Entering the U.S. After Expiration of 10-Year Bar canadian citizen

S

SRKHAN

Registered Users (C)
hi.
i hope someone can clarify few things for me
i had 10 year bar from entering usa for over staying my visitor visa in 2001.
my 10 year bar expires next year 2011.
my questions are following.
1. can i freely visit usa for short visit after my 10 year ban expires next year or
2. do i still need to apply for us waiver form I 192?
3. if us waiver not required, do i need any additional documents?
i'm canadain citizen and planning to visit by road thru peace bridge.
if someone has personal experience with similar situation please help!! thanks
 
Once you have completed your 10 years, you are free to travel legally. Expect confusion on the part of the CBP Officer that you deal with and be prepared for it. Have you still got the document that they gave you when you left? If yes bring it with you to the border or pre-inspection in Canada if flying from an airport with pre-inspection or for use when you get off the plane. If you wanted to travel before the bar ends:

FROM www.uscis.gov

Note: If you are seeking admission under the Visa Waiver Program (VWP) pursuant to INA section 217, you should NOT file this form (I-192). Aliens from VWP countries who are inadmissible must apply for a nonimmigrant visa at a U.S. Embassy or consulate for authorization to travel. You should contact the appropriate U.S. embassy or consulate if you have any questions regarding your admissibility under VWP.

You might want to call ahead of time just for peace of mind.
 
Last edited by a moderator:
thanks guys for replying back/
my problems is that i have no paperwork/ don't recall getting any papers from immigraiton officer at pearson airport!! only thing he said was to apply for us waiver i 192 (he even gave me the form) if i needed to go back within 10 years. i do have my boarding pass from the day i was refused entry in 2001.
would us custom/immigration office at pearson help me?? they did take my finger prints and all other info/ im sure they would have it in there records? any suggestions..
 
You were given no paperwork? I know procedures vary a little when dealing with US pre-clearance facilities. For example, they cannot keep you in any form of custody.

SRKHAN said:
i do have my boarding pass from the day i was refused entry in 2001.
Click to expand...
 
They have a record. You interacted with an INS (would now be CBP) Officer at departure (or refusal). That Officer made a note in the computer, so, even if you have nothing, they can look you up. You may get sent to secondary inspection if it is not handled at pre-inspection.
 
thanks bigjoe5, your reply is helpful. you r right they should have my record in system/. i do have another quesion, not sure if some can help.
does my bar started when i left usa in may 2001 or did it start when i tried to enter and was refsued in dec 2011? again hoping cbp can clear this for me.
thanks again.
 
SRKHAN said:
thanks bigjoe5, your reply is helpful. you r right they should have my record in system/. i do have another quesion, not sure if some can help.
does my bar started when i left usa in may 2001 or did it start when i tried to enter and was refsued in dec 2011? again hoping cbp can clear this for me.
thanks again.
Click to expand...

It depends on how you left in May. Did you get some notice or interact with anyone to confirm your departure in some way?
 
i simply left. did not interact with anyone! but i'm hoping cbp officer asked me this when i tried to re-enter in dec 2001. and i'm sure i told them, i left in may 2001.
 
hELLO Srkhan,
I have a very similar situation.
Hello,

I'd like to come to the US.

The problem is that: last time, I got into the US with a 3 months tourist permit(I didn't even need to apply for it, since I'm Italian) and I overstayed 4 years in L.A.; that's why I can't get another tourist visa, or can I? I left the US IN March 2005, more than 11 years ago.

I'm Italian and I live in the UK now.

1) I want to come back, as a tourist (probably just 3-4 weeks) and this time I have to obey all laws. I don't know if this is a difficult situation, or if because more than 10 years have gone by (from when I left), I'm now "clean" as if nothing happened? Now that the Ban should be well over expired could I easily come back as a tourist for up to 90 days, as before I ever came to the US (with the VWP)? Have you ever seen such a thing?

In the meantime my passport expired, so I made a new one in 2012 which has got different codes/numbers on it (apart from my generalities). Can I use the VWP?

Thanks again for your help.
Update: I was never asked to leave, nor I tried to re-enter. I just know that after ppl overstay they get a 10 year ban automatically
 
ge1 said:
hELLO Srkhan,
I have a very similar situation.
Hello,

I'd like to come to the US.

The problem is that: last time, I got into the US with a 3 months tourist permit(I didn't even need to apply for it, since I'm Italian) and I overstayed 4 years in L.A.; that's why I can't get another tourist visa, or can I? I left the US IN March 2005, more than 11 years ago.

I'm Italian and I live in the UK now.

1) I want to come back, as a tourist (probably just 3-4 weeks) and this time I have to obey all laws. I don't know if this is a difficult situation, or if because more than 10 years have gone by (from when I left), I'm now "clean" as if nothing happened? Now that the Ban should be well over expired could I easily come back as a tourist for up to 90 days, as before I ever came to the US (with the VWP)? Have you ever seen such a thing?

In the meantime my passport expired, so I made a new one in 2012 which has got different codes/numbers on it (apart from my generalities). Can I use the VWP?

Thanks again for your help.
Update: I was never asked to leave, nor I tried to re-enter. I just know that after ppl overstay they get a 10 year ban automatically
Click to expand...
You can't use VWP anymore. You can try to apply for ESTA, but it will be denied. You have to apply for a visitor visa. Just because you don't have a ban doesn't mean you will get a visa; lots of people are denied visas all the time. Your history of overstay is certainly a negative factor in deciding whether to give you a visa.
 
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