*** IMPORTANT*** Question on imm....

dscvr

Registered Users (C)
Hi my friend moved to canada a few years ago, and will be becoming a canadian citizen soon.

The only thing is that she had overstayed her visa while in the USA, she is applicable for the 10 year bar. My question was when she becomes a canadian citizen, will the 10 year bar still apply? Can she enter the USA without any problem as a canadian citizen? thank you.

I would appreciate your thoughts!
 
Thank you for your reply. Her lawyer has told her that she can travel to the US but she will not be eligible to become a permanet resident? is it possible. thanks
 
dscvr said:
Her lawyer has told her that she can travel to the US but she will not be eligible to become a permanet resident? is it possible. thanks

Her lawyer is wrong. The re-entry bar is exactly that; a bar on re-entering the US, wether as an immigrant or a non-immigrant.
 
Thank you for the reply, but ,she is back in the US. She came in last week. This makes me wonder, does the bar really apply, or is it just talk?

Anyway good shes back.
 
dscvr said:
This makes me wonder, does the bar really apply, or is it just talk? Anyway good shes back.

The POE may not have been aware of it.

When did she overstay? By how long? Did she turn in the I-94 when leaving the US?
 
She had come on a dependent visa L2 and began to attend undergrad school her visa was for one year. When she applied for extension as dependent it was denied, her parents filed an appeal and the attorney told her she could continue studying till the appeal decision was made. It took more than 8 months and the appeal was denied. She had now overstayed for almost a year and the lawyer told her if she goes back she would be banned for 10 years. She finished her undergrad and left.

Yes while leaving she did not give her i-94 card, nobody asked her as well, surprisingly? She stayed in canada for more than 4 years, became a citizen and now is back in the USA. She will be applying to attend grad school in the fall. i thought you had to give your i-94 card right? if you dont then they get all you information, how does the bar work? do they stamp on your passport?

thanks
 
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