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Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 8:08am On Dec 05, 2016
Hover62:
Thank you very much I really appreciate it. One other question I have is that I have less than 9 months left on my international passport. I want to knw of I can still renew it after my visa as being approved, because I read it somewhere that one need to have nothing less than 6months on his/her international passport before entering the us.

To prevent any issues either upon visa printing or at the border, you should present a passport with at least 6 months remaining when you attempt to enter the United States. Otherwise, you risk being sent back to Nigeria even if everything else is in order.

Regards,
VO
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 10:06am On Dec 02, 2016
Hover62:
Hello vo,
I had my us immigrant visa interview this Monday(my dad filled for me). While going for the Interview I had all my documents except for my medicals, it wasn't ready and was told to present the receipt to the consulate as a prove that I've done it. On during the interview the consulate asked Jus few questions and didn't request for any of my documents, except for the police report (which I provided) and the medical report(which wasn't ready). After the interview she gave me a white paper that I should get my medical results and mail it with my passport included through DHL. My question now is should I still be worried if my visa will be approved or not ?

Some interviews are very fast. We see thousands of applicants and can very quickly adjudicate certain cases. Don't read anything into a short interview. If the interviewing officer had a problem with your case, you would know!

From what you've described, we need your medical report to continue your case. When you receive the actual medical report, drop it at the address given to you with your international passport. If there are any problems with the medical report, we will receive the report directly from the clinic and contact you with next steps.

On the receipt question, this appears to be a common issue. Applicants receive a receipt as proof that they attended the medical exam, but the receipt, by itself, does not replace the medical report. In fact, if you try to show the medical report receipt, we will not even look at it.

Regards,
VO
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 9:33am On Dec 02, 2016
hefty3:
pls can anyone assist me. i applied for visiting visa in 2014 with my family which i happened to be the principal applicant. though i dint do it myself but i went thru an agent...the visa was not granted. so today i decided to apply for only my wife and daughter... so when i got to the stage on booking an appointment for interview, the site did not accept it saying the daTA is connected to a particular email address. which i typed and tried to log in thru that email its just bringing out my data page alone.

This appears to be a non-immigrant visa question. Please take your question to the appropriate forum.

That said, regarding "agents" -- there are many reasons not to use them, and your experience is yet another reason.

Regards,
VO
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 9:30am On Dec 02, 2016
menuhome5:
Hello VO
My spouse had her IV for instance May and by July of same year we had our registry wedding. She then travelled to US a week later with pregnancy. I hope the sequence of the events between us will not raise any red flag? Thanks for your time

Apologies, but I don't understand the question. Please be more specific in what you're trying to ask.

Regards,
VO
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:48pm On Dec 01, 2016
ijenma1:
Good morning VO,
I'd like to know if it's possible for me to apply for a visiting visa while my i-130 is still pending? Actually my husband who is a US citizen filed for me since April the 17th2015, I now have a daughter whom I have also gotten her US passport from the embassy here in Lagos. Am frustrated this process is taking longer than usual. This is my daughters first Christmas I really will love to spend it with my hubby.
Pls advice me on what me to do.

While this is a non-immigrant visa question, I will answer it. Yes, you can apply for a visiting visa while your immigrant visa application is still pending. You should be prepared to demonstrate strong ties to Nigeria during the interview.

Regards,
VO

1 Like

Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:47pm On Dec 01, 2016
souleymon:
Trying to file I-130 for a sibling and found out almost 10 years back he applied for a student visa with the help of an agent and his year of birth was altered in the old passport.

Now he has his real year of birth on the passport. This is conflicting and misrepresented. I like to know,how this problem can be resolved before going ahead with the filing in other not to get Visa denied in the future,knowing fully well ,the embassy still got his details.

I like to know how to go about this before filing because ,the outcome wont be years to come.

You cannot know (and I cannot know) what will happen during the interview. You should continue as you are, letting USCIS know the situation, and the visa officer will advise you as to next steps.

Regards,
VO
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:46pm On Dec 01, 2016
321d:
Hello Officer

Please I'd like to know the fact with applicable links to the resource on the USCIS website.

I have a pending F4 petition filed years back. If i get married today, before it becomes current, will my spouse automatically benefit from it OR will my petition be automatically revoked?

Thanks

Your petition will not be automatically revoked. Derivatives (including a spouse, children, and step-children) are allowed on F4 visas. However, you should be prepared to answer detailed questions about your relationship(s) during the interview.

Regards,
VO
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:44pm On Dec 01, 2016
Espente:
Dear LagosIV,
Your letters of appointment for immigrant interview generally requires an AOS.
I would like to know your standard procedure for affidavit of support that has been submitted to the NVC . I hope those that have submitted the only copy to the NVC do not need to produce them at the interview.

Good practice is to make copies of everything before you send them off to NVC (or anywhere, really). We will receive your packet in due time and will contact you if we need further documentation.

Regards,
VO
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:42pm On Dec 01, 2016
packdprince:
Thanks everyone and VO for the help and support.
Did my Interview last week, Visa Issued this week. Now I can now have my big family re-union.
Thanks

Congratulations! So happy to have a good story to share.

Regards,
VO
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:41pm On Dec 01, 2016
TalliusCeciro:
Good evening consular official, Please I actually submitted my DV lottery application from the Netherlands and I would like to know in the event that I am selected for further processing will my case number start with EU or Af.my country of chargeabity is Ghana.Thanks very much for reading my post and looking forward to your reply.

When / If you win the lottery, you will be contacted as to which country to appear for the interview.
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:39pm On Dec 01, 2016
Ezepikin:
Hi VO, my question is on drop box application.

Drop box applications are only relevant for non-immigrant visas. Please post your question(s) to the appropriate thread.

Regards,
VO
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:38pm On Dec 01, 2016
FrankNetter:
my Aunt is an American citizen and she filed for her daughter and she was given an Immigrant Visa. Before she was given her visa, she had been dating a guy for close to 6 years and they recently got wedded, does her visa extend to her newly wedded husband? Can her husband be given a Visa based on hers?

This has the potential to change the visa classification. However, without the case, it is difficult to determine what will happen. I encourage your aunt to write LagosIV@state.gov with this question. Please note we can only answer questions from the petitioner, beneficiary, or legal representation.

Regards,
VO
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:35pm On Dec 01, 2016
aideoise:
Hello our amiable VO,
I have an IV interview in the Lagos consulate.
I want to know if it is compulsory to go along with the original copies of my affidavit of support and tax return of my sponsors, knowing that these documents have already been submitted to the NVC.
If i can't produce these original or copies will my chances of being issued a visa be diminished. Thank you.

You should always try to bring original documents. However, we can work with clean photocopies of the affidavit of support. The visa officer will let you know if he or she needs the original for review.

Regards,
VO
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:33pm On Dec 01, 2016
chinwe12:
hello VO, my mom went for her immigrant visa interview today 29th Nov and she was refused visa and was given 221(g) and was told to give them 60 days to make a decision on her case, her passport was not taken from her, she is with her passport. as of today her case status was updated and placed in administrative processing, are there chances of her been granted visa after 60 days, they said they will contact her if more document is needed, is there still hope for her? she's a cr1 applicant

The immigrant visa correspondence unit will contact her if we require further information. Unfortunately, there is no timetable on the decision, though your mother is welcome to request an update after 60 days.
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:31pm On Dec 01, 2016
Okey79:
Dear , please I will appreciate your advice, my cousin was issued a b1/b2 visa in January 2014, she was 1month pregnant then, although unknown to her. She traveled twice to the US that year, she also had her second baby there but not without writing a letter of change of intent to the embassy.
Her visa was canceled in 2015 when she took her first son to the embassy for his visa interview,she had the second baby with her, she was asked why she applied for only the first son, she told them she had the second one in the US and she had her own visa cancelled while her son was also denied visa.
She has applied twice since then and was denied.
Please what can she do at this point?

Thank you for the question. However, this appears to be an non-immigrant visa question. Please take it to the correct forum.
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:30pm On Dec 01, 2016
Ezepikin:
Thanks for your valuable contributions on this platfor @LagosNiv...My question, i intend to travel with my brother in law to the US. I have visited the US before in 2014 but he has not travelled before. We are going for his Sister's 25 years ordination as a rev sister. Do we apply as family since we are travelling together and on same date? I will appreciate your valuable advice. Thank you.

Thank you for the question. However, this appears to be an non-immigrant visa question. Please take it to the correct forum.
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 4:04pm On Sep 26, 2015
Good morning everyone,

Well, I'm off to the airport with the cats to catch a flight to my next assignment. Thank you for three wonderful years in Nigeria! I wish you all the best. Good luck with your visa journeys -- and remember, just tell the truth, and if you qualify for the visa, you'll get the visa.

Sincere gratitude and much love to Justwise. He does so much behind the scenes to keep you all safe from scammers and nogoodniks. You're very lucky to have him here!

Again, best wishes. Take care and be kind to each other! kiss kiss kiss

cool

42 Likes 3 Shares

Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 6:42am On Sep 26, 2015
winnie123:
Hello,

I want to ask if my original international passport is required for processing of police certificate.

I don't have an answer for this one. Does anyone else here know?

1 Like 1 Share

Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 4:03pm On Sep 25, 2015
justwise:


grin grin he is probably here with another ID because i banned that ID for a long time.

Well, whatever his real name is, we have his photo and fingerprints on file, so he's not going to sneak past us. grin
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 3:59pm On Sep 25, 2015
Gabbyking:
Dear VO,
I know you'll be leaving us very soon. Everyone here is going to miss you. All the same, our blessings goes with you.

Thanks so much! Yes, tomorrow will be my last day on Nairaland... sad

Our petition (cr1) was approved recently. We have also started gathering AOS and IV packages. My problems is this. I have NPC attestation of birth instead of certificate as I was born born before 1992.Please, is this acceptable? Or do I need to go to my Local govt and obtain birth certificate?
I want to make sure we avoid checklist from NVC.
Thanks

I know someone else here recently had some problems with the NPC attestation of birth, so if you can get a local government birth certificate, that's probably a good idea!

As for the police certificate, I don't know if NVC requires the fingerprint page, but I know the Consulate requires it. In any case, better safe than sorry.
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 1:40pm On Sep 25, 2015
visa333:
Hello VO,

Please I am having what appear to be an unusual situation with my case.
My interview was August 28th, the questions were not complicated and after the interview, I was told "your visa is approved, you will receive a text message next week on how to pick your visa" he gave me a visa collection paper and circled the address where to pick the visa.
During the interview, he asked me basic questions like
1. My fiancé information, what he did for a living
2. How we met
3. How long he's been divorced (2 years), how many kids he had in the previous marriage and age (2 kids, 6 and 7).
4. if I plan to go to school...I replied, not full time, start a family and do part time later

CEAC website: status went from ready after the interview to AP...after a week and half, it changed to ready again...and next day AP until today
CGI federal site: status went from "visa with embassy" for about a week or more, to "document collection information" for the past 2 weeks
ustraveldocs site: status went from "visa with embassy" for over a week and after that, it just says "there is no status update for the passport number you have entered"

the strange part was:
22nd September Tuesday; I missed a call from the embassy, I called back and couldn't talk to a VO, I was asked by the front desk rep to send an email. I still don't know why they called, I sent an email and the reply I got on the 23rd was "we can't find a record of this case in our system" Lol! I replied again with all the information and received a response with the usual info that goes " you case is in AP, sometimes it take longer than...."

I have heard stories of our status is AP but people went and saw/picked-up the visa...I have called and emailed the collection center, but they just seem to type stuff into computer, probably in the same sites I use and tell me no status, and refer me to the ceac website.

Any advice, experience will be greatly appreciated.

There are many reasons for administrative processing, most of them quite benign. I have no way of knowing which one might apply in your case. The best course of action is probably to continue to e-mail the Consulate asking for updates every week or so (although hopefully it won't take more than a few days for everything to be resolved!).
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 1:36pm On Sep 25, 2015
veecee29:

Hi VO,
Are you saying that the embassy or consulate indites people or can deny people visa based on what they post or the questions they ask on Nairaland?This your post got me wondering.

Nothing on the internet can by itself cause a case to be either denied or approved. But sometimes things we see on the internet (including here) can open new lines of questioning. For instance, a quick Google search of someone's name can often lead to the photos they've posted of themselves and their families, including spouses who are not the petitioner in their IR1 visa case! smiley We wouldn't refuse to issue a visa based solely on that evidence, but we would probably conduct a field investigation, etc.

We also know that people post a bunch of stuff that isn't necessarily true, for all sorts of reasons, so we wouldn't refuse a case just because someone posted "I'm married to someone who's not the petitioner." But we would take a very close look at their situation.

The only times I personally would sift through the Nairaland posts of a specific member were when I knew an applicant was a Nairalander, and when I also knew that he or she had a fraudulent application. Justwise will remember our friend from the DV thread who maintained a very spiritual online persona, but turned out to be an imposter with a fake marriage... I totally went back and read all that guy's posts, because he kept announcing that he was praying and fasting for a successful interview and I knew he wasn't the person in the original entry photo. But that guy got denied because he was an imposter, not because he posted to Nairaland. (I wonder how he's doing now...)

Oh, and sometimes people ask questions here that assume that I remember things they wrote in the past, so I'll go back to see if I can figure out what they're talking about.

But in general, we don't go looking for online information. Only when we think there's a reason to do so.

1 Like 1 Share

Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 1:30pm On Sep 25, 2015
mybesthalf:
Dear Visa Officer,

First of all, on behalf of myself, my new spouse and everybody, I want to thank you for this tremendously helpful forum. You, your family and unborn generation shall be richly blessed!

I came to the U.S in 2009 through DV. Whereas the consular officer subjected our case to Administrative Processing because of our marriage. Visas were eventually issued hence we migrated to the U.S. The marriage later broke down irretrievably. Divorced was finalized 2 years ago.

In 2015,I got married to another woman in Nigeria who I knew while I was in Nigeria before migrating. We developed real,strong & genuine affection for each other last year. I only went to Nigeria this 2015 and we got married.

Ma'am,because of the above, I'm really really concerned that her immigrant visa will be denied in Lagos.

What can we do? What are her chances

Please reply.

Thank you very much.

The officer will likely have several questions for your spouse, but as long as the two of you have a bona fide spousal relationship and she has no ineligibilities, she will likely receive a visa.
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 1:29pm On Sep 25, 2015
select500:
Hello VO,
I just wanted to ask this..... What happens in a case where a person comes to the U.S.A with a non-immigrant visa ( from Nigeria) , stays for a while and eventually gets married to a LPR or a U.S. citizen? Is there any consequence in this regards and can the person adjust his/her status before returning back to Nigeria on the non-immigrant visa? Thanks.

Well, if the person knows she's going to get married, she ought to come on the proper visa, which is a K-1. But as long as she otherwise respects the terms of her visa and does not overstay, there's no penalty for getting married on a B1/B2. She can't just stay in the U.S. and adjust status, though, as her permissible time in the U.S. would certainly run out before an I-130 could be approved and processed. So she would have to return to her home country, at least for a while.

1 Like

Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 1:27pm On Sep 25, 2015
Afao:
Dear VO,
My husband filed an i-130 for my son and I early this year. I recently got a job offer in the states. Do you think I qualify for a j-1 visa or any other work visa considering my pending immigrant visa application.

Sure, as long as you otherwise meet the qualifications for the J-1 or other work visa, having a pending immigrant petition is no problem at all!
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 1:26pm On Sep 25, 2015
bodejohn:
Dear VO, how many days of grace do I have to pickup my passport from the gss DHL collection center office.

I got a notification email since Sept 11 that the passport is ready for collection but I have not had time to travel to Lagos for this purpose.

I am planning to go to the DHL office around the 5th or 6th of October when I will be in Lagos, will my passport be at the collection center till this period?

These are questions for the collection center, or for LagosIV@state.gov. I'm not in Lagos any more and don't want to give you incorrect information.
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 11:43pm On Sep 24, 2015
winnie123:
Hello,

I was just tild that i have to do it in Lagos.

Plesse i will like to know how much is involved to get a pilice clearance.

We don't accept scanned copies of police certificates -- only original documents. Here's what our website ( http://travel.state.gov/content/visas/en/fees/reciprocity-by-country/NI.html ) says:

Available, for those in-country. The Nigerian Police Force no longer accepts requests made through the American Embassy. Applicants need to contact the Deputy Inspector General, Criminal Investigation Department, Nigeria Police Force, Alagbon Close, Ikoyi, Lagos, Nigeria. Fee should be in the form of a bank draft payable to the Deputy Inspector General of Police, Fingerprint Section, Nigeria Police Force. The applicant should bring information regarding their full name, place and date of birth, nationality, passport number, date and place of issuance (for current passport or passport used during applicant's stay in Nigeria), exact periods of residence in Nigeria and addresses where applicant resided. Each applicant 16 years of age and over must also provide (1) a copy of the first three data pages of his or her passport, (20) the pages containing Nigerian visas, entry and departure stamps and (3) a complete set of fingerprints taken by the police in the district where the applicant resides..

Applicants outside the country are advised that mailed requests for police certificates are not an effective method of obtaining the records. It is recommended that applicants outside Nigeria obtain a police certificate upon their next visit, or enlist the assistance of a friend or relative able to physically visit the Deputy Inspector General.
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 11:41pm On Sep 24, 2015
chileanmak:
Hi again,
I am even more confused now. I talked to an immigration attorney here in the States. His advise was to not go for my interview and stay here for my spouse's surgery and then reapply from within the US for what he called "Adjustment of Status", including the waiver that you were mentioning.
It seems to be the opposite to the previous posts.
I want to follow the law and not be apart from my family who needs now more than ever, specially if the surgery doesn't go well.
I have never been faced with such a horrible situation in my life. I want to do the right thing but it seems that I am pulled in the opposite direction.
What a predicament.

Well, the important thing to remember is that everything is going to work out, even if it's complicated for a little while.

I've been thinking about your situation and I think you may be eligible for what's called a provisional waiver of inadmissibility. If you're sure your only inadmissibility is the unlawful presence, then you could file the I-601A application for a waiver. Then if it's approved, when you come to your interview at the Consulate and the officer tells you you're ineligible, you can say "No, wait, I have a waiver." (Because you do have an inadmissibility, you can't simply adjust status in the U.S.; you'll need to appear at an Embassy or Consulate for your interview at some point.)

Now, in order to do this, you can't leave the United States until your waiver application is adjudicated. So you'd have to skip your Sept. 29 interview. It really goes against my heart as a Consular officer to point out that you could do that, but the I-601A option is an option, and you have the right to give it a shot if you think it would work for you and your family.

Please review http://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers carefully and see if you think the I-601A is right for you. Again, you may wish to consult an attorney.

If you do choose this route, please e-mail LagosIV@state.gov (you're interviewing in Lagos, right?) and let them know that you won't be attending the Sept. 29 interview but that you plan to reschedule in the future. It shouldn't take more than a few months for the waiver application to be adjudicated, but at any rate don't let more than 12 months pass without reaching out to the Consulate, or your case might be administratively closed. And if you leave the U.S. while the I-601A application is being adjudicated, you'll be considered to have voluntarily self-deported, so, you know, many I-601A filers decide to remain in the U.S. until they have a decision.

Again, there's no guarantee that the I-601A application will be approved, but if that's your only inadmissibility, well, I've seen a lot of approved I-601As in my day.

(I can't believe I'm writing on Nairaland that a possible legal course of action is to skip a Consular interview! And to consult an immigration attorney! This is so out of character! But hey, those are legal options for the situation you describe.)

(Also, note to other readers who may be in the U.S. illegally: The I-601A may not apply to your situation, so don't take chances, okay?)
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 8:56pm On Sep 24, 2015
chileanmak:
Sorry. I just read your second post. So if I understand, entering the US with my Canadian passport would be viewed considered as illegal entry because of my previous time in the country on an expired visa. Is that correct?
My spouse is about to have life threatening surgery in a couple of weeks and the reason why I am here now.

Your situation is pretty complicated. You were in the U.S. illegally at least from 1994 to 2008, and after 2008 you entered several times as a Canadian citizen even though you clearly knew you were under a 10-year ban. (Canadian citizens can be found inadmissible under section 212(a)(9)(B) of the Immigration and Nationality Act for unlawful presence just like everyone else, by the way, and Canadians who are ineligible due to unlawful presence are NOT eligible to enter the U.S. without a visa .) So, yes, it's quite possible that your time in the U.S. after 2008 will also be considered unlawful presence. The longer you stay in the U.S., the more unlawful presence you are accruing.

I seldom say this but it might be a good idea for your family to look into hiring an immigration attorney. And you should keep your appointment on September 29. Skipping it will very likely only make things worse.
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 8:00pm On Sep 24, 2015
chileanmak:
WOW. I am actually in the States now preparing to leave for my interview and I actually didn't know that I was breaking the law. I thought that the ban applied only when applying for an immigrant visa.Thank you for that.
Is the waiver something that the Consular Officer is able to grant at the interview or is it a separate process. If the later do you have an idea of the processing times?
Thanks again

It's a separate process. The waiver application is filed with USCIS, and can take several months to process.

Again, if you have no other ineligibilities, you'll most likely be successful in applying for the waiver. But it does sound like you're in the U.S. illegally right now and your ten years will start from 2015. Your best course of action is to come to your interview and be completely honest.
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 7:49pm On Sep 24, 2015
chileanmak:
Hello again and thank you for your quick response.
My spouse and daughter are currently living in the US (due to work and family issues) and the reason to apply for the immigration visa for myself.
I actually carry a Canadian passport so I don't need a visa to enter. I have actually entered and timely left the US many times after 2008.
Should I rescheduled then my interview and apply for the waiver? I need to be able to continue visiting the States as my spouse and daughter are there. I am afraid of loosing that ability and having our family split for 3 years.
Thanks again for your kind support.

Also -- I should mention that it's in your best interest to stop entering the U.S. on your Canadian passport, so the officer doesn't find that your ten-year ban actually begins in 2015 (or whatever the last date you left the U.S. was).

The ten year bar to re-entry into the U.S.: The ten year bar applies to individuals unlawfully present in the U.S. for an aggregate period of one year or more who depart voluntarily (aggregate = USCIS adds up all time in US without lawful presence, even if from different periods of time and different stays ). Unlawful presence begins to accrue when the period of authorized stay expires or after an entry to the U.S. without inspection. Again, the bar is triggered by the act of departing the U.S., even if to consular process to obtain an immigrant visa. Yes, this may apply to you even if you are married to a U.S. citizen. Or even if you departed using your Canadian passport. Be careful.
Travel / Re: U.S. Immigration Questions: Ask A U.S. Consular Officer by VisaOfficer: 7:45pm On Sep 24, 2015
chileanmak:
Hello again and thank you for your quick response.
My spouse and daughter are currently living in the US (due to work and family issues) and the reason to apply for the immigration visa for myself.
I actually carry a Canadian passport so I don't need a visa to enter. I have actually entered and timely left the US many times after 2008.
Should I rescheduled then my interview and apply for the waiver? I need to be able to continue visiting the States as my spouse and daughter are there. I am afraid of loosing that ability and having our family split for 3 years.
Thanks again for your kind support.

You should attend the interview so the officer can help you determine which waiver best suits your situation. It's a bad idea to trust your Canadian passport, because at this point, frankly, you're knowingly breaking the law by using the Canadian passport to avoid the consequences of your unlawful presence; at some point you're going to try to use it and be denied entry. (If you didn't know that you were breaking the law, well, I've just informed you, and now you know.)

To be honest, you'll probably get the waiver, unless you have additional ineligibilities besides the overstay. But it's time to see a Consular officer and go about this legally, before you create even larger problems for yourself.

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