Canadian Married to a USA spouse - NEED HELP!

[Ed2727]

Dear Immihelp users, thank you for your help in advance. My world has been turned UPSIDE down by my lawyer's bad advice (

My wife and I got married in 2014 in Taiwan. She has dual citizenship and USA permanent resident. I am dual too - Taiwanese & Canadian

We moved to NY in May 2015. We bought a house and she started working at her old job. I left every 6 months on the Canadian-USA B2 visa entitling up to 6 mths

In September 2016, we hired a 1) immigration lawyer to help with our I-130 application.

Last week I made another visa run to Canada. Unfortunately I was stopped by the US Customs when I wanted to return and am stuck in Canada. Main reason for: my lawyer had told me that I should mention & bring my I-130 application in case anything happened. So during the questioning, I mentioned this and my US address. I also had no return flight either

Looking back, I understand I was suppose to do the EXACT OPPOSITE what my lawyer Recommended!!

Us customs produced a document called WITHDRAWAL OF APPLICATION FOR ADMISSION. Reason was APPLICATION for Admission Withdrawn. They wanted me to sign it but since my lawyer wasn't present so I didn't.

Reason given: pursuant to 212a 7 A I I of the INA. I was allowed to withdraw my application.

1) original lawyer advised me to try for a visa here and would amend my I-130

2) So I consulted lawyer #2 from NY (friend). He has 1 year experience in the field. He said he didn't think there was a record of me... also advised me to buy a return flight and try it again but DONT MENTION I-130 and USA address

3) Consulted Canadian lawyer: when he heard that I had shown my I-130, he flipped out & said no way he can help me whatsoever.

4) a friend's Canadian border control supervisor: agreed with 1) apply for a visa at USA consulate. When I mentioned I had a Taiwanese passport (is in visa waiver program) and if I can try that to get in USA , she said NO WAY and said US customs weren't that stupid and that I would get in trouble.

I want to return to my life in NY ASAP. My I-130 should be accepted May 2018

So I have 4 so-called experts: what should I do???

Thank you!!

[Davisgraham]

Hi,
I will tell you, apply for Visa here but not mention USA address.
If you have any confusion, contact with your family attorney.
Thanks!!

[daggit]

A denied admission means you are no longer admissable under VWP. You may either thy again by presenting yourself at the border, failing which, apply for a visa at a US Consular Post.

Never, ever hide facts. CBP has the ability to pull up your pending i130 by accessing USCIS databases.

And lastly, beware of shady lawyers.

[newacct]

Being allowed to withdraw your admission is a good thing; it means they let you voluntarily leave and they are not removing you. I am not sure what not signing it means. You were flying from Canada and went through preclearance in Canada, right? If so, they could not "remove" you when you are in Canada anyway, so it probably made no difference that you didn't sign it.

I don't think you should apply for a visitor visa because Canadian citizens don't need US visas, and they probably wouldn't issue you one even if you tried to apply, and it would look suspicious. Canadians already can visit for as long as people on visitor visas can, so it wouldn't make any sense to get a visitor visa. You wouldn't apply for a visa -- you would just try to go to the US, and see what happens. Don't lie about anything, but you don't need to tell them anything if they don't ask.

Is your wife close to naturalizing?

[Ed2727]

Thanks for all the replies

Being allowed to withdraw your admission is a good thing; it means they let you voluntarily leave and they are not removing you. I am not sure what not signing it means. You were flying from Canada and went through preclearance in Canada, right? If so, they could not "remove" you when you are in Canada anyway, so it probably made no difference that you didn't sign it.

I don't think you should apply for a visitor visa because Canadian citizens don't need US visas, and they probably wouldn't issue you one even if you tried to apply, and it would look suspicious. Canadians already can visit for as long as people on visitor visas can, so it wouldn't make any sense to get a visitor visa. You wouldn't apply for a visa -- you would just try to go to the US, and see what happens. Don't lie about anything, but you don't need to tell them anything if they don't ask.

Is your wife close to naturalizing?

She's 2-3 years away unfortunately

[Ed2727]

Being allowed to withdraw your admission is a good thing; it means they let you voluntarily leave and they are not removing you. I am not sure what not signing it means. You were flying from Canada and went through preclearance in Canada, right? If so, they could not "remove" you when you are in Canada anyway, so it probably made no difference that you didn't sign it.

I don't think you should apply for a visitor visa because Canadian citizens don't need US visas, and they probably wouldn't issue you one even if you tried to apply, and it would look suspicious. Canadians already can visit for as long as people on visitor visas can, so it wouldn't make any sense to get a visitor visa. You wouldn't apply for a visa -- you would just try to go to the US, and see what happens. Don't lie about anything, but you don't need to tell them anything if they don't ask.

Is your wife close to naturalizing?

If I applied for a TN visa, would this affect my I-130 petition?

And how hard is it to apply as a management consultant? Know any lawyers with experience?

Thanks!

[Bayfield]

If I applied for a TN visa, would this affect my I-130 petition?

And how hard is it to apply as a management consultant? Know any lawyers with experience?

Thanks!

You were living in the US as a visitor, just a question of when you were caught, seems you had a good run.

TN requires non immigrant intent and Management Consultant will be tricky as it is both an abused category and you have no recent work experience so getting a valid job will not be easy.

[inadmissible]

B visas are primarily for tourism and work. You are not entitled to use a B visa for the purpose of living in New York.