10 year bar is over - can i re-enter USA?

Brewster000

New Member
Hi, so I had a 10 year ban from the US when I was 21 for multiple arrests. Mostly drug paraphernalia. I was a permanent resident at the time. I got arrested went to immigration court and got deported back to Canada. I lived in the US since I was about 8 years old legally.

My 10 year ban is up and would like to go visit my parents and siblings. Do I need a waiver or can I just drive to canada border with all my paper work (job letter, property taxes, home ownership) and try to get through.
 
Yes I was born in Canada. Moved to USA when I was 8. Deported to canada at 21. Now my 10 year ban is over.

I am trying to get back into USA. If there is any confusion.
 
If your ban is over, you do not need a waiver (there is nothing to waive). You can just seek entry to the US on your Canadian passport. (Of course, that doesn't mean they will necessarily let you in.)

In addition to the 10-year ban for being removed, it is possible that you might also have the lifetime ban for multiple criminal convictions and/or the lifetime ban for controlled substance violations. If you have either of these bans, your bans would not be over, and if you want to visit you would have to apply for a nonimmigrant waiver with I-192.
 
If your ban is over, you do not need a waiver (there is nothing to waive). You can just seek entry to the US on your Canadian passport. (Of course, that doesn't mean they will necessarily let you in.)

In addition to the 10-year ban for being removed, it is possible that you might also have the lifetime ban for multiple criminal convictions and/or the lifetime ban for controlled substance violations. If you have either of these bans, your bans would not be over, and if you want to visit you would have to apply for a nonimmigrant waiver with I-192.


Well I have the paperwork when I went to court. All I signed was for a 10 year ban. Not a lifetime ban.
 
Whether you have ban is based on the law and the facts of your situation. It does not depend on what paperwork you have or what you signed.
 
Whether you have ban is based on the law and the facts of your situation. It does not depend on what paperwork you have or what you signed.


So all my court hearings and what the judges verdict that he gave me doesn't matter and basically was a lie?
 
So all my court hearings and what the judges verdict that he gave me doesn't matter and basically was a lie?
The immigration judge decision was to deport you. That was not a lie. The 10-year ban was due to the law, which says someone removed from inside the US triggers a 10-year ban for the first time. It's the fact of you being removed that causes the ban. There might be other bans caused by facts of your case.
 
No the judge wanted to give me a 5 year ban with voluntary deportation. The state attorney fought for the 10 year ban with non-voluntary deportation and thats what ended up happening. The state won and that was my verdict.
 
Were you ever convicted on any charges relating to drugs? US immigration authorities are notoriously unforgiving on anything to do with narcotics. If you have a conviction it will be very difficult to get back in as this is an inadmissibility; it is possible that even just having multiple drug-related arrests may make it difficult, even with no convictions. This is an entirely separate issue from the ten-year ban related to deportation.
 
Yea I have been charged never convicted. Should I drive to the border to find out or is there any other way to find out if I'm allowed to cross??
 
Just drive to the border with plans for successful entry, bring court documents, evidence of strong ties to Canada, (evidence of job in Canada, home ownership, etc). Dress appropriately, be polite, answer questions truthfully and cross your fingers. Don't volunteer info unless asked.
Once they scan your Canadian Passport, they will likely ask you to pull over to secondary inspection for more questions.
If you plan to visit family for a few weeks, I would think they should let you in.
You won't know until you try. But be prepared you may be refused entry.
 
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