Nexus application denied
Oct 28, 2010 | 2:16 am
#1
Original Poster
Join Date: Oct 2010
Posts: 5
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?
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?
Oct 28, 2010 | 3:54 am
#3
FlyerTalk Evangelist
Join Date: Aug 2005
Location: Chicago
Posts: 11,678
Oct 28, 2010 | 2:31 pm
#4
Join Date: Feb 2010
Posts: 1,347
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?
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?
FB
http://www.uscis.gov/portal/site/usc...90aRCRD&CH=act
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.
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.
Last edited by Firebug4; Oct 28, 2010 at 2:57 pm
Oct 28, 2010 | 7:19 pm
#5
Original Poster
Join Date: Oct 2010
Posts: 5
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?
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?
Oct 28, 2010 | 9:17 pm
#6
FlyerTalk Evangelist
Join Date: Aug 2005
Location: Chicago
Posts: 11,678
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 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.
So, they didn't have a problem with it then, or they didn't know about it yet.
Make sure your ties to Canada are tight as can be and hope for the best. Or get a lawyer.
Last edited by Ari; Oct 28, 2010 at 9:22 pm
Oct 28, 2010 | 10:20 pm
#7
Original Poster
Join Date: Oct 2010
Posts: 5
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?
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?
Oct 29, 2010 | 11:03 am
#8
Join Date: Mar 2010
Location: PDX
Posts: 908
Can I be arrested?
Oct 29, 2010 | 11:37 am
#9
FlyerTalk Evangelist
Join Date: Sep 2007
Location: SJC, SFO, YYC
Programs: AA-EXP, AA-0.41MM, UA-Gold, Ex UA-1K (2006 thru 2015), PMUA-0.95MM, COUA-1.5MM-lite, AF-Silver
Posts: 13,436
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.
Oct 29, 2010 | 10:33 pm
#10
Join Date: Feb 2010
Posts: 1,347
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.
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.
FB
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?
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?
FB
Last edited by Kiwi Flyer; Nov 5, 2010 at 7:10 pm Reason: merge consecutive posts
Oct 30, 2010 | 12:33 am
#11
Join Date: May 2006
Location: MYF/CMA/SAN
Programs: COdbaUA MM, AA EXP, AF G, Bonbon Gold, Hilton G, All G, GHA Titanium, Hertz PC, Avis Presidential
Posts: 5,929
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
FB
Oct 30, 2010 | 1:06 pm
#14
Original Poster
Join Date: Oct 2010
Posts: 5
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 ...
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 ...
Oct 30, 2010 | 7:46 pm
#15
FlyerTalk Evangelist
Join Date: Jun 2005
Posts: 38,543
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?
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?