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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Reentry After Application for Admission is Withdrawn

    My wife and I were residing in the USA. We are Canadians citizens and did not know that we had to go back and forth every 6 months. She never worked in the USA I did. When we came to my brother wedding and tried to go back we were told to sign an application for admission withdrawn. It has been a year and 2 months, now my wife wants to go back with our 3 kids one of which is an American to visit my Grandmother who is very ill. Can she apply for a visa or is there something else she might need to do. Can anyone please help us.
    Thank you;

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Reentry After Application for Admission is Withdrawn

    So by "residing in the U.S.A." you mean that you entered as tourists, set up residence, you (but not she) worked illegally, and you stayed at some point in time for well over six months? If so, it would appear that she has an overstay of some undefined length that would disqualify her for visa waiver, and perhaps also has a period of ineligibility if her overstay was 180 days or more.

    If she has no period of ineligibility due to overstay but has disqualified herself from the visa waiver program, she can seek a tourist visa. Obtaining a visa would make it quite likely that she could enter for the visit with your mother (I take it you're not going?) but would not be a 100% guarantee. She would likely benefit from being prepared to document her present ties to Canada and to show her prepaid return ticket (assuming she's flying) in the event that her intentions become an issue at the port of entry.

    We don't have the details necessary to analyze her situation, so it would be sensible for her to consult an immigration lawyer.

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