Need information

[Onos16]

Hello everyone, I have a friend who was in the US for three years on a conference visa, she got married to an American citizen and filed for green card, she got her work permit and social security number, and they were called for interview but she and her husband got divorced, so she couldn’t go for the interview, she crossed the Us border illegally to Canada to seek asylum, now her asylum has been granted, she wants to know if she can go visit the US, since she overstayed and also cross the border illegally, any information will help thank you.

 

[scylla]

Hello everyone, I have a friend who was in the US for three years on a conference visa, she got married to an American citizen and filed for green card, she got her work permit and social security number, and they were called for interview but she and her husband got divorced, so she couldn’t go for the interview, she crossed the Us border illegally to Canada to seek asylum, now her asylum has been granted, she wants to know if she can go visit the US, since she overstayed and also cross the border illegally, any information will help thank you.

How long did she overstay her visa? Assuming it was over a year, she is banned from the US for 10 years and should absolutely not try re-entering the US until the 10 years has passed.

 

[scylla]

Just to add to the above - she should also find out exactly under what grounds / for what reason her green card was refused. If by any chance it was due to misrepresentation, that's a lifetime ban.

 

[Onos16]

She was there on a visiting visa and got married to adjust her status, but her and her husband had a quarrel and he wouldn’t go for the interview, so she divorced him and came to Canada, since she can’t continue with getting her green card herself, she came to Canada through the border illegally because she didn’t have a Canadian visa, so now she wants to go visit the US because she’s now a conventional refugee, I mean since she has her social can’t she apply for a visa or a waiver ?

 

[sugababa]

Impossible, once any one crosses the US border illegally to enter or exit they are banned from any future non-immigrant visas. Her biometrics at the consulate will bring up her ID and I-94(tracked entry and exit from homeland security), and when the exit doesn't show up she will be refused.
it's a stupid rule to be honest, i think it should be waived for protected persons in canada because they had no choice, it should be upheld for illegals that play the border and enter/exit illegaly without cause.

 

[Onos16]

She entered the US legally, she only left the US illegally through the US/Canadian border,

 

[sugababa]

Enter or exit, same thing in the eyes of USCIS

 

[Onos16]

Ok what if she gets her Canada citizenship can she visit the US then ?

 

[sugababa]

yeah that's cause she wont need a visa anymore

 

[Onos16]

She withdrew the green card application while she was here in Canada that she left the US and also she’s divorced from her husband, I mean since she left the stew voluntarily can’t she get a US visa just to visit ?

 

[Onos16]

Because if she didn’t withdraw the application they will write her a letter to leave the country, that is why she wrote the UICIS to let them known she left but didn’t specify that she’s in Canada though, she just told them she left the country

 

[sugababa]

i doubt it, maybe she can go and apply anyways, and try her luck but i'm very sure her travel record will come up; nothing gets past american consulates

 

[sugababa]

she had to stay anyways when ger green card was being processed, she didnt apply through the right chanels to leave the states, and regardless she exited the US illegaly, thats a violation alone, everyone has to pass through national borders, and supervised, can't leave like that and expect the visa officer to let it go, she/he will aski

 

[Onos16]

Ok what if an American come to Canada to marry her and file for green card in the states, I mean is that possible ?

 

[sugababa]

i dont know, maybe permanent immigrant visa is ok, goodnight!