Entry into US as a Canadian Citizen after 10 year ban

[Sweden25]

I will definitely wait 10 years, I'm not in any kind of rush. It feels better to talk/ask someone who been through this process...

This feels much better than walking around like a question mark for ten years !!
I assume i need to get a nonimmigrant-visa after ten years since I live in Europe and we need to have some sort of visa to enter U.S. Unless I just show up at the border (airport)

 

[mdmm]

Permanant Removal of ten years Bar to enter USA.
My ex US citizen wife divorced me in 1993.She charged me by Newyork police for harrassment but I was bailed out . She filed a case in USA Immigration court in NJ to deport me.Before decision I got Canada Immigration and moved to Canada in Mar.2000.In 2001 I got a notice (from NJ immigration court) of ten years Bar to enter USA, on my home address in Mississauga ON.Now it is 15 years past that ten years bar.Currently I am living in Mississauga ON as a Canadian citizen in my own house with my prsent Canadian citizen wife and daughter.My daughter is also US citizen,now living with me. Next year my US born citizen daughter will apply for admission in Medicine in different USA univiersities. ,I will have to travel to USA with my US citizen daughter.Parents of my wife are USA citizen living in Losangeles USA.She want to visit her old senior citizen parents and brothers in Losangeles too.So we both need permanant removal of Bar to enter USA. I have a permanant job for 11 years in Toronto Canada.
Where should I apply to remove this bar?

 

[newacct]

Permanant Removal of ten years Bar to enter USA.
My ex US citizen wife divorced me in 1993.She charged me by Newyork police for harrassment but I was bailed out . She filed a case in USA Immigration court in NJ to deport me.Before decision I got Canada Immigration and moved to Canada in Mar.2000.In 2001 I got a notice (from NJ immigration court) of ten years Bar to enter USA, on my home address in Mississauga ON.Now it is 15 years past that ten years bar.Currently I am living in Mississauga ON as a Canadian citizen in my own house with my prsent Canadian citizen wife and daughter.My daughter is also US citizen,now living with me. Next year my US born citizen daughter will apply for admission in Medicine in different USA univiersities. ,I will have to travel to USA with my US citizen daughter.Parents of my wife are USA citizen living in Losangeles USA.She want to visit her old senior citizen parents and brothers in Losangeles too.So we both need permanant removal of Bar to enter USA. I have a permanant job for 11 years in Toronto Canada.
Where should I apply to remove this bar?

If your bar is over, there is nothing you need to apply for, unless there are other bars you didn't know about.

 

[mdmm]

Hi,
Thank you very much for a nice reply. My worry is the complaint made by my ex US citizen wife ,who divorced me in 1993.She charged me by Newyork police for harrassment but I was bailed out and she also filed a case in USA Immigration court in NJ to deport me.
As a Canadian citizen my 10 years is gone.But will my arrest and deportation stop mw at USA border???
Please reply in detail.If so where can I apply to remove ANY bar ,if there is ???
Best Regards

 

[Suzana Antoine]

I have a question. I came to the states with a tourist visa in 2005 and got married to a US citizen. My application was denied because my husband didnt attend the final interview with me. They asked me to leave the States, and I came to Canada. Now, I am a canadian citizen and I even travelled to the States last June . I am planning to go again next month and I have a friend who told me I should have applied for a waiver because I had a deportation letter. I already bought my plane tickets and I am planning to meet with my new fiance there. Can you suggest anything? btw I applied for a tourist visa before becoming a canadian citizen, but I was denied. Thank you

 

[newacct]

I have a question. I came to the states with a tourist visa in 2005 and got married to a US citizen. My application was denied because my husband didnt attend the final interview with me. They asked me to leave the States, and I came to Canada. Now, I am a canadian citizen and I even travelled to the States last June . I am planning to go again next month and I have a friend who told me I should have applied for a waiver because I had a deportation letter. I already bought my plane tickets and I am planning to meet with my new fiance there. Can you suggest anything? btw I applied for a tourist visa before becoming a canadian citizen, but I was denied. Thank you

If you truly had a 10-year ban (which I am not sure from what you said you even did), it is over and there is nothing you need to apply for. You should be able to just travel to the US without needing anything else, but as always entry is not guaranteed. Whether to allow you entry is at the discretion of the immigration officer based on all your history of travel to the US and the purpose of your current trip to determine whether you will be a genuine visitor who will leave on time. Meeting a fiance raises questions of immigrant intent which could lead to denial of entry. If you plan to get married and stay int he US you may want to get a fiance visa instead.

 

[Suzana Antoine]

Thank you for the reply. I left the states in 2009. My fiance doesnt live in the states; he has a tourist visa. We ll just meet there to get married since it will be easier for us. We are not planning to overstay there.

 

[newacct]

Thank you for the reply. I left the states in 2009. My fiance doesnt live in the states; he has a tourist visa. We ll just meet there to get married since it will be easier for us. We are not planning to overstay there.

Oh nevermind I read the title of the thread and thought your situation was related. First, you need to figure out whether you have a ban and what bans you may have.

Were you actually removed, or were you given voluntary departure? If you were actually removed (given a removal order by an immigration judge), then you may have a 10-year 9A ban. If you were given voluntary departure and complied, you don't have that ban. If you have that ban, you could apply to have it removed permanently with I-212, or apply to waive it by filing I-192 at a US port of entry (they may also require you to file I-212 instead).

In addition, you may have a 9B ban depending on how much "unlawful presence" you had. You accrued "unlawful presence" during the period of time after your I-94 expired, and before you filed I-485 for Adjustment of Status, and also after your I-485 was denied, and before removal proceedings were begun against you. If that total time was more than 1 year, then you would have a 10-year 9B ban that would need to be waived by filing I-192 at a US port of entry.

 

[Suzana Antoine]

I was not removed. After my ex husband failed to go to the interview with me in September 2008, I received a letter from the judge saying that my case was denied that I was left without status, and to leave the United States right away. I left in February 2009. As I said, I travelled to the States last June with my canadian passport , and I did not have any issue. It s just that my friend said even though they let me enter once, that does not mean they will not refuse me. I already bought my plane tickets to travel on March 18, and I know if I apply for a waiver, It will be too late. Should I take the risk or cancel the travelling plan and apply for the waiver?

 

[newacct]

I was not removed. After my ex husband failed to go to the interview with me in September 2008, I received a letter from the judge saying that my case was denied that I was left without status, and to leave the United States right away. I left in February 2009. As I said, I travelled to the States last June with my canadian passport , and I did not have any issue. It s just that my friend said even though they let me enter once, that does not mean they will not refuse me. I already bought my plane tickets to travel on March 18, and I know if I apply for a waiver, It will be too late. Should I take the risk or cancel the travelling plan and apply for the waiver?

It is true that just because they let you in doesn't necessarily mean you don't have a ban (they could have made a mistake). But I am not sure based on what you have said that you have a ban in the first place. Does your unlawful presence (time in the US after I-94 expired, and excluding period of pending AOS application) add up to more than 1 year? It is also true that, even if you don't have a ban, you could always be denied entry (even if you were allowed entry before) for immigrant intent, but it's not possible to waive that.

Another complication is that Canadian visitors who weren't given an I-94 upon entry, are treated like people with I-94s without a date, and do not automatically start accruing unlawful presence on any date, and so your unlawful presence may have only started after your AOS denial, in which case you shouldn't have enough for a ban.

 

[Suzana Antoine]

I don't think it adds up to one year because I had a five year tourist visa when I decided to stay in the States in January 2005. I got married to a US citizen in July 2005, then applied for permanent residency. I had a work permit while I was waiting for my interview. I had my last interview in September 2008, and I was denied. I received the letter in October 2008, and I left in January 2009.

 

[mdmm]

If your bar is over, there is nothing you need to apply for, unless there are other bars you didn't know about.

Hi newacc .
Thank you for helping members of this forum with nice advices...I am an old member of this forum. My situation is very confusing ,created by my ex-wife (USA) citizen in NY. I am a Canadian citizen since 2001 .I left USA in year 2000.. I am not sure but I think , I may need some immigration forms to apply for waiver to visit USA , so I want to discuss with you as you know US immigration rules.
Kindly send me either your email or telephone number to discuss my situation. I lives in Mississauga Ontario.. Regards..my email is rightway44 at hotmail dot com

 

[newacct]

Hi newacc .
Thank you for helping members of this forum with nice advices...I am an old member of this forum. My situation is very confusing ,created by my ex-wife (USA) citizen in NY. I am a Canadian citizen since 2001 .I left USA in year 2000.. I am not sure but I think , I may need some immigration forms to apply for waiver to visit USA , so I want to discuss with you as you know US immigration rules.
Kindly send me either your email or telephone number to discuss my situation. I lives in Mississauga Ontario..

You didn't give much details about your situation but why do you think you have a ban?

 

[mdmm]

You didn't give much details about your situation but why do you think you have a ban?

My ex-wife in USA made complaint twice to police in 1997 (after divorce) that I am harassing her. Police arrested me twice but d I got bail twice . Then she filed a case of my deportation in INS court USA , claiming that I made a marriage fraud with her. She has a lot of false family members witness. So I filed immigration to Canada in 1999 and came to Canada in 2000 while deportation case was active in INS court . I moved to Canada and wrote a letter to INS Judge USA that I have left Canada and will live here in Canada and will not attend that INS court because she was bringing false witnesses. I got a letter of deportation with 10 years bar to visit US, on my address in Toronto in year 2001.
I lost the copy of that decision letter.. Now what is your opinion, please.

 

[newacct]

My ex-wife in USA made complaint twice to police in 1997 (after divorce) that I am harassing her. Police arrested me twice but d I got bail twice . Then she filed a case of my deportation in INS court USA , claiming that I made a marriage fraud with her. She has a lot of false family members witness. So I filed immigration to Canada in 1999 and came to Canada in 2000 while deportation case was active in INS court . I moved to Canada and wrote a letter to INS Judge USA that I have left Canada and will live here in Canada and will not attend that INS court because she was bringing false witnesses. I got a letter of deportation with 10 years bar to visit US, on my address in Toronto in year 2001.
I lost the copy of that decision letter.. Now what is your opinion, please.

It's been more than 10 years so the ban from deportation is not relevant. I would be more worried that since they claimed you committed immigration fraud, you could have the 6C misrepresentation ban, which is a lifetime ban. If you have that ban you would need a waiver.

 

[Damien gallanagh]

hi i got a 10 year ban back in 2001 when i tried to get back in to new york, since then i have moved to australia and have australian citizenship. when i was over in america i got arrested for having weed. just got a slap on hand and told that i would not have record. but when i got deported they asked me about arrest. i plan to travel to usa in 2017 with my family but will travel on my australian passport, will i have complications getting in with previous arrest? also my wife is a indonesian citizen will she need a visa?thanks

 

[F83]

Hi!
First of all Thank you everyone for creating such a wonderful form of information.
My situation is also simpler than all of you, but I am not sure If I have 10years ban or not. In 2007 I traveled to US on K-1 (Fiance) visa, but things didn't work out in the right direction and Lucky I didn't get married. I stayed until 2010 (almost 3years) and left US voluntary to my home country. While I was staying illegal I didn't receive any letter or any notice to leave the country.
When I was leaving In 2010 at the airport no one asked me anything and since I lost my I-94 form in 2007 so I didn't return at the airport. Now I don't know how they will know when I left the country and from what time to what time I had overstayed or maybe I left before my status expired. Any thought?
Long story short now I am a Canadian Citizen because my wife was Canadian so she applied and I came here.
I am planning to visit my family in the US soon. Do I have any chance or I will be banned for 10 years?
I know no one can give any guarantee, but any advice or thought will be highly appreciated.
Thanks

 

[newacct]

Hi!
First of all Thank you everyone for creating such a wonderful form of information.
My situation is also simpler than all of you, but I am not sure If I have 10years ban or not. In 2007 I traveled to US on K-1 (Fiance) visa, but things didn't work out in the right direction and Lucky I didn't get married. I stayed until 2010 (almost 3years) and left US voluntary to my home country. While I was staying illegal I didn't receive any letter or any notice to leave the country.
When I was leaving In 2010 at the airport no one asked me anything and since I lost my I-94 form in 2007 so I didn't return at the airport. Now I don't know how they will know when I left the country and from what time to what time I had overstayed or maybe I left before my status expired. Any thought?
Long story short now I am a Canadian Citizen because my wife was Canadian so she applied and I came here.
I am planning to visit my family in the US soon. Do I have any chance or I will be banned for 10 years?
I know no one can give any guarantee, but any advice or thought will be highly appreciated.
Thanks

According to the law you currently have a ban until 2020. If you want to apply for a waiver you can file I-192 with CBP.

It's possible you will get lucky and they will let you in anyway.

 

[devoidanz61]

Hi!
First of all Thank you everyone for creating such a wonderful form of information.
My situation is also simpler than all of you, but I am not sure If I have 10years ban or not. In 2007 I traveled to US on K-1 (Fiance) visa, but things didn't work out in the right direction and Lucky I didn't get married. I stayed until 2010 (almost 3years) and left US voluntary to my home country. While I was staying illegal I didn't receive any letter or any notice to leave the country.
When I was leaving In 2010 at the airport no one asked me anything and since I lost my I-94 form in 2007 so I didn't return at the airport. Now I don't know how they will know when I left the country and from what time to what time I had overstayed or maybe I left before my status expired. Any thought?
Long story short now I am a Canadian Citizen because my wife was Canadian so she applied and I came here.
I am planning to visit my family in the US soon. Do I have any chance or I will be banned for 10 years?
I know no one can give any guarantee, but any advice or thought will be highly appreciated.
Thanks

Just like newacct wrote, you have a 10-year ban. Just because you are a Canadian citizen now does not get rid of your previous unlawful presence. Aside from violating the terms of your K-1 visa (you did not get married within 90 days of entry into the US), you overstayed for 3 years.

You don't think the US government will know when you left the country? Try plane manifest. Every airline that leaves the US has to submit to the US government the plane manifest, which will contain your name and when you left the US. Not only that, Homeland Security will have your fingerprints in their database, given that you applied for a K-1 visa. Every non-US citizen entering the US gets fingerprinted at which point the computer will pull out your immigration history. You can be sure the immigration officer will know you've overstayed and that you're now trying to enter the US as a Canadian citizen on the VWP (visa waiver program) without applying for a tourist visa and a waiver of the 10-year ban first.

Even after your ban expires in 2020, you still are not allowed to enter the USA on the visa waiver program for Canadians. That visa waiver is only available to Candians who have never committed an immigration violation in the US. Because of your previous immigration violations, you are required to apply for a tourist visa from Canada even after your ban is over.

 

[newacct]

Just like newacct wrote, you have a 10-year ban. Just because you are a Canadian citizen now does not get rid of your previous unlawful presence. Aside from violating the terms of your K-1 visa (you did not get married within 90 days of entry into the US), you overstayed for 3 years.

You don't think the US government will know when you left the country? Try plane manifest. Every airline that leaves the US has to submit to the US government the plane manifest, which will contain your name and when you left the US. Not only that, Homeland Security will have your fingerprints in their database, given that you applied for a K-1 visa. Every non-US citizen entering the US gets fingerprinted at which point the computer will pull out your immigration history. You can be sure the immigration officer will know you've overstayed and that you're now trying to enter the US as a Canadian citizen on the VWP (visa waiver program) without applying for a tourist visa and a waiver of the 10-year ban first.

Even after your ban expires in 2020, you still are not allowed to enter the USA on the visa waiver program for Canadians. That visa waiver is only available to Candians who have never committed an immigration violation in the US. Because of your previous immigration violations, you are required to apply for a tourist visa from Canada even after your ban is over.

Canada is not part of the Visa Waiver Program. As a Canadian citizen, he/she does not need a visa to visit the US.