More details to this question:
Emergency Visa to USA Background of person wanting to travel to USA 1. Has a valid UK passport. 2. Was deported from US Jan 2012 on an expired (May 2010 18 months) Visitor Waiver visa. 3. Currently in Canada under a Canadian Work and Study permit exp 2018 4. Has bench warrant issued in CA in 2011 for DUI -working that issue now. Should be dismissed or turned into Conditional Probation for 3 years. 5. Has an assault charge in Canada. Case is closed. 6. Marriage is in separation status. 7. She fears for her safety as her husband is violent and has documented history of physical spouse abuse. 8. She lives barely on money she is given by husband. She has zero extra money. 1. Can she get into USA on an emergency visa of some sort? a. IF not, assuming #4 is resolved either way, what visa can she apply for to travel to USA? b. Will item #4 if ‘Conditional Probation’ stop reentry into Canada? c. Will form I-212 need to be submitted?
1 ANSWER
1. There is no emergency visa. She may be able to request a visitor visa but given her immigration and criminal history she is not likely to be approved.
a. She may apply for any visa for which she is eligible. There is simply not enough information to determine what visas she may be eligible for. However, her criminal and immigration history will make it very difficult to obtain a nonimmigrant visa.
b. Possibly. This question needs to be addressed to an experienced immigration attorney licensed to practice law in Canada.
c. Yes, if she continues to be barred due her deportation. She is either subject to a five or ten-year bar. She may also require a waiver under INA 212(d)(3) for the assault case depending upon the outcome of the case.
Answered on Jun 14th, 2016 at 2:45 PM