and illegal immigration was THE last resort...THERE ARE APPLICATIONS THAT DO NOT REQUIRE A LEGAL STATUS. give me one good reason for not filing anything at all? there are organizations to help new immigrants with paperwork, housing, all sorts of things. THEY SIMPLY DO NOT SEEK THEM
mrsserendipityFemaleCanada2007-06-15 13:25:00
CanadaDoes illegal immigration upset you big time too?
when the bill came out, the illegal immigrants were not even happy with THAT. they still wanted things easier and faster.

they want amnesty.

what about the people with mental illness who break the law? they still get punished. really anyone can make excuses for their behavior and doings. these people know they are doing something wrong. heck people make excuses they are mental just to get out of situations. there are excuses for EVERYTHING nowadays. let's stop. you give amnesty to them...other groups will follow.
mrsserendipityFemaleCanada2007-06-15 11:39:00
CanadaDoes illegal immigration upset you big time too?
let's also not forget illegal immigrants are not only from mexico. you will be excusing people of many different races and beliefs...good people and people wishing harm. you are making things easy for ANYONE to come into the country. not all illegal immigrantion is from poor countries. mexicans can just come on over the border, but everyone else... they have money for plane tickets or however they chose to arrive. plus once you're here, from mexico or not, you need to have SOME money or you'd just go from being poor there to being poor here. go to your nearest immigration center, seek asylum, seek refugee, seek protection.

if your only issue with your country was that you were poor, how do you plan on making money here if you come empty handed with no money for a roof over your head, food, water, traveling to work, etc? they have SOME money. and furthermore, there are organizations that are there to help. go to someone. they can help you with paperwork, housing, etc. start a NEW life. not the same one over again.
mrsserendipityFemaleCanada2007-06-15 11:28:00
CanadaDoes illegal immigration upset you big time too?

It's hard to say, bowflex. I feel for your wife's family, but what seems to drive my sympathy is not that 'they did it legally' but that it's so damn hard to get political asylum. Increasing scrutiny on immigrants I fear only leads to more denials in asylum cases.

I think the time does matter. If we had the resources to deport people as soon as they crossed the border, I would say, 'deport!' It would be swift, certain, and just a few weeks out of their lives. But we don't, and deporting an otherwise honest hard-working person after twenty years doesn't seem just. (It doesn't seem just to deport your wife's family either, but deporting illegals won't make the asylum cases easier.) I don't think that deporting 11 million people is a realistic option.

Plus, it's hard to say what would happen if Yugoslavia had bordered the U.S. I can imagine that people might have been desperate enough to skip the border, too.


THEY STILL WOULD HAVE HAD OPTIONS.

YOU DO NOT NEED A LEGAL STATUS TO FILE FOR ALL APPLICATIONS.

fine, come here illegally cause of poor conditions. but then FILE. SOMETHING. refugee, asylum. humanitarian and compassionate. just to name a few.
mrsserendipityFemaleCanada2007-06-15 11:06:00
CanadaDoes illegal immigration upset you big time too?

I'd think something like liquidating all of the person's assets and any equities they've accrued by working in America illegally would start teaching people lessons.

Hum what a new idea you mean like they do now to US citizens that are criminals take and seize their stuff? What’s good for one should be good for all.
My dad is a cop in Phila and did you know that they can’t even ask anyone that they think is an illegal alien because of there rights. Wow I thought we had rights because we were citizens?

Hum its getting crazy out there know wonder I liked that movie V so much. Watch it its great.


not in this area. there was a story about a guy who was waiting for his paperwork, took longer than usual, but he had papers, then he got pulled over by the police for speeding, they suspected he didnt have papers and he didnt have his visa on him, they deported him 2 days before his wedding.

there are so many stories of them not caring about paperwork. they didn't ask me. then they took my passport when they invaded my home, then they asked for it knowing full well they took it. it was a mess. but did i just run away or hide? no. i still did the right thing.

and my country of birth ISN"T EVEN A COUNTRY ANYMORE. it is now serbia, who by the way said since i'm not serbian they will not ACCEPT me "back" and denied us entry. but the US didn't care.

regardless of my LEGAL story, i do feel for them. i simply hate excuses. they had options. and not only before they came, but once they were here illegally.

took me a few more years, but here i am a permanent resident. you have to fight, you have to try, keep trying. don't hide, don't run. i go to bed at night knowing i did the right thing and now i have nothing to worry about as far as immigration works. i know i never have to hide in a church. and one day my husband and i are going to have kids, but we would never have had one before i knew i finally had things in order. that would've been selfish.
mrsserendipityFemaleCanada2007-06-15 11:00:00
CanadaDoes illegal immigration upset you big time too?
i've said it before.... they have options. period. there's no reason why they couldn't file ... anything. also like i've said, you do not need a legal status to file some of these applications. if nothing else, file for Humanitarian and Compassionate. of course i feel for them and their stories, but they did not do everything they could to avoid deportation and dealing with homeland security. in fact, they did nothing. fine, do whatever to come in illegally, but then file SOMETHING. ensure your children's future as secure, ensure that their schooling isn't for nothing. just TRY. does the law always make sense and provide justice? of course not, but that applies to laws for other matters as well. compared to their countries which they came from that are "so awful" the US's laws aren't so mean and hateful.

furthermore...they had objections to the immigration bill, lol. it didn't make things easy enough for them. they simply want amnesty. they won't settle for anything else. the government was trying to throw them a bone, and they even bitched then.
mrsserendipityFemaleCanada2007-06-15 10:49:00
CanadaDoes illegal immigration upset you big time too?

I suppose that is why they have this new immigration bill put forward... to legalize all the undocumented people in the country.


they had that option when they entered the US. the us was bombing the country i came from back in first grade...we still managed to file papers and remain legal. there is NO excuse. you do NOT have to be of legal status to file numerous applications. that is what people do not seem to understand. they care so much about a better life...file the paperwork. either before coming to the US to ensure your family's future, or after you arrived here if conditions somehow made you think it was ok to come illegally. read up on asylum, refugee. heck try the humanitarian and compassionate route. there are options. there are no excuses. if you are going to claim you love your family enough to make them hide in a church... you should've loved them enough to make sure they never had to. innocent people don't hide. illegal immigration is just that...ILLEGAL. so if a million killers decided to march and petition they would get their way, too? they had a picture of someone with a shirt on that read "i am illegal, so what." these people did not care enough to learn their options or chose to ignore them and now they want special treatment. they endangered their lives and those they cared for. that is not love. file SOMETHING.

and who do you think is going to process all these illegal immigrant visas if the bill passes? you guessed it... the same people who are processing those of the people here on VJ. you think 5-7 month wait at montreal is bad? that's nothing. i'd like to see all of you after they get their way. see how fast you're going to b*tch how much longer it takes for those of you who are trying to do things the legal way and ensure your future is secure.
mrsserendipityFemaleCanada2007-06-14 23:30:00
CanadaDoes illegal immigration upset you big time too?
they want to come and have a better life, fine, do it. who doesn't want a better life for themselves and their family. however, they can ALL file for asylum. even refugee status can lead to citizenship eventually. you don't even have to have come to the US legally to file. you just have to FILE. file SOMETHING. don't just take the sissy way out. there are options. just sneaking in and remaining illegal is not the only option. there are things to file for even if you do not have a legal status. do it. THAT shows how much you love your family...ensuring their future in the US...this land they came for a better life. homeland security spends sooooooooo much money deporting people. there are people getting deported because they got a speeding ticket and were caught. there are people being sent back ALL the time. and at the same time they want to give them a chance to stay? that doesn't make any sense. they ALL had the option to file for SOMETHING to ensure their stay in this country. no excuses. no reasons to not be in a legal status. take that step, THAT shows how much they love their families, not hiding out in a church.
mrsserendipityFemaleCanada2007-06-14 22:59:00
CanadaAdvance Parole RIDICULOUS for USC/Canadians
here i am thinking the main thing to focus on is that we are together with our spouses. isn't that all the matters? isn't that what this whole thing is about? concentrate on your life together...wherever that may be. if you're together, screw everything else. don't even think about it. this process is about love, not convenience or pride and heck even justice, lol.

worry about building a life together instead, everything else will come :)
mrsserendipityFemaleCanada2007-06-05 15:35:00
Waivers (I-601 and I-212) and Administrative Processes (221g)expedited 601 waivers?

Expedites for waivers are usually granted only when the USC is on their deathbed or about to be deployed.

You would have to check with the consulate you are dealing with in Canada to know if you would qualify for an expedite.


thanks. turns our the consulate was wrong, as my husband and i thought. i guess she just didn't like for some reason. now our lawyer is filing a complaint because she would ask for documents, then push them back after we tried sliding them under the window, ultimately saying i did not have documents and gave me a 601 to file.

so now my husband spoke with our senator and explained the situation and he said he can get things reviewed again within a couple weeks (just need to give him the documents and dates and all that other fun stuff, a letter from our lawyer, and the documents she wouldn't take to look at)
mrsserendipityFemaleCanada2007-04-09 20:13:00
Waivers (I-601 and I-212) and Administrative Processes (221g)expedited 601 waivers?
i have a complicated case. i will try to provide everything in a nutshell.

- got denied for immigrant visa at montreal consulate april 5th
- had approved 212 and 130
- rude lady said i was unlawful in the us over 180 days and would not take a look at my documents
- i was never unlawful in the us, lawyer attempting to re-send info and hopefully they will re-look at it
- how do i fill out a 601 when all my years in the us were legal?
- would that count as a USCIS error when attempting expedited processing?

more details:

- was born in former yugoslavia, now serbia
- came to us when i was in first grade with parents when yugo was at war and falling apart
- after one month in the us, we filed asylum (legally had 1 year to file)
- it took them a long time (lost cases?) to finally deny us (USCIS states while an asylum is pending, you do not accrue unlawful presense)
- we left the us when i was 20 (had a job, graduated high school early, went to college, did everything right, which is why i think the 212 was approved)
-we couldn't go to serbia, i was really young when i left, i do not speak the language, i would not be able to find a job, a place to stay, etc
- so my family moved to canada (legally, couple weeks after denial, but before we got mandate to leave)
- we have a case pending here, getting reeeeeeally close to making decision, got to our case, asked for more documents, but since our documents are hard to get (serbia is being a b*tch, not wanting to give us certain things since we are not serbian, we speak romanian) they gave us more time than their usual days-to-get-back-to-us

- i met my husband when i was 19, everything was going well, then we got denied.
- we still kept dating since he was just in michigan and me in windsor, canada (half hour drive)
- after me being in canada 2 years, we decided to get married (we didnt rush anything, i didnt even want to go to the us after they were so rude, but i missed seeing him every day and his family and friends, so we decided to apply for 130, and 212 since i had to leave) we're been together 4 years now, seeing each other basically every day before i left and every weekend now for 3 years while i've been in canada

given that on top of me never having been there unlawfully, my case here canada might get denied any day (never know <_< ) and i might be sent to serbia, where we have inches of documents about the conditions and how they treat non-serbians, would i be able to qualify for expedited 601 waiver processing? also, the only way for us to be together is for him to go to serbia then, too. and then we can easily show how we would be facing extreme financial hardship since neither of us speaks serbian, lol

( i hope our lawyer can just re-send them my documents and they will actually read them all this time, and all this 601 b.s. can be avoided)
mrsserendipityFemaleCanada2007-04-09 05:42:00
Waivers (I-601 and I-212) and Administrative Processes (221g)USCIS.gov 's definition of UNLAWFUL PRESENSE

the rude consulate told me i was making up my own definitions of words, so in my argument back, i have printed out THEIR definitions and technicalities. and then i thought why not also post it on here, maybe it can help someone else. if it was posted before, i apologize. i did a quick search and did not find anything specific on section 212 (a) (9) (B ) (ii)

http://www.uscis.gov...Stay4023Pub.pdf


Or more up to date and complete info here:

http://travel.state....ities_1364.html


B ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235b(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

(II) Asylees.-No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.

(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I).


that IS more up to date, but not more complete. i am specifically referring to section 212 a 9 b 2, as i stated. that is the section she mentioned for me to look at. your section had a whole lot of info, and i looked at that before, but paying careful attention to the section she and i mentioned above, my link was just fine. i don't see why you had to try to up me one or something, i was just trying to help people who've gotten a 601 waiver from the consulate with that specific section. other sections refer to health problems and convictions and such.

even though now we have proved her wrong and my lawyer is filing a complaint against her and we're trying to get things straightened out.


Up you one or something???? :huh: I participate in this forum to help people and provide information since I have been through the process. Since I know where to find information, I often post the links in hopes of helping other people. Maybe this will even help you with you case.

And obviously that's all the help I'll be offering here.


Aliens Unlawfully Present

The new INA §212(a)(9)(B(i)(I) provides that any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for a period of more than 180 days but less than 1 year and voluntarily departed the United States (whether or not pursuant to section 244(e) prior to the commencement of proceedings, is excludable for a period of 3 years. The new INA §212(a)(9)()(i)(II) provides that any alien who has been unlawfully present in the United States (presence in the United States after the expiration of lawful status or presence in the United States without being admitted or paroled) for 12 months or more is excludable for 10 years.

The calculation of this period of time shall be tolled during the pendency of the application, to a maximum of 120 days, where an alien:


has been lawfully admitted or paroled into the United States;

has filed a nonfrivolous application for a change or extension of status before the date of expiration of stay authorized by the Attorney General; and

has not been employed without authorization before or during the pendency of the application;
Limited exceptions from this ground of exclusion exist for minors, asylees, family unity beneficiaries and battered women and children.

An immigrant waiver is available under INA §212(a)(9)(B(v) for an immigrant who is the spouse or son or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such alien. No court shall have jurisdiction to review a decision or action by the Attorney General regarding a waiver under this clause.

Interim guidance on unlawful presence first appeared in an INS memo dated March 31, 1997. The memo interpreted time “unlawfully present” as including any time spent in the United States by aliens after they violated the terms and conditions of any form of nonimmigrant status, because time spent in violation of status is not authorized. In addition, it stated that the tolling of unlawful presence while an application for adjustment of status was pending could not exceed 120 days. Finally, the memo stated that periods of unlawful presence prior to April 1, 1997 could count towards the ten year bar contained in INA §212(a)(9)©, even though only periods of unlawful presence after April 1, 1997 would apply to INA §212(a)(9)(B(i)(I) and INA §212(a)(9)(B(i)(II). A copy of March 31, 1997 memo appears here.


the info was great i guess perhaps it was the way the comment began "Or more up to date and complete info here:" as if my link was trivial and old and pointless. i was specific to say what section i was talking about. all i was doing was trying to help someone as well, and if you had something to add about that specific section, that would've been awesome, i just took offense to how the comment begin. i had proof that the lawyer submitted to cover all their special sections, but this specific unlawful presence section is what she was concentrating on. regardless, the whole thing is over now, and because of her mistake we have to wait even longer, lost my easter weekend plans we had, the huge family get-together, the party with all his friends and mine from the states, i had to say sorry to my job offers...everything. just because she wanted to lie and make up stuff. michigan senator who has been awesome and helping us along the way is sending our complaint with documents they already had for review but dismissed to montreal all over again...but he can get it expedited

:/
mrsserendipityFemaleCanada2007-04-10 01:36:00
Waivers (I-601 and I-212) and Administrative Processes (221g)USCIS.gov 's definition of UNLAWFUL PRESENSE

the rude consulate told me i was making up my own definitions of words, so in my argument back, i have printed out THEIR definitions and technicalities. and then i thought why not also post it on here, maybe it can help someone else. if it was posted before, i apologize. i did a quick search and did not find anything specific on section 212 (a) (9) (B ) (ii)

http://www.uscis.gov...Stay4023Pub.pdf


Or more up to date and complete info here:

http://travel.state....ities_1364.html


B ALIENS UNLAWFULLY PRESENT.-

(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-

(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e)) prior to the commencement of proceedings under section 235b(1) or section 240, and again seeks admission within 3 years of the date of such alien's departure or removal, or

(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien's departure or removal from the United States,is inadmissible.

(ii) Construction of unlawful presence.-For purposes of this paragraph, an alien is deemed to be unlawfully present in the United States if the alien is present in the United States after the expiration of the period of stay authorized by the Attorney General or is present in the United States without being admitted or paroled.

(iii) Exceptions.-

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

(II) Asylees.-No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.

(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I).


that IS more up to date, but not more complete. i am specifically referring to section 212 a 9 b 2, as i stated. that is the section she mentioned for me to look at. your section had a whole lot of info, and i looked at that before, but paying careful attention to the section she and i mentioned above, my link was just fine. i don't see why you had to try to up me one or something, i was just trying to help people who've gotten a 601 waiver from the consulate with that specific section. other sections refer to health problems and convictions and such.

even though now we have proved her wrong and my lawyer is filing a complaint against her and we're trying to get things straightened out.
mrsserendipityFemaleCanada2007-04-09 20:08:00
Waivers (I-601 and I-212) and Administrative Processes (221g)USCIS.gov 's definition of UNLAWFUL PRESENSE
the rude consulate told me i was making up my own definitions of words, so in my argument back, i have printed out THEIR definitions and technicalities. and then i thought why not also post it on here, maybe it can help someone else. if it was posted before, i apologize. i did a quick search and did not find anything specific on section 212 (a) (9) (B ) (ii)

http://www.uscis.gov...Stay4023Pub.pdf

Edited by mrsserendipity, 09 April 2007 - 03:20 AM.

mrsserendipityFemaleCanada2007-04-09 03:19:00
Waivers (I-601 and I-212) and Administrative Processes (221g)had approved 130 & 212, denied immigrant visa

Oops, well I take that back then. :blush: Carry on. . . :whistle:


hehe. it was just a horrible experience. in the 4 yrs we've been together, i've never seen him like that. she maganed to piss off even my husband. today is when i would've been going over the border, and it just blows. i had to say no to my job offering and all that other stuff :/
mrsserendipityFemaleCanada2007-04-11 04:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)had approved 130 & 212, denied immigrant visa

Sorry to hear about all your problems with Montreal, hope they get resolved quickly. . . but looks like there is someone else there too who has been causing these problems, see http://www.visajourn...showtopic=63228


that's my husband :)
mrsserendipityFemaleCanada2007-04-10 15:18:00
Waivers (I-601 and I-212) and Administrative Processes (221g)had approved 130 & 212, denied immigrant visa

well, husband just got out from meeting with our lawyer. lawyer said yeah the consulate totally f*cked up and screwed us over for no reason. there is NO reason for us to file a 601, nor could we cause i was there legally like i tried to show her.

but there's nothing we can do now. we should've gotten our visa and been back by now, but she decided to be a ######. our lawyer is filing a complain against the consulate and her specifically, and he suggested we call our senator to see if there was something that can be done or expedited since my time here in canada in running out most likely.

this makes me so mad. i was right. they had people check and double check and triple check and quadruple check... the consulate had no legal reason to deny us. but trying to do any sort of appeal to it would be silly lawyer said since they just back each other up automatically regardless and wouldnt admit they made a mistake.

so because she was a f*ckin b*tch, my entire life is screwed.

!@%#@^%$*&^(%^&$#%

My gosh. That is terrible. Is there anyway that the case can be re-evaluated by someone else at the consulate? Has your lawyer been able to talk to a supervisor on your behave? Did your lawyer say if there's anything else you could do?


my husband is sending papers from us and from our lawyer to the senator, who has been very helpful and said they will try to expedite the review process. other than that, our lawyer just filed complaints and i plan on fighting for a stricter enforcement of their treatment policies (have you read them? they made me laugh, lol)
mrsserendipityFemaleCanada2007-04-09 22:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)had approved 130 & 212, denied immigrant visa
well, husband just got out from meeting with our lawyer. lawyer said yeah the consulate totally f*cked up and screwed us over for no reason. there is NO reason for us to file a 601, nor could we cause i was there legally like i tried to show her.

but there's nothing we can do now. we should've gotten our visa and been back by now, but she decided to be a ######. our lawyer is filing a complain against the consulate and her specifically, and he suggested we call our senator to see if there was something that can be done or expedited since my time here in canada in running out most likely.

this makes me so mad. i was right. they had people check and double check and triple check and quadruple check... the consulate had no legal reason to deny us. but trying to do any sort of appeal to it would be silly lawyer said since they just back each other up automatically regardless and wouldnt admit they made a mistake.

so because she was a f*ckin b*tch, my entire life is screwed.

!@%#@^%$*&^(%^&$#%
mrsserendipityFemaleCanada2007-04-09 09:23:00
Waivers (I-601 and I-212) and Administrative Processes (221g)had approved 130 & 212, denied immigrant visa
oh yeah, and she also wrote on my original birth certificate in pen. i was born in serbia/former yugoslavia, and it was hell trying to get another birth certificate since i an not serbian and yugo doesnt exist anymore, lol.

like you were saying, she was just rude. she kept saying, after we gave her documents to prove my status, that i was making up my own definitions for words, that she doesnt have time to argue with me. she kept rolling her eyes and telling me i just dont have a clue about how the law works, blah blah blah. many times when i tried sliding the documents under the window thing she would just push it back, saying it doesnt matter. she totally dismissed my 212 (which was approved by a homeland security officer, not just some person we found on the street) stating that it was "just an approval" and so what.

i hope our lawyer can just send my info all over again and go through their 7-10-days-new-documents-review-before-issuing-a-visa thing.

if not, we both decided we're just going to make other plans. we already waited years and years, we cant wait another 1 or so, plus i dont have much time here in canada.

all our eggs are in this one basket. happy easter, eh? hah

we wish you luck, and we both hope maybe others will review your case next time, and not this mean bitter woman
mrsserendipityFemaleCanada2007-04-08 23:18:00
Waivers (I-601 and I-212) and Administrative Processes (221g)had approved 130 & 212, denied immigrant visa

which was completely untrue, but i assume they just did not read all of my HUGE packet of documents. i was in the US from age 7 to age 20. my family came on a travelers visa (while yugoslavia was falling apart and at war). we had 1 year to file for asylum, we filed the next month (we have proof of this). the USCIS website states that while you have a pending asylum claim, whether original or appeal, you do not accrue unlawful presence. it took a veeeeery long time for them to get to our appeals.

when i was 19, i met my husband. then my family received our asylum appeal was denied by 6th circuit court on september 16, 2004. we left the US and went into canada (legally, through the ambassador bridge, and received canadian papers). on november 8, 2004, after we left and were in canada, our old lawyer said we received final papers.

my husband and i have been together for about 4 years, our 130 and 212 passed with flying colors, then we go to the consulate in montreal, and she denied me because she said i was in the US unlawfully because of section 212 a 9 b 2. our lawyer is putting together my papers for them to review again since they apparently did not look at my dates properly. we all looked at that section, and it does not apply to me.

on the denial letter itself she said stayed over 180 days, section 212 a 9 b 2. but then she gave the dates: last appeal denial september 16, 2004, left october 7, 2004.

how is that over 180 days? i was never there without a valid status, we gave documents stating so. our lawyer says it was just a mistake.

any ideas?

my husband has an interview with our lawyer on monday, and i was wondering if anyone can think of what she might've been thinking happened? she offered form 601, but i was never there illegally, so i cannot fill it out, lol

side note: she was a complete b*tch the entire time we were there, and did not even ask about our relationship at all, and dismissed my 212 approval (but took out original 212 approval letter and would not give it back)


I don't mean to high-jack your thread but the lady that you're talking about at the Montreal consulate sounds like the one who did my interview. SHE refused to take my waiver packet. She was very rude to me and my USC husband. She treated us like we were beneath her. She made us so mad because it was like she had her mind made up about our case before we even got into the interview room. Was she a little heavy set and unmarried with brown hair? Again sorry to high-jack your thread. I am sorry for what has happened to you and your case. I do find it difficult talking to any at the Consulate and USCIS because they really don't have a clue. You can argue your point with their information and they still wont listen. It was the same for me with our case-just wouldn't listen even though we had all the documentation there. I wish you all the best.


i'm so sorry to hear they were rude to you and your husband, too. she seems like the same lady we had. while we were still in montreal, we had our hotel fax our lawyer our denial letter, and he said it must be just a mistake, it doesnt make any sense. he said we can still argue it before resorting to filing the 601, so tomorrow my husband has a meeting with him. when we were denied, besides the 601 waiver, she gave us a paper with how they'll process new documents. if they will finally read all of my papers where it says i was never there illegally/invalidly, it says they review "new" documentation 7-10 days. if they refuse to look at our documents again, both of our parents are getting the media involved. this is just not right. we both wish you luck!
mrsserendipityFemaleCanada2007-04-08 22:48:00
Waivers (I-601 and I-212) and Administrative Processes (221g)had approved 130 & 212, denied immigrant visa
which was completely untrue, but i assume they just did not read all of my HUGE packet of documents. i was in the US from age 7 to age 20. my family came on a travelers visa (while yugoslavia was falling apart and at war). we had 1 year to file for asylum, we filed the next month (we have proof of this). the USCIS website states that while you have a pending asylum claim, whether original or appeal, you do not accrue unlawful presence. it took a veeeeery long time for them to get to our appeals.

when i was 19, i met my husband. then my family received our asylum appeal was denied by 6th circuit court on september 16, 2004. we left the US and went into canada (legally, through the ambassador bridge, and received canadian papers). on november 8, 2004, after we left and were in canada, our old lawyer said we received final papers.

my husband and i have been together for about 4 years, our 130 and 212 passed with flying colors, then we go to the consulate in montreal, and she denied me because she said i was in the US unlawfully because of section 212 a 9 b 2. our lawyer is putting together my papers for them to review again since they apparently did not look at my dates properly. we all looked at that section, and it does not apply to me.

on the denial letter itself she said stayed over 180 days, section 212 a 9 b 2. but then she gave the dates: last appeal denial september 16, 2004, left october 7, 2004.

how is that over 180 days? i was never there without a valid status, we gave documents stating so. our lawyer says it was just a mistake.

any ideas?

my husband has an interview with our lawyer on monday, and i was wondering if anyone can think of what she might've been thinking happened? she offered form 601, but i was never there illegally, so i cannot fill it out, lol

side note: she was a complete b*tch the entire time we were there, and did not even ask about our relationship at all, and dismissed my 212 approval (but took out original 212 approval letter and would not give it back)
mrsserendipityFemaleCanada2007-04-08 05:00:00
Waivers (I-601 and I-212) and Administrative Processes (221g)this is creepy
that to plan this:

i just realized i arrived to the US november 8, then i was asked to leave november 8, decade and a half later

and no, i didnt have 1-year cases

:huh:

ha ha
very funny

<_<


so i guess this is life's way of saying "hey at least i have a sense of humor"

:blink:
mrsserendipityFemaleCanada2007-04-12 04:57:00
Waivers (I-601 and I-212) and Administrative Processes (221g)News from Vermont
oh and also, i just did a quick search. here's some stuff from a canadian visa immigration lawyer's FAQs. this sounds so much easier and more compassionate for both sponsor AND sponsoreeeeee, hehe

http://www.canadavis...ponsorship.html

21. How long will the entire Sponsorship Application process take?
Spousal, Common-law or Conjugal Sponsorship Applications and the Sponsorship of dependent children are a priority at all
Canadian Immigration Visa Offices and such applications are processed ahead of all other applications for permanent residence in Canada.

The length of the Sponsorship Application process varies depending on the Canadian Immigration Visa Office to which the Sponsored person's Application For Permanent Residence In Canada has been forwarded.

14. What documents must the Sponsor submit?
The Sponsor and the Sponsor's co-signer, if applicable, must complete and submit:

* An "Application to Sponsor and Undertaking"
* A "Sponsorship Agreement"
* A "Sponsorship Evaluation"
* A "Spouse/Common-law Partner Questionnaire" and,
* If applicable, a "Use of Representative" form


The following additional documents are required:

* The "Statutory Declaration of Common-Law Union" form (only required where the Sponsor's co-signer is a common-law partner);
* Documents supporting the sponsor's Sponsorship Evaluation, which may include:
o Tax returns
o Notice of Assessment from Revenue Canada
o Pay stubs or letters from employers indicating salary and length of time employed
o Proof of other income such as rental and pension income, and
o Proof of financial obligations such as mortgages, property/school taxes, personal loans/lines of credit, alimony payments and insurance payments.

* Documents demonstrating the Canadian status of the Sponsor, which may include a:
o Permanent Resident Card; or
o Record of Landing; or
o Canadian Birth Certificate; or
o Citizenship Card; or
o Certificate of Registration of Birth Abroad together with Certificate of Retention of Canadian Citizenship; and

* Documents demonstrating relationship to the Sponsored person(s), which may include:
o Marriage certificates
o Adoption orders
o Passports indicating identity of parents/children


If the Sponsor resides in the Province of Quebec, corresponding forms provided by the Quebec Government will be required in addition to the Federal forms.

15. What documents must the Sponsored person(s) submit?

* The Sponsored person(s) must submit an Application For Permanent Residence in Canada.
* The Sponsored person's spouse, common-law partner or conjugal partner and each dependent child aged 18 or over (whether accompanying the Sponsored person or not) will each be required to complete and submit a Schedule 1 form.
* Applicants destined to the Province of Quebec will be required to complete an Application for a Quebec Certificate of Selection form.


The following additional documents are required:

* Statutory documents, such as:
o Police Clearance Certificates
o Birth certificates
o Household register forms
o Valid passport and ID cards, etc. and

* Documents proving the relationship to the Sponsor, such as:
o Marriage certificates
o Birth certificates
o Household register forms

19. Can a Sponsored person work or study in Canada if their application is being processed in Canada?
While waiting for their Canada Immigration Visas, Sponsored persons are allowed to work or study in Canada only after the Sponsorship Application has been approved in principle by Citizenship and Immigration Canada. They will then be granted an Open Work Permit or a Study Permit.

Of course, if the Sponsored person was already in Canada on a valid Work Permit or Study Permit, they may continue to work or study as the case may be.
mrsserendipityFemaleCanada2007-04-12 00:47:00
Waivers (I-601 and I-212) and Administrative Processes (221g)News from Vermont

mrsserendipity, Thank you for the links! Nice to see that they are pretty quick!! Thank you for your well wishes too! I wish you the best and I hope they stop being such jerks to you. It's kind of funny but as I went through the whole process I kind of felt like a trained monkey. Hear the bell and run! Only instead of a bell it was check online...check the mail...get something...run run run!! As much as I wanted to have it go through, I find myself at peace that I don't have to deal with them anymore.


good analogy. i can imagine how wonderful that peace feels. bittersweet, but still peace. now when people ask how i stay in shape i say i just jump through hoops. i call it the Immigration Diet. i cant remember ever having that peace, having dealt with b.s. since i was really young. almost 2 decades of b.s. have cause me to develop a mental illness as well. soon hopefully i can just relax. for once :) i still havent lost hope.

yeah canadian spousal sponsorship seems easier. are you close to your hubby? does he have a fancy job, or can he relocate for a few months (or travel)? i'm right across the bridge from him in windsor. its such a tease, lol. many times i just park by the river and watch detroit...like half a mile away. id daydream about just swimming through or skating over in the wintertime, but im just not that kind of person. but it is just such a tease. i miss it. it's where i grew up. but because our last lawyer in the states was a dummy (and got his lisence expelled, too, so we were left with no lawyer), they screwed with my parents and since i was under 21 i was included in their claim and now cannot seem to rid myself of their baggage. we were never there unlawfully, no record, nothing. i think the US just doesnt like me, heh :/

ive been in canada about 2 1/5 years, so i dont know much about how everything works. i know the senator for michigan has been helpful, and i think they're called MPs here? maybe they can help your case pass by faster. i wouldnt even mention that you tried applying in the states or any of that stuff. clean fresh start :) have you looked at lawyers? ive found that the fancy really are worth it, heh
mrsserendipityFemaleCanada2007-04-12 00:34:00
Waivers (I-601 and I-212) and Administrative Processes (221g)News from Vermont
canadian processing times. sponsorship canadian-style seems way easier.

http://www.cic.gc.ca...tml#sponsorship

and

http://www.cic.gc.ca...fc-spouses.html

i'm so sorry again :/ i wrote earlier but i just feel so bad so i had to write again. i was in the US legally from age 7-20 and the consulate was a royal biznitch, saying i wasnt legal but not telling me how or why. and being SO rude. so now we have several complaints sent out by lawyer about her to several angencies, as well as the senator who's said he'd even help expedite the review.

they all need some sensitivity training.

if i didnt grow up in the US and have so many friends and family, i would prefer canada.

i bet i've lost a million pounds by now jumping through their hoops

(F)
mrsserendipityFemaleCanada2007-04-11 05:20:00
Waivers (I-601 and I-212) and Administrative Processes (221g)News from Vermont
i'm sincerely sorry. i know how a hard blow feels. sometimes there just ISN'T justice, and sometimes we get people who decide our cases who are just having bad days and taking it out on us.

i think many of the people who make the decisions act like many people do in relationships: they judge new partners based on old partners, and bring baggage where there is none.

i truely am sorry. i've been dealing with immigration since i was 7 yrs old, i'm now in my mid-20s and married and still getting bullsh*t

i wish you happiness and peace and luck
mrsserendipityFemaleCanada2007-04-08 05:07:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Conversation with DOS agent about AP/AR
i understand certain countries have certain laws and rules and guidelines- what is AP/AR? i noticed some people get the visa the same day, others through mail, and some go through AP/AR. why does it take so long for it to process? i'm sorry, i am not familiar :blush:

i also noticed montreal is doing an AR according to the timeline- how do they decide who gets it right away, who needs AP/AR?

i'm going through montreal, and i wasnt aware there was any processing after the approval. :unsure:


i'm reminded of a quote i think applies to all this immigration b.s.

"No one said it would be easy, they just promised it would be worth it."
mrsserendipityFemaleCanada2007-04-12 01:31:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Questions concerning RFE

for our interview she didnt ask ANY question at ALL about our relationship. she came in, looked at my approvals and said denied because i was unlawful in the us over 180 days. which was complete bullshit, our lawyer provided them with evidence and i got clearance from homeland security. i was legally in the us from age 7-20, my last papers were denied, i left within 2 weeks. in fact she even wrote those dates ON the denial "section 212 a b 9 2, unlawful for over 180 days. denied september 16, 2004, left october 7, 2004.

i have NO idea what her problem was. we had evidence from all 4 yrs of our relationship. she didnt even ask for affidavit of support...NOTHING. just took my xpresspost envelope and my original approval papers and said dismissed, free to go, here's a 601 waiver to file. my husband wrote about it in the canada section of visajourney.


That sucks; I read a little bit about that. I really hope that gets sorted out and from what I hear, that woman deserves a date with a pink slip.


yeah, i'm still in my b*tching i-can't-believe-she-did-that stage. i should pass this stage soon :blush: i know it SHOULNT be about personal judgement, but that's exactly what it felt like, and actually...was. i wish they COULD present her with a pink slip (i dont know how their disciplinary system works). and then when she tries to appeal it, they should say DENIED! :dance: :unsure: :innocent:
mrsserendipityFemaleCanada2007-04-12 02:04:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Questions concerning RFE

i really dont understand how AFTER the 130 was APPROVED, they're asking for more evidence.


An I-130 just means you're qualified to apply. I would think the relationship validity test would come later. We didn't have any such tests; I guess it was obvious to them that the relationship was real.

WHAT MAKES THESE PEOPLE QUALIFIED TO JUDGE RELATIONSHIPS?
ok i understand they have an extensive knowledge of the law...but RELATIONSHIPS? where are THEIR movie stubs and concert tickets, eh?

come to think of it, i dont recall seeing a ring on her finger

i guess ours was lazy to look through our huge 130 approved file, so she decided to flat out lie


They're not judging your relationship, they're judging whether the relationship is a real one or whether it's a fake designed to get the immigrant into the United States. The UK used to have stringent 'primary purpose' laws and they were far more invasive than those in the US. You could be investigated, or you could simply be refused entry into the UK after the visa was issued if the immigration officer had any doubts.

The point of proving a relationship exists is to prove that you're eligible to get the visa. If your relationship is real, you should not have any trouble. I had to provide similar documents to the Home Office to get my fiancee visa to the UK; it's no big deal. It's just part of the process. They're not judging you as people.


for our interview she didnt ask ANY question at ALL about our relationship. she came in, looked at my approvals and said denied because i was unlawful in the us over 180 days. which was complete bullshit, our lawyer provided them with evidence and i got clearance from homeland security. i was legally in the us from age 7-20, my last papers were denied, i left within 2 weeks. in fact she even wrote those dates ON the denial "section 212 a b 9 2, unlawful for over 180 days. denied september 16, 2004, left october 7, 2004.

i have NO idea what her problem was. we had evidence from all 4 yrs of our relationship. she didnt even ask for affidavit of support...NOTHING. just took my xpresspost envelope and my original approval papers and said dismissed, free to go, here's a 601 waiver to file. my husband wrote about it in the canada section of visajourney.
mrsserendipityFemaleCanada2007-04-11 06:10:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Questions concerning RFE
i really dont understand how AFTER the 130 was APPROVED, they're asking for more evidence.

what do they want- an x-rated video of our sex lives?

then again, maybe. lol

i wonder if our "interview" would've gone fine if we had a male.

*high five*
"dude, she's hot, congrats on the marriage. visa's in the mail."

oh and ALSO,

WHAT MAKES THESE PEOPLE QUALIFIED TO JUDGE RELATIONSHIPS?
ok i understand they have an extensive knowledge of the law...but RELATIONSHIPS? where are THEIR movie stubs and concert tickets, eh?

come to think of it, i dont recall seeing a ring on her finger

i guess ours was lazy to look through our huge 130 approved file, so she decided to flat out lie
mrsserendipityFemaleCanada2007-04-11 04:56:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Questions concerning RFE
i included everything from the wedding, from our open bar tab to my wedding gown receipt, lol. also, letters from anyone and everyone that can say nice things about your relationship. we had letters from our parents, his friends and brothers and brother's wife and his cousins and aunts and grandma...i spent a lot of time with them, we have dozens of letters from people, even the ladies his mom worked with. thing is than you need to get all their birth certificates and them things notarized and such, but they're worth it. it says a lot that people are going on record and putting their names out there supporting a visa. also, it should be easy and painless to get your name added to all his bank account and such. this also says a lot that the guy is trusting you with his money, lol. we also bought bestbuy electronics together and both our names were on the cards, so we included those too (i guess the big screen we bought and laptop were were it, even though i still dont understand why men need 70 inch tvs and stuff, lol). getting names added to bank and credit cards is fairly easy. tax papers where he claimed you? although sometimes they are instructed to not claim out-of-country relatives, and if so, get a letter from the accountant. we did that, too. his accountant said to not claim me because if it leads to him getting a bigger tax return, it will look fishy or something, but we had a notarized statement from him. i guess just little things if you dont have the big stuff. we never saw this whole mess coming either, and they have to understand that unless you DO go into a relationship for a visa, you really DONT save everything.

good luck :)
mrsserendipityFemaleCanada2007-04-10 01:23:00
Waivers (I-601 and I-212) and Administrative Processes (221g)Questions concerning RFE

Oh and I forgot- How do I get my hands on a police certificate when I've been in Canada for the last three years?


i did some searching, this page provides information about obtaining fingerprints and a us police certificate if you are in canada.

http://www.amcits.co...certificate.asp


:)

quick edit: oh yeah, and what are all our 130s or 129s or waivers or whatever we filed for, if their approval means nothing when we go to the consulate? <_<

Edited by mrsserendipity, 10 April 2007 - 12:59 AM.

mrsserendipityFemaleCanada2007-04-10 00:57:00
CanadaMy wife's interview on April 5, 2007 in Mtl

sorry for the bump of an older post, i linked from your wife's post.

we had what appears to be the same interviewer, named Maya. older members can attest to my shock at dealing with her as well. In our case she misapplied some clearances and it took 7 months to clear up. Im sorry to see she is still causing issues, although I may have misunderstood what the problem is.

- asylee case never approved subsequently left on own free will, just not when they wanted her to? is 180 days accurate?


she even stated on the denial letter that i was denied september 19, 2004 and left couple weeks later. i don't understand. but then she said denied. for what reason? she had those dated right in front of her. we gathered our entire life in a couple of weeks and left the first week in october. since they didn't receive anything from the border i assume (that we left. we weren't trying to hide anything, we even had our denial with us to show we left within a couple weeks)...they sent a mandate to leave NOVEMBER. when we told her that (although she could've seen if she actually read our files) she simply said "mandate? what's a mandate? i don't know what a mandate is." seriously #######. so in our letters to her to re-review we gave her a little refresher course in the laws and regulations and vocabulary.

the senator's office immigration helper went over our case and saw absolutely nothing wrong and no unlawful presence. but she just won't even look at it now.

edit: sent in november that we had 180 days AFTER november to leave.

Edited by mrsserendipity, 02 May 2007 - 08:35 PM.

mrsserendipityFemaleCanada2007-05-02 20:34:00