US visa for Protected persons and PRs

[amplua]

Friends,
I have such a question regarding US visa.
Me and my family of 4 came to Canada as refugees from USA (irregular border cross).
We have Canadian Permanent Residency (my daughter was born in US so she has US citizenship).
Now we would like to travel to USA from Canada with Refugee Travel Document. How do you think if there is any chance to get american visa?
Before coming to Canada I lived in US 11 month (after my 6 month I legally extended my staying), my wife and my son stayed also more than 6 month, but we didn`t do extension for them.
I wonder if there can be any issue or my Canadian PR can help me with getting visa, how do you think?

 

[Miraclejj]

There is absolutely zero chance you will be granted a US Visa.

 

[amplua]

There is absolutely zero chance you will be granted a US Visa.

could you please tell me the main reason for visa refusal? How do you think is it due to my daughter birth there or irregular border cross?
I didn't apply for assylum in USA. Just entered with tourist visa and after came to Canada.

 

[Bs65]

Nobody here can do anything other than speculate but if were to speculate then maybe it would be because you crossed over from the US illegally but now want to go back to the US having claimed asylum in Canada plus as you imply your wife and son overstayed in the US which is never a good idea in the US when applying for any entry in the future. The US authorities are possibly not likely to be happy that you used the US as a means to seek asylum in Canada with an illegal exit/entry..

No issue obviously for your daughter as she is a US citizen but as said this is a public forum so nothing to stop you applying given everything here is speculation and cannot do much more than speculate but expect some scrutiny given Canada and US share data..

 

[canuck78]

could you pkeade tell me the main reason for visa refusal? How do you think is it due to my daughter birth there or irregular border cross?
I didn't apply for assylum in USA. Just entered with tourist visa and after came to Canada.

Not sure if you mean you didn’t pay for your daughter’s birth but that could add to the reasons. Bigger issue is overstaying your visas and illegally crossing a border. Would suggest you apply but don’t make any plans.

 

[amplua]

Not sure if you mean you didn’t pay for your daughter’s birth but that could add to the reasons. Bigger issue is overstaying your visas and illegally crossing a border. Would suggest you apply but don’t make any plans.

Thank you for your opinion; regarding payment for my daughter`s birth delivery - it was paid fully by insurance company (we got it as soon as came to US).

 

[canuck78]

Thank you for your opinion; regarding payment for my daughter`s birth delivery - it was paid fully by insurance company (we got it as soon as came to US).

So that won’t be issue. How did you get travel insurance to cover pregnancy when your wife was already pregnant. Based on your posts she was only in the US for 6 months?

 

[Miraclejj]

could you please tell me the main reason for visa refusal? How do you think is it due to my daughter birth there or irregular border cross?
I didn't apply for assylum in USA. Just entered with tourist visa and after came to Canada.

I am not speculating anything here. I am 100% sure that you have zero chance to be granted any US VISA in the foreseeable future, unless you hire a good lawyer to get you a waiver or something. You see, on the official US record so far, you guys are still living in US illegally (because you never told US you left, plus you had actually lived there illegally, and your illegal border crossing, even it is from US to Canada, would be a huge negative factor, given their own southern border illegal crossing problem. Basically, your credit to the US government is nada, zero.). And if you try to prove that you actually left long time ago, the US government would discover you misused the previous VISA they issued to you (1. You took advantage of a tourist VISA to give a birth in US, even the birth tour is technically legal in US, but they won't like it, unless you told them your wife would give a birth in US, before you got the VISA. 2. You overstayed. 3. You took advantage the VISA and used US as a bridge to come to Canada in an illegal way) . The US government may also think that you would try to overstay again in US, given the prior overstay (PR of Canada isn't a strong evidence that you won't do it again, actually a lot Cadadians are living in US illegally, plus your daughter is a US Citizen, that would be a negative factor that the US government would think it may be a motivation for you to return and live in US illegally again)

 

[adbcca]

Friends,
I have such a question regarding US visa.
Me and my family of 4 came to Canada as refugees from USA (irregular border cross).
We have Canadian Permanent Residency (my daughter was born in US so she has US citizenship).
Now we would like to travel to USA from Canada with Refugee Travel Document. How do you think if there is any chance to get american visa?
Before coming to Canada I lived in US 11 month (after my 6 month I legally extended my staying), my wife and my son stayed also more than 6 month, but we didn`t do extension for them.
I wonder if there can be any issue or my Canadian PR can help me with getting visa, how do you think?

Do not listen to the replies in this forum most of them have an envious soul.

there is a very big chance that you will get the visa since you are a PR in Canada.

Good luck!

 

[Miraclejj]

Do not listen to the replies in this forum most of them have an envious soul.

there is a very big chance that you will get the visa since you are a PR in Canada.

Good luck!

Ya, good luck on that. The reality is a bitch. The OP definitely can try to apply. But with his immigration history in US, the odds aren't on his side.

 

[canuck78]

Do not listen to the replies in this forum most of them have an envious soul.

there is a very big chance that you will get the visa since you are a PR in Canada.

Good luck!

Until they have Canadian citizenship agree that the chances are quite low. Has nothing to about being envious. There are consequences when you overstay visas and cross borders without going to official border crossings. That said, no harm in trying if you want to make 100% sure.

 

[live&love]

What about if a family came on a visit visa to the state, but applied for refugee protection in Canada cuz of the third country agreement. They crossed the border legally with nothing illegal they have done. Do they have a bigger chance you guys think?

 

[Miraclejj]

What about if a family came on a visit visa to the state, but applied for refugee protection in Canada cuz of the third country agreement. They crossed the border legally with nothing illegal they have done. Do they have a bigger chance you guys think?

Yes, they will have a bigger chance than the OP has. But, they still need to prove that they have strong ties with Canada. A PR of Canada really isn't a decisive factor in getting a US VISA.

 

[Tilly_53]

Under the circumstances don't dare to apply or visit USA. They may black list you for ever, because what they consider, it abuse to their visa. My cousin is facing same circumstances banned from US for life. Wait till issuanceaof Canadian passport

 

[Zulubia]

Under the circumstances don't dare to apply or visit USA. They may black list you for ever, because what they consider, it abuse to their visa. My cousin is facing same circumstances banned from US for life. Wait till issuanceaof Canadian passport

My situation is pretty similar. I had a US visa and crossed the border to Canada in October 2019 (I didn't overstay my visa). Now that I have protected person status in Canada and RTD, I would like to go back to the US sometimes to visit my friends. I was wondering if they would ban me if I tried to apply for a visa. Is there a legal way to let US know that I left the country without overstaying my visa?
Also would it make a difference when I become a Canadian citizen?