Q: Employer filed a petition with the USCIS for my O-1B visa. It was approved while in Canada - Unlawful Presence 3yr ban?
My employer did not file from my P1 to O1 in a timely manner, as soon as I found out that i was only in pending status I headed back to Canada. I received a 3 year ban for overstaying under 180 days. My O1 visa was approved while I'm in Canada and my employer sent me a copy of my approved 797B. I tried to cross back to the US but was told I need a waiver? Is it best to file the i-192 at the port of entry or go through the US Consulate in Toronto to speed up the process? Please advise.
A: The stated facts create a complex case.
Seek opinions from an experienced immigration attorney. Good luck. www.aba-us.com
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