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Canadian Permanent resident wants to visit US

Discussion in 'Canada-USA Travel and Visa Issues' started by MiaRia, Nov 28, 2010.

  1. MiaRia

    MiaRia New Member

    I'm 16 and were originally from the Philippines but my family moved to the US when I was 8 because my dad got a good job in New Jersey so we moved to the US legally. A couple years later, our lawyer messed up our documents and didn't extend our visa so our visa expired and we lost status in the US. We lived in the US until 2009 when we decided to move to Canada because we'd become permanent residents there. So now I'm a Canadian permanent resident and I can come back to the US once i'm a citizen but that takes 3-5 years to process and I don't want to wait that long before I can go back to the again. Right after we moved to Canada, my sister got a US student visa because she was on a scholarship at a boarding school and she wanted to finish high school there. She was there for about a year or so but now she's going to university here in Canada. What are ways to be able to go back to the US? I know we can apply for a tourist visa but will we get denied because of our previous status back in the US? What are our chances? I just want to be able to go back at around 2012. Your help is much appreciated :)
     
  2. namecheckvictim

    namecheckvictim Registered Users (C)

    If they find out that you overstayed at POE, they will send you back. Lawfully even when you become a Canadian Citizen you are still not admissible into US until 2019.
    With your overstay you are facing a bar to enter US for 10 years, that is all true if they figure out you overstayed at POE, if you apply for a US Visa from Canada and you lie about your overstay and they find out they will bar you from entering US permanently, I think you should follow Don't ask Don't tell policy whenever you try to enter US after getting Canadian Citizenship at the border and see how it goes.
     
  3. Triple Citizen

    Triple Citizen Registered Users (C)

    Apply for a visa and see what happens. You will be asked to mention all your previous visits to the US and the consul will make a determination based on that. Whatever you do, do not try to hide your overstay.

     
  4. namecheckvictim

    namecheckvictim Registered Users (C)

    He don't even have to tell about the overstay because they will already know at the interview.
    It will be a waste of fee to apply for a visa, even before the interview on US visa application it asks about previous visits to US and their durations, before the interview those are matched and run through the CBP databases for a consular review at the interview.
    Once they get their Canadian Passports they might get overlooked at the border and be able to enter as then they will not be filling any forms requiring information.
     
  5. MiaRia

    MiaRia New Member

    Thanks for the replies guys :) I think its better to wait out the Canadian Citizenship then. If applying for a visa risks a ban from the US, then might as well wait. My mom told me that once we get a Canadian passport, our history will be wiped out and it would be a fresh start so we can go back to the US, is that the case?
     
  6. namecheckvictim

    namecheckvictim Registered Users (C)

    Your history will stay in the system til the doomsday, entering on the Canadian Passports if the US CBP send you to secondary then they most likely will send you back as you guys have a 10 year bar for admission into the US because of the overstay.
    If they just wave you in at the border and not go into details you have made it, 10 years after the day you left the US that bar is lifted and you will be allowed to make a lawful entry.
     
  7. Triple Citizen

    Triple Citizen Registered Users (C)

    That is not the case. Individual people are banned, not their citizenship or passorts.

     

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