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Issue at Port of Entry with I-94

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  • 04-27-2013, 10:10 AM
    blair9194
    Issue at Port of Entry with I-94
    Hi everyone,*

    Hope everyone is doing well.( because I'm not). I am going through some problem and I really hope someone can help me with this as this is driving me crazy.
    When I was 16 years old, I went through some awful situation that prompt my departure from my home country. My parent immediately sent me to the U.S. to then immediately cross the border to Canada(smuggled) and file a refugee claim. Unfortunately, I didn't have proper documentation to enter Canada. Since I was smuggled to Canada I didn't surrender my I-94. Now the U.S. thinks I ovestayed (I crossed the border 2 days after arriving the U.S. so I was never in the U.S. illegaly). I prayed so much that my refugee claim would get approved but it didn't. At the time that my refugee claim in Canada was rejected I was 18 years old. I was still uncertain whether I still faced danger in my home country or not. I decided that I was going back because I knew I was going to become an illegal person in Canada if I denied to go back. I didn't want to become an illegal person. So I went back to my home country. When I was back I would not get out of my house for my safety( was still uncertain about my safety). 10 months passed and I realized I had nothing to be scared about anymore and I somehow had to overcome my fears one day. *To this day, I am currently planning on attending university. I've heard that U.S. colleges/universities are among the best and I would really want to pursue a degree from an American university. So here is my issue, the U.S. thinks I overstayed. I hired a U.S. lawyer to correct my departure record. He sent my I-94 along with the proofs that prove my departure from the U.S. My lawyer said that everything should be fine and that I shouldn't have problem entering the U.S. again. What I'm scared of is WHAT questions is the border officer gonna ask regarding " why I failed to turn in my I-94" If I tell them I crossed the border to file a refugee claim then they are going to jump into conclusion that I want to file a claim in the U.S or that I'm afraid of my home country or just bad stuffs. Then they are going to deny me entry at the port of entry.I don't know how to respond if at the port of entry they start questioning me! Please someone , if you could give advice on this It would be very much appreciated. I'm so scared. I love my home country and I'm glad things have gone back to normal. I DO NOT plan anything unlawful in the U.S. *I just want to pursue a degree. I want to have a good education. I'm scared the things from the past are going to come back and somehow mess things up.*
    *
  • 04-27-2013, 10:28 AM
    Mr. Knowitall
    Re: Issue at Port of Entry with I-94
    If an immigration officer asks you a question, you are expected to answer truthfully. With your lawyer documenting that you were in Canada, you can be quite certain that the immigration officer will already be aware of that history. If the immigration officer finds that you made a false statement in an effort to enter the U.S., you may find yourself permanently barred from entry.

    You have an immigration lawyer working on your case - you should discuss your concerns with your lawyer.
  • 04-27-2013, 10:43 AM
    blair9194
    Re: Issue at Port of Entry with I-94
    What kind of questions would they ask at the port of entry? Is there a reason to deny me entry into the U.S. just because I previously made a refugee claim? I did nothing illegal in the U.S. and I left way before my authorized period of stay.
  • 04-27-2013, 03:18 PM
    T53147
    Re: Issue at Port of Entry with I-94
    You will have to obtain a visa before attempting to enter the US again. A student visa does not permit the holder to have immigrant intent. Since you have previously filed an asylum claim in Canada, you will have a big hurdle to convince the officer issuing visas that you will not do the same in the US.

    You did not indicate the reason that required your immediate departure from your home country. That may affect your visa chances.

    You have an attorney working on your case. You really should address all of your questions and concerns to him/her for the best advice.
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