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Can I Still Get A Green Card Through My Siblings After An Entry Ban Expires

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  • #16
    You should apply for a tourist visa at a US consulate so you can get a comprehensive evaluation of your admissibility. While your unauthorized stay in the United States from 1998-2003 should have rendered you inadmissible, you were evaluated as admissible when you were granted a F-1 visa in 2003. Even you were issued a student visa in error, that period of inadmissibility ended in 2013. I see no reason why you would be found inadmissible today

    If you are inadmissible, however, you won't win a 212(d)(3) waiver with those reference letters
    Last edited by inadmissible; 12-07-2017, 12:46 PM.

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    • #17
      Do I use the DS-160 application for a B2?

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      • #18
        Originally posted by inadmissible View Post
        I see no reason why you would be found inadmissible today

        If you are inadmissible, however, you won't win a 212(d)(3) waiver with those reference letters
        I will require a waiver until 2021 according to the CBP officer, but it's supposed to be 2020. So you are saying that is wrong as well? Even though I returned to Canada in 2006 and turned in my F1 to U.S. Customs at the Airport and then went back to the States as a visitor the same day and then returned to Canada on January 2, 2010?
        Last edited by Laudawa; 12-07-2017, 02:03 PM.

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        • #19
          Originally posted by inadmissible View Post
          You should apply for a tourist visa at a US consulate so you can get a comprehensive evaluation of your admissibility.
          Canadian citizens do not generally apply for US visas for most types of nonimmigrant status.

          Originally posted by inadmissible View Post
          While your unauthorized stay in the United States from 1998-2003 should have rendered you inadmissible, you were evaluated as admissible when you were granted a F-1 visa in 2003. Even you were issued a student visa in error, that period of inadmissibility ended in 2013. I see no reason why you would be found inadmissible today
          The OP's information has been confusing but it seems the OP is saying they left the US after F1 status in 2006 and re-entered as a B2 visitor in 2006 and stayed until 2010. It's that 2006-2010 overstay that is the issue now.

          This is my personal opinion and is not to be construed as legal advice.

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          • #20
            I went back to the port of entry where I was stopped, and got them proof from the Canadian government that I returned to Canada in 2010, not 2011, and they fixed my entry ban from 2021 to 2020. Everything is back to normal now. I waited three years in Canada for my entry ban to end. I visited my family in the U.S. in January of 2020 for two weeks, and returned to Canada.

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