Banned From US, Seeking a Way In

[jagota_j]

Hi there,

This inquiry is regarding a friend of mine. She came to Canada in 2001 and got her citizenship in 2011.

In 2002, she tried to illegally cross from Canada to US without a US visit visa and was consequently banned for 5 years (from 2002-2007). She did this to meet her husband who was working in US at the time.

Then in 2009, after the 5 year ban was uplifted she again tried to cross the US border without a US visa, again got a ban but this time for 10 years. She did this because she had to get the immigration landing process done for her daughter and had to drive her through there to the US border.

Sometime back she had also applied for a visit visa which was refused by the US embassy on the grounds that she might not leave US and return back to Canada.

Now her father-in-law is in extremely bad health in US and she deeply desires to visit him but the current US ban prevents her from doing so.

Is there any work around by which she can visit her father-in-law in US? Is there any kind of pardon she can apply for?

I know she screwed-up twice but trying to see if there's anything that can be done for her.

I appreciate you taking the time to read this and share your perspectives.

Thank you

Cheers

 

[Dejaavu]

She would need to find an immigration lawyer since it is a complicated case. I heard about waiver of inadmissibility on 10 year bans if there is a petitioner who is a US citizen/permanent resident and would experience extreme hardship due to inadmissibility.

 

[scylla]

She would need to find an immigration lawyer since it is a complicated case. I heard about waiver of inadmissibility on 10 year bans if there is a petitioner who is a US citizen/permanent resident and would experience extreme hardship due to inadmissibility.

Petitioner would need to be a spouse.

 

[farrous13]

Why did she cross illegally? Why didn't she apply for a visa? Curious.

Hi there,

This inquiry is regarding a friend of mine. She came to Canada in 2001 and got her citizenship in 2011.

In 2002, she tried to illegally cross from Canada to US without a US visit visa and was consequently banned for 5 years (from 2002-2007). She did this to meet her husband who was working in US at the time.

Then in 2009, after the 5 year ban was uplifted she again tried to cross the US border without a US visa, again got a ban but this time for 10 years. She did this because she had to get the immigration landing process done for her daughter and had to drive her through there to the US border.

Sometime back she had also applied for a visit visa which was refused by the US embassy on the grounds that she might not leave US and return back to Canada.

Now her father-in-law is in extremely bad health in US and she deeply desires to visit him but the current US ban prevents her from doing so.

Is there any work around by which she can visit her father-in-law in US? Is there any kind of pardon she can apply for?

I know she screwed-up twice but trying to see if there's anything that can be done for her.

I appreciate you taking the time to read this and share your perspectives.

Thank you

Cheers

 

[Msafiri]

Hi there,

This inquiry is regarding a friend of mine. She came to Canada in 2001 and got her citizenship in 2011.

In 2002, she tried to illegally cross from Canada to US without a US visit visa and was consequently banned for 5 years (from 2002-2007). She did this to meet her husband who was working in US at the time.

Then in 2009, after the 5 year ban was uplifted she again tried to cross the US border without a US visa, again got a ban but this time for 10 years. She did this because she had to get the immigration landing process done for her daughter and had to drive her through there to the US border.

Sometime back she had also applied for a visit visa which was refused by the US embassy on the grounds that she might not leave US and return back to Canada.

Now her father-in-law is in extremely bad health in US and she deeply desires to visit him but the current US ban prevents her from doing so.

Is there any work around by which she can visit her father-in-law in US? Is there any kind of pardon she can apply for?

I know she screwed-up twice but trying to see if there's anything that can be done for her.

I appreciate you taking the time to read this and share your perspectives.

Thank you

Cheers

So your friend was placed under expedited removal proceedings leading to a 5 year ban then decided to break the law again. I'm surprised about the 10 year ban the second time round. 10 Year bans normally if you overstay your admission by more than 12 months. Those 'landing' in Canada can flagpole and this is a common occurrence for CBP without an impact on US admission so it seems there is more to this story about the daughter - was she not a dependent in your friend's original PR application? She needs a waiver which as above are hard to come by as this would be based on hardship to a US/LPR spouse/parent - maybe you can argue the parent in law qualifies as a 'parent' but what hardship do they face because you are banned from the US? Get an experienced US Immigration lawyer for this.

 

[jagota_j]

@Farrous13, Scylla, Dejaavu: I appreciate you sharing your perspective with me
@farrous13: she mentioned she just took a risk.