To DEE

Canada Immigration Forum (discussion group)


 
visaplace.com            
Subject: To DEE

Dee, you son might be able to go back to US on a student visa. But, you will have to pay for his high school. It won´t be free.

[29-11-2006,11:33]
[**.16.190.115]
Sam
To Dee (in reply to: To DEE)
His current public school will not sponsor him for a students visa. I need to check out the private schools which will be able to do that. Also, it seems they are not too happy to take in a student in the middle of his final year - so it really makes it complicated.
[29-11-2006,13:56]
[***.214.229.124]
dee
To Dee (in reply to: To DEE)
Sam - I made a few calls and found that there is some ruling where a public school might issue an I20 - but the school needs to approach SEVIS help desk. I have left msgs with the school to do so, let´s see what happens, will keep you posted.


[29-11-2006,14:36]
[***.214.229.124]
dee
(in reply to: To DEE)
Dee,

The I-20 is exactly the USCIS translation of "sponsorship" in immigration terms. The future student obtains an I-20 form from the sponsoring school, which then is used to apply for a student visa. My wife came to the US as a student, I kind of remember the procedure.., but back then SEVIS did not exist. Today´s procedures may be different.

When is the expiration date of your Canadian PR visa? I mean, when can you land in Canada the latest?

Could you otherwise travel to Canada (or other country for that matter) and return to the US under your current visa? If this was the case, you could land now, all together, then return with your son to the US, let him finish his last year at the US school, then move to Canada for good when he is done.
I am trying to think of a way.. It isn´t easy, with the Americans being as intolerant as they are..

Here is some info on student visas, though I am not sure you can accomplish all this in such a short time:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=27bc6138f898d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=28819c7755cb9010VgnVCM10000045f3d6a1____

Good Luck!

Uniden

[29-11-2006,16:11]
[**.8.64.44]
Uniden
Dee (in reply to: To DEE)
My deadline to land is Dec 16th and we all land on Dec 14th so it cant be any later. Our current L1/L2 visas have expired so we cant return on those. However, our B1/B2 visas are still valid. However, one cant go to school on that and that is why we are looking at this F1 option or any other option. Worse case will be that he will have to repeat his grade 12 in canada and lose one year before going to the university.


[29-11-2006,16:22]
[***.214.229.124]
dee
(in reply to: To DEE)
Dee,

How long ago did your L1/L2 visas expire?
I will tell you why I am asking this, but I need your answer first.

Should everything fail, and should you have to decide which way to go when everything changes for the worst, then I strongly belive that having to repeat 12 grade in Canada is definitely the lesser evil, all things considered.
I bet you son would love to punch me in the face for saying something like that, but think that at the end of the day he will be a Canadian PR in a few weeks, and you will not have to fight for keeping your family together, sponsoring, PR applications, F1 visa, etc.
You could have everything on a silver platter at the cost of repeating 12th grade. Dee, put everything on a balance.. and let common sense decide if you are not able to do it. I would love to see all of you happy, including your son. Sometimes I wake up in the middle of the night and wish I could say "Thank you!" to my parents for the smart decisions they have made for me when I was a kid, at a time when everything they did FOR me seemed to be AGAINST me. The most important things I have learned in life are that long-term investments (not just money) are far better than quick gratification, that good things sometimes are "disguised" as bad things.., and NEVER assume anything!

Uniden

[29-11-2006,16:44]
[**.8.64.44]
Uniden
To Dee (in reply to: To DEE)
They expired sometime last year but we had made an appeal to reconsider so we had to be in the country while they processed it. Last month the appeal was denied so we have decided to leave.

Awaiting your input...

[29-11-2006,18:59]
[***.214.229.124]
dee
(in reply to: To DEE)
Dee,

I am sorry to give you even more bad news, that will leave only one option as far as the landing goes: LAND + REPEAT 12th GRADE!

You say your visas have expired sometime last year. What follows now is very simple:
1. If your visas expired less than 6 months ago, which can´t be true based on your most recent reply, then you are Ok all the way. But you aren´t Ok, because..
2. If your visas expired more than 6 months ago but less than a year ago, then you are barred from re-entering the US for 3 years.
3. If your visas expired more than 1 year ago, then you cannot enter the US again for 10 years.

There are only 2 exceptions to this rule: NIW (national interest waiver) - i.e. Do you do research on teleportation or know where Osama hides?!?, OR if you are married to a US citizen and you are NOT in the US while applying for a family-based US visa via consular processing.

You do not calculate the date of your visa´s expiration based on when the decision was made after your appeal, but in case of a negative decision then expiration date is the original date when your visa expired, which is "sometime last year".

You may think I am speculating now, but I am absolutely giving you the naked facts. I am currently out of status in the US myself, I have some very famous and expensive immigration attorneys that worked on my case and NOTHING can be done. I know the US immigration law almost word by word.. The 3/10 year re-entry bar is only being triggered upon exiting the country. You are fine for now, but once you exit the US you will be flagged as "inadmissible" for 3 or 10 years.

I am sorry about the bad news, but you still have the option to get advice from someone else. I only know these regulations so well because I am in a similar situation myself AND because I am never happy with the information someone else gives me unless I am 110% sure that it is indeed the truth. I have a bookmark in my web browser pointing to the INA (US Immigration and Naturalization Act) and I have read it from left to right from top to bottom until I knew that I am a hopeless case myself. The best thing that could have happened to you is to have received the Canadian PR. You are indeed lucky as I will be some sunny day.

If there is any objection to what I have said, from you or any othere reader of this forum, or any other facts that we should consider here together, please write again and we will do the math together and find a solution if there is one. I don´t like to give up either. I never did and never will!

Uniden

[29-11-2006,21:00]
[**.8.64.44]
Uniden
To Dee (in reply to: To DEE)
Thanks for such a detailed response. I had expected this too. But I have a question - when we become Canadian PRs and after 3 years, become Canadian citizens, will it be possible to travel to the US?
[29-11-2006,21:15]
[***.214.229.124]
dee
(in reply to: To DEE)
Dee,

I know for sure that this is not possible while you are "only" a Canadian Permanent Resident. The bar is still valid for landed immigrants.. Friends of mine who were out of status in the US for more than 1 year and now live in Toronto, were not able to cross back into the US in their 3rd year in Canada. They will try again next year when they become Canadian Citizens and when they will hold a Canadian passport.

Dee, you can try.. the worst thing that can happen is for them to say "no", then you simply return to the Canadian side of the border and try again when you become a citizen..

Again, sorry about the bad news today, but I hate to put sugar on something just for the fun of it. Your situation is very serious indeed. I would sit down with your son and tell him the facts as to an adult. He is actually an adult.. but it remains to be seen if he gets over the embarassing fact that he will probably have to repeat one year in school. What you should tell him to encourage him in supporting you in your decision, is that repeating one year is NOT because he is not competent, but because of much higher influences beyond our control. Unfortunately, the situation you find yourself in today is not reversible, but you should definitely focus on how to shape your future from this point on. You will make it in life, and so will your son. I wasn´t able to eat for about a week when I first heard about the pathetic legal situation I was in some time ago. I am trying now to fix what I can and to be as proactive as possible. It didn´t kill me, that´s for sure.. it actually made me harder..

I wish you the best Dee, come back and give us updates on your decisions. It feels so GOOD to see people succeed.

Uniden

[29-11-2006,21:31]
[**.8.64.44]
Uniden
(in reply to: To DEE)
I would look for a summer program in Canada that will let your son graduate in time for the fall college term. You may also migh be able to simply take some test to prove proficiency in the required areas.

Or just finish HS a little late and have your son gain some work experience before starting college. I worked for two years before starting college - a finacial reality. Being two years older than most of my classmates did not hurt and the wait did not kill me.

Also, your son could take general studies courses that are required for his college during the wait and transfer the credits when he enters. That will get some of the boring stuff over with and he can focus on his core classes. Just check his college accepts them. Or just start a semester late.

Anyway, the extra time between High School and College may be a blessing in disguise. It helped me think about what was important. 50% of my freshman class dropped out or transfered by the end of the first year. Most had not really thought through why they were going to college or even if their major was appropriate for them.

Good luck.

[30-11-2006,01:47]
[**.237.136.5]
Anonymous