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Nexus application denied

Hello.

My nexus application was declined due to an immigration violation, I had overstayed my visa 8 years ago before I immigrated to Canada. Stupid me had no idea that was even going to come up or I would never have bothered to apply for the nexus card.

My partner (a US and Canadian citizen) got declined as well for "knowingly living with an illegal alien etc etc"

I am currently a permanent resident of Canada and have a 10 year multiple entry visa to come into the US. Will I still be allowed to enter the US after the nexus decline? Or have a screwed myself permanently?

Your question best answered by CBP or the US consulate.

Quote:

Originally Posted by Isagarch (Post 15028684)

I am currently a permanent resident of Canada and have a 10 year multiple entry visa to come into the US. Will I still be allowed to enter the US after the nexus decline?

Of course; a NEXUS denial doesn't invalidate a visa or anything like that.

Quote:

Originally Posted by Isagarch (Post 15028684)

Is the visa that you currently have the one that you overstayed? How long did you overstay? If the visa that you have is the one that you overstayed that visa is now void. This is under section 222g of the INA. If you have been issued a new visa after the one you have overstayed you are fine. The officer at the border crossing, or airport may be aware of that overstay now. They may choose to act on the information or not. It will depend on the length of the overstay, if you worked, and the reason. There are many variables. You don't say what your citizenship is if you are from a visa waiver country you are not eligible to use the Visa Waiver Program because of that overstay.

FB

http://www.uscis.gov/portal/site/usc...90aRCRD&CH=act

Quote:

INA: ACT 222 - APPLICATIONS FOR VISAS

Sec. 222. [8 U.S.C. 1202]

(a) Every alien applying for an immigrant visa and for alien registration shall make application therefor in such form and manner and at such place as shall be by regulations prescribed. In the application the alien shall state his full and true name, and any other name which he has used or by which he has been known; age and sex; the date and place of his birth; and such additional information necessary to the identification of the applicant and the enforcement of the immigration and nationality la ws as may be by regulations prescribed.

(b) Every alien applying for an immigrant visa shall present a valid unexpired passport or other suitable travel document, or document of identity and nationality, if such document is required under the regulations issued by the Secretary of State. The immigrant shall furnish to the consular officer with his application a copy of a certification by the appropriate police authorities stating what their records show concerning the immigrant; a certified copy of any existing prison record, military record, and rec ord of his birth; and a certified copy of all other records or documents concerning him or his case which may be required by the consular officer. The copy of each document so furnished shall be permanently attached to the application and become a part thereof. In the event that the immigrant establishes to the satisfaction of the consular officer that any document or record required by this subsection is unobtainable, the consular officer may permit the immigrant to submit in lieu of such document or recor d other satisfactory evidence of the fact to which such document or record would, if obtainable, pertain. 1b/ All immigrant visa applications shall be reviewed and adjudicated by a consular officer.

(c) Every alien applying for a nonimmigrant visa and for alien registration shall make application therefor in such form and manner as shall be by regulations prescribed. In the application the alien shall state his full and true name, the date and place of birth, his nationality, the purpose and length of his intended stay in the United States; his marital status; and such additional information necessary to the identification of the applicant, the determination of his eligibility for a nonimmigrant visa, and the enforcement of the immigration and nationality laws as may be by regulations prescribed . 3/ The alien shall provide complete and accurate information in response to any request for information contained in the application. At the discretion of the Secretary of State, application forms for the various classes of nonimmigrant admissions described in section 101(a)(15) may vary according to the class of visa being requested.

(d) Every alien applying for a nonimmigrant visa and alien registration shall furnish to the consular officer, with his application, a certified copy of such documents pertaining to him as may be by regulations required. 1b/ All nonimmigrant visa applications shall be reviewed and adjudicated by a consular officer.

(e) Except as may be otherwise prescribed by regulations, each application for an immigrant visa shall be signed by the applicant in the presence of the consular officer, and verified by the oath of the applicant administered by the consular officer. The application for an immigrant visa, when visaed by the consular officer, shall become the immigrant visa. The application for a nonimmigrant visa or other documentation as a nonimmigrant shall be disposed of as may be by regulations prescribed. The i ssuance of a nonimmigrant visa shall, except as may be otherwise by regulations prescribed, be evidenced by a stamp, or other 1/ placed in the alien's passport.

(f) The records of the Department of State and of diplomatic and consular offices of the United States pertaining to the issuance or refusal of visas or permits to enter the United States shall be considered confidential and shall be used only for the formulation, amendment, administration, or enforcement of the immigration, nationality, and other laws of the United States, 1a/ except that--

(1) in the discretion of the Secretary of State certified copies of such records may be made available to a court which certifies that the information contained in such records is needed by the court in the interest of the ends of justice in a case pending before the court.

(2) the Secretary of State, in the Secretary's discretion and on the basis of reciprocity, may provide to a foreign government information in the Department of State's computerized visa lookout database and, when necessary and appropriate, other records covered by this section related to information in the database--

(A) with regard to individual aliens, at any time on a case-by-case basis for the purpose of preventing, investigating, or punishing acts that would constitute a crime in the United States, including, but not limited to, terrorism or trafficking in controlled substances, persons, or illicit weapons; or

(B) with regard to any or all aliens in the database, pursuant to such conditions as the Secretary of State shall establish in an agreement with the foreign government in which that government agrees to use such information and records for the purposes described in subparagraph (A) or to deny visas to persons who would be inadmissible to the United States.

(g) 2/ (1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.

(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except-

(A) on the basis of a visa (other than the visa described in paragraph (1) issued in a consular office located in the country of the alien's nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or

(B) where extraordinary circumstances are found by the Secretary of State to exist.

Thank for the replies let me give some more information

I went to school in the US and worked under my employment authorization while in school and after I graduated.

Before that expired my employer hired a lawyer to sponsor me and do The paperwork for labor certification etc. This was just before 9/11. After 9/11 the normal processing times were doubled or tripled? I had confirmation from the labor cert etc, everything was sort of in process? The entire time I was working, paying taxes etc.

I have returned checks from the INS for my I 765, so at no time was I paid under table or was I hiding. I had a valid SSN, drivers license - I never felt that I was doing something illegal. At no time before I left did anyone say, I should leave or I should not be working etc.

In 06, I moved to Canada as there was no end in sight for the paperwork, all my lawyers enquiries could find out was that it was being processed or it was in queue.

In 07, I applied for a visitor visa and was given a 10 year one.

At the nexus interview the officer was pretty irate that I was applying, he seemed to be in a mood from the get go.

Things might be coming to a head anyway, I got a call from the US consul that they want to discuss my visa ...

Any suggestions?

Quote:

Originally Posted by Isagarch (Post 15033776)

Did you have a valid (i.e. unexpired) employment authorization the whole time you were working? Usually, an alien working in the United States needs either a green card, valid EAD or valid work visa; when the status or EAD expires, the authorization to work no longer exists until a new status is granted or a new EAD is issued.

Quote:

Originally Posted by Isagarch (Post 15033776)

At no time before I left did anyone say, I should leave or I should not be working etc.

What did the law say?

Quote:

Originally Posted by Isagarch (Post 15033776)

In 07, I applied for a visitor visa and was given a 10 year one.

So, they didn't have a problem with it then, or they didn't know about it yet.

Quote:

Originally Posted by Isagarch (Post 15033776)

At the nexus interview the officer was pretty irate that I was applying, he seemed to be in a mood from the get go.

It does take some chutzpah to apply to be a trusted traveler if you have previous immigration or customs violations-- we aren't quite clear on that yet though it is looking that way.

Quote:

Originally Posted by Isagarch (Post 15033776)

Things might be coming to a head anyway, I got a call from the US consul that they want to discuss my visa ...

Interesting . . . seems your CBP interviewer is a Secret Santa of sorts. Based on FB's post, your visa is valid (in that it was issued after your move to Canada) though it can be invalidated for whatever reason State can come up with if they want to invalidate it.

Quote:

Originally Posted by Isagarch (Post 15033776)

Any suggestions?

Make sure your ties to Canada are tight as can be and hope for the best. Or get a lawyer.

I guess the answer is, because I was working with a lawyer, with an application in the system, paying taxes - I did not think I was breaking any laws. My lawyer at the time said that if the application was approved, I would have to pay a $1000 penalty. He never advised leaving or not working.

I am a permanent resident of Canada, I own a home, a car, have a full time job - what is the worst that could happen, they revoke my visa and ban me from ever returning to the US? Can I be arrested?

Quote:

Originally Posted by Isagarch (Post 15034664)

what is the worst that could happen, they revoke my visa and ban me from ever returning to the US?

They can cancel your visa and prohibit you from entering the US for a number of years (depending on how long you were out of status in the USA).

Quote:

Can I be arrested?

By whom? You are in Canada, so American LEOs have no jurisdiction over you what-so-ever. You wouldn't be arrested even if you were still in the USA because being out of status is an administrative violation, not a criminal one.

Quote:

Originally Posted by Isagarch (Post 15033776)

At the nexus interview the officer was pretty irate that I was applying, he seemed to be in a mood from the get go.

If you had an immigration violation that rose to the level of not being eligible for NEXUS then it is the fault of the DHS employee who evaluated your on-line application. You should have never been granted an interview. I'd have told him that his irritation was misdirected.

Quote:

Originally Posted by König (Post 15037474)

They can cancel your visa and prohibit you from entering the US for a number of years (depending on how long you were out of status in the USA).

By whom? You are in Canada, so American LEOs have no jurisdiction over you what-so-ever. You wouldn't be arrested even if you were still in the USA because being out of status is an administrative violation, not a criminal one.

There is a criminal violation for illegal entry that is rarely used. It is a misdemeanor but as I said it is very rarely if ever prosecuted. Unlawful presence is a criminal offense when the subject is found in the United States after a formal removal, or after leaving the US with a deportation order pending. The second one is used more often. Neither charge would apply in this case.

FB

Quote:

Originally Posted by Isagarch (Post 15034664)

You were told you had to pay a $1000 dollar penalty. What did you think the penalty was for if you believed that you weren't breaking any laws? If I am understanding everything correctly, the visa that you overstayed was your F1 student visa. That is the visa that would have been voided by Section 222g due to the overstay. You B2 tourist visa was obtained after that so it remains valid and can not be voided by Section 222g. However, your B2 visa can be revoked if it is felt that you lied on the B2 visa application. It will depend upon how you answered the questions on the application concerning past visits and visas to the United States.

FB

Quote:

Originally Posted by Firebug4 (Post 15040859)

Are you giving legal advice?

Quote:

Originally Posted by N1120A (Post 15041147)

Are you giving legal advice?

That's a stretch . . .

Quote:

Originally Posted by N1120A (Post 15041147)

Are you giving legal advice?

I would think that you would worry more about the guy who told him he wouldn't be arrested giving legal advice.

FB

Thanks again for your replies.

Any suggestions on what to say or not to say when I visit the US consulate? Other than the whole truth? I was going to bring documentation of my application for the labor certification etc just in case I can try to convince them not to revoke my visa (assuming that is what they intend to do)

Will update after my appointment - maybe someone else can learn something from my stupidity ...

Quote:

Originally Posted by Isagarch (Post 15034664)

If you were going to have to pay a penalty that means you did something wrong.