Canadian overstaing On TN Visa and now have another offer in U.S.A

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Maximus

New Member
I am a little confused on what to do guys....

As the title says I was originally working in U.S.A on a TN Visa got laid off April of 2015.
Left back to Canada Oct 2016 of my own free will. So I overstayed in U.S.A for well over a year which I now know is a 10 year ban complete stupidity on my part.......

I just got an offer from the company I was working for in U.S.A to come back.
Doing research online suggests doing an I-192 application with my TN visa and show them why it is okay for me to be let back into U.S.A

But I also just contacted an immigration lawyer
They are suggesting I just do an Affidavit with them and they also prepare my TN Visa.
So basically they just want to show the immigration agent at the border when I apply. I was a good person the time I was in U.S.A working paying my taxes etc and then just apply for the TN Visa. She told me the I-192 form was not the way to go with a TN Visa.

Any advice guys?
 
The unlawful presence ban is if you accrue 180 days / 1 year of "unlawful presence" and then depart the US, you trigger a 3-year / 10-year ban. "Unlawful presence" does not start accruing until you stay past the date on your I-94. You do not start accruing "unlawful presence" just by falling out of status or being laid off. So when did your I-94 expire?
 
My I-94 expired Sept 25, 2015...
My dumb ass returned Sept, 30 2016...
So just over a year....
Hurray for my dumb ass.
 
I was on a student visa from Aug 2010 - to May 2012 finished my degree in Petroleum Engineering in America.
Sept 25, 2012, obtained my TN Visa+
April 8, 2015, laid off
Sept 25, 2015, when my I-94 expired
Sept 30, 2016, left of my own free will back to Canada.

I had no clue the consequences of my actions.....
I am being advised since this is the only bad thing I have ever done..... Which is true.
Get the job offer and go to a point of entry and apply for TN Status with an affidavit of what I did and why I won't do it again etc.
 
Okay so you have a 10-year ban which will end Sep 30 2026. They cannot let you in during that time without a waiver. An "affidavit" won't help; a waiver is the only thing that can legally let you in. For entering as a nonimmigrant (e.g. TN), you need to get a nonimmigrant waiver by filing I-192 with CBP.

There is also the possibility that if you go to the border without a waiver, they may let you in by mistake, if they didn't know when you left and therefore didn't figure out that you have a ban. (But even if they let you in by mistake once, that doesn't mean they won't figure it out in a future entry and deny you entry from then on.)
 
I agree and this is where I am so torn...

I have always gone through the same land border crossing and under the impression Canada / U.S.A share information on that so won't they know when I left?
I have seen a lot of posts of people saying I've overstayed all the time and never get caught etc.
If I were to just go... Would they not see my previous I-94 and ask when I left? And I can only assume if they know the answer and let me hang myself..... I just made my situation worse.
 
Maximus said:
I agree and this is where I am so torn...

I have always gone through the same land border crossing and under the impression Canada / U.S.A share information on that so won't they know when I left?
I have seen a lot of posts of people saying I've overstayed all the time and never get caught etc.
If I were to just go... Would they not see my previous I-94 and ask when I left? And I can only assume if they know the answer and let me hang myself..... I just made my situation worse.
Click to expand...
Don't lie if asked. But maybe they won't ask.
 
Hi guys so doing some more research and checking what do you think of this.
I went to the I-94 Government website where you can track yourself and according to their own website, I am fine. No over-stay etc.
Is that what the officer will see also?

I am asking because I am leaning towards just going and rolling the dice.... I won't lie if asked those questions.
Worst that can happen is they turn my ass around correct?
 
What did you see that convinced you that you did not overstay?! The I-94 website only tracks issuance of I-94, not when you handed it back or whether you overstayed or not. The CBP do not use this site for their tracking.

Did you consult with an attorney yet? Guessing what will happen is not the best strategy.
 
h ttps://i94.cbp.dhs.gov/I94/#/home

It shows your travel history and you can also see your compliance.

Attorney wants to file for a waiver and 10 months from now get a waiver and I'll be minus about 5000 grand.
The job offer is for right now.
 
As I said, that site has no legal value, and says so itself:

"Please know, this tool is to assist you but not an official record of Legal Purpose."

You have a legal opinion (who obviously looked at the same info you had and dismissed it), so no point discussing now. Time to act.
 
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