Can i overturn a US border patrol ban? (for a Canadian)?
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Funny story, few years ago my parents moved their business which was worth around 2-3 million USD from Canada to the USA for a better opportunity to expand. 6 Years later and 50k on application fees they never gave us the green card and wanted us to reply for the 6th time so we were like screw it and decided to move the business back to Canada. 3 weeks ago we started to move back our stuff to canada so my dad had to export his Car and get a canadian license, at the export office at the Lewiston-Queenston border they told him he is banned for 10 years in the US for not being in the country legally and overstayed his visa and wanted to see the immigration documents (he didnt have the paper work on him cause he didnt think he will need it). So few days later he had the paper work fed-ex to him and tried crossing back in to the States again so he can bring back more stuff and sell our house and factory/store and once again the border patrol agent said he is banned for 10 years and will get arrested if he tries to enter again. Even though he offered the agent the proper immigration papers to look at and even told them he his side of the story they didnt care and told him to go back to Canada. My question is what the hell do we do now? and How can my dad overturn his 10 year ban to enter the US so he can sell the house and factory and bring back his stuff?
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Answer:
The 10-year bar can -- only -- be overcome via an I-601 waiver. In order to get it a qualifying RELATIVE who is a U.S. citizen would have to show incredible hardship. Think a spouse in a wheelchair, a baby with a life-threatening illness, and your dad being the sole provider for both for many years. Don't think it applies to your dad's case. He would need an immigration attorney specialized in waivers. If you need heart surgery, you don't go to the doctor next door, you see a cardiac surgeon instead. Once of the best waiver attorneys is Laurel Scott. Google Laurel Scott Immigration and schedule an initial consultation. She does nothing but I-601 and I-212 waivers, day in, day out, every day of her life. Her retainer is about $8K for an I-601 waiver, but if there's a way, she'll find it.
evilprin... at Yahoo! Answers Visit the source
Other answers
what kind of visa did your dad have? If all you guys just came to the US as tourists without getting a greencard or investors visa first, yes, you would end up with problems. But your lawyer should have pointed all this out to you. Sounds like somebody screwed up. Generally sounds like the original visa expired and wasn't renewed. Depending on circumstances you couldn't wait in the US until all the decisions are made without renewing your visas. Also reapplying for a greencard 5 times seems to be pointless unless errors were made (and with a lawyer, there shouldn't be any) or circumstances changed clearly. Generally you can get an investor greencard if you create at least 10 jobs for US citizens. You might have had an incompentent lawyer - then it would have been time to change lawyer after the first rejection.
tigrillen
Well, I would have hoped that your family had an immigration attorney to assist them with this process. If not I can see why they had problems. http://www.ailalawyer.com
Yak Rider
Your story does not make sense if as you say you paid a $50,000 fee,which on its face is exorbitant, that means you were approved to live and work in the U S and they would have issued you a green card
RayHere
The10 year ban is because you overstayed a visa by at least a year .... if you had an L visa you probably never renewed it .....but we have no idea give it to a Aila lawyer to sort out you can get agents/friends to sell things off
Uncle
Tigrille answered perfectly. ( the country do not lets illegals in..they break the law)
Computer no tiene acentos
Sounds like typical American BS to me. You would think there is a reasonable appeal process within that agency, but then again, this is America we are dealing with. Try a different border crossing? Send someone else to take care of it?
Daniel
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