Entry into US as a Canadian Citizen after 10 year ban

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newacct said:
Canada is not part of the Visa Waiver Program. As a Canadian citizen, he/she does not need a visa to visit the US.
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Well, the no visa policy between the US and Canada is a special visa waiver program that allows Canadian citizens to enter the US on a 'visa waiver'. Canadian citizens do not need a visa to enter the US and neither do citizens of Visa Waiver Program countries (who do need to fill out and get approved for ESTA unloike Canadians who don't need ESTA). But you're right, the rules are different for Canadians than VWP countries. I confused the two and thank you for the correction.

Let me modify my previous statement then. Forumer F83 who's now a Canadian citizen is subject to a 10-year bar and therefore inadmissible to the USA until 2020. On or after 2020, as long as F83 has no other inadmissibilities (criminal, misrepresentation, etc...), he can just show up at a US port of entry with his Canadian passport without need for applying for a US visa in advance.
 
Hello,

Please allow me to piggy back on this post with a question of my own.

I went to the US when i was 11, unfortunately, wasn't aware that overstaying was an issue. I overstayed my visa for over 10 years, eventually i was asked to leave and i left "Voluntarly". I have a ten year ban to enter the US. I'm now back in my home country, being in a third world country after living in the states for 15 years since i was 11 is proving to be difficult for me. So i'm looking for a better life for myself, It has been 5 years and i'm thinking of going to Canada. Now, as Jarvis777 mentioned in his post, I've read that the US and Canada share immigration info. What are my chances of entering Canada, let alone migrating there?
 
devoidanz61 said:
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.
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Just to let you know that US Visitor Visa (B1/B2) doesn't exist as a category for Canadian citizens. No US Embassy/Consulate in Canada or anywhere in the world for that matter is allowed to issue this type of visa for Canadian passport holders. Canadian citizens (or dual citizenship Canadians) applying to enter US as a visitor are only allowed to apply directly to CBP at US border entry points. If a travel waiver is needed CBP officer will inform Canadian Passport holder directly at the Port of Entry.
 
Igor288 said:
Just to let you know that US Visitor Visa (B1/B2) doesn't exist as a category for Canadian citizens. No US Embassy/Consulate in Canada or anywhere in the world for that matter is allowed to issue this type of visa for Canadian passport holders. Canadian citizens (or dual citizenship Canadians) applying to enter US as a visitor are only allowed to apply directly to CBP at US border entry points. If a travel waiver is needed CBP officer will inform Canadian Passport holder directly at the Port of Entry.
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I already corrected myself. See post #41. Thanks.
 
Same here, I'm a Canadian, 10 years bar will be over in Jan 2017.
3 months ago I contacted US Homeland Security to ask when my BAR will be removed. It took 40 days to processed. The Homeland is mailing me a letter and should be received next 2 weeks.
I'm very excited to see what they are sending to me. Will keep posted here as soon as the letter has arrived.

Cheers
 
Hello all , I would love to get some advice from you in regards to my 10 years ban. My grandpa is really sick and I really want to visit him . I am currently a protected person waiting for the final step of my permenant resident I do hold a travel document . I went to get a visa from the USA embassy in Vancouver last month and got denied on reasons of : Section 212(a)(9) (B)(2): unlawfully presence for over one year after turning 18 . 9B2 until 1 July 2020 . 92A (ordered removed) by DHS/ICE. 10 year ban on reentry until 1 July 2020 . Is it possible to waive this so I can go visit him ? What would I need? Thank you so much.
 
fsfh60 said:
Hello all , I would love to get some advice from you in regards to my 10 years ban. My grandpa is really sick and I really want to visit him . I am currently a protected person waiting for the final step of my permenant resident I do hold a travel document . I went to get a visa from the USA embassy in Vancouver last month and got denied on reasons of : Section 212(a)(9) (B)(2): unlawfully presence for over one year after turning 18 . 9B2 until 1 July 2020 . 92A (ordered removed) by DHS/ICE. 10 year ban on reentry until 1 July 2020 . Is it possible to waive this so I can go visit him ? What would I need? Thank you so much.
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The consular officer who denied you should inform you how to request a waiver.
 
iceearth9 said:
Same here, I'm a Canadian, 10 years bar will be over in Jan 2017.
3 months ago I contacted US Homeland Security to ask when my BAR will be removed. It took 40 days to processed. The Homeland is mailing me a letter and should be received next 2 weeks.
I'm very excited to see what they are sending to me. Will keep posted here as soon as the letter has arrived.

Cheers
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Can you please tell us what kind of letter you received?
 
iceearth9 said:
Same here, I'm a Canadian, 10 years bar will be over in Jan 2017.
3 months ago I contacted US Homeland Security to ask when my BAR will be removed. It took 40 days to processed. The Homeland is mailing me a letter and should be received next 2 weeks.
I'm very excited to see what they are sending to me. Will keep posted here as soon as the letter has arrived.

Cheers
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Have you received the letter yet ? And if you have what are they saying ?
 
Abeena said:
Have you received the letter yet ? And if you have what are they saying ?
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I went to the borders found my bar was over. I drove to Montana for 2 hours and headed back to Canada. I flew to Florida 3 day after. I'm now in the US got 30 days stamp on my passport. I will be returning to Canada on the 28th Feb and will come back to Florida again hope they let me stay for another 6 months.
 
iceearth9 said:
I went to the borders found my bar was over. I drove to Montana for 2 hours and headed back to Canada. I flew to Florida 3 day after. I'm now in the US got 30 days stamp on my passport. I will be returning to Canada on the 28th Feb and will come back to Florida again hope they let me stay for another 6 months.
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HEllo Iceearth9, witch Department did you call to get your BAR status? thanks
 
Hello all good morning,

My name is Israel, back in 2008 i was deported from the USA due a illegal entry and sating for a period of 3 years.
I got a 10 years Ban, with is almost over in one year.

About 8 months ago I applied for a I-212 witch was approved and now i have to apply for a I-192.

Now comes my question. IF i apply for a waiver and it's approved, i have to keep renewing it even after the 10 years is passed,(i'm a Canadian citizen with out criminal records) or in mid 2018 when my deportation completes 10 years the BAR is over and i no longer need to renew?


Thanks a lot.
 
Hi,

I am canadian citizen since 1990 and i was banned entry to the US at a cross border for no real reason, after arguing with the guy for 1h30 he finally said i dont like your face. This was back in 2010, finally i enterred illegally to the US and was vacationing there for a month or so and i was stopped at a road block and arrested. I spent 2 months in jail paidover 10 000$ US in lawyer fees and finally i was discharged with a mistermeanor and deported back to Niagara Falls, Canada and got a 10 year ban.

It has been now over 7 years and most of my family lives in the US and i really would like to visit them. My question is can i get a pardon or waiver to enter before the 10 years ban elapse or do i really have to wait those 10 years. I am ready to a lawyer involved but just wanted to see what you guys think about this, is it worth applying for a waiver or am i wasting my time.


thank you
 
Sambo1984 said:
Hi,

I am canadian citizen since 1990 and i was banned entry to the US at a cross border for no real reason, after arguing with the guy for 1h30 he finally said i dont like your face. This was back in 2010, finally i enterred illegally to the US and was vacationing there for a month or so and i was stopped at a road block and arrested. I spent 2 months in jail paidover 10 000$ US in lawyer fees and finally i was discharged with a mistermeanor and deported back to Niagara Falls, Canada and got a 10 year ban.

It has been now over 7 years and most of my family lives in the US and i really would like to visit them. My question is can i get a pardon or waiver to enter before the 10 years ban elapse or do i really have to wait those 10 years. I am ready to a lawyer involved but just wanted to see what you guys think about this, is it worth applying for a waiver or am i wasting my time.


thank you
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It sounds like you have a 10-year 9A ban for being deported from inside the US. If you want to visit as a nonimmigrant during these 10 years, there are 2 ways to overcome the ban: a) You can apply for a nonimmigrant waiver, which will temporarily waive the ban; for a Canadian citizen, you would file I-192 with CBP; or b) You can file I-212 to apply for "permission to reapply" which will permanently get rid of the ban. Note that even if you apply for a waiver, they might ask you to file I-212 instead.

Note that even without the ban (i.e. if you got it waived or if the ban is over), that doesn't mean they will let you in -- they can always still deny you entry with the generic reason of "failing to overcome the presumption of immigrant intent" for which there is no waiver; and your past history is a negative factor that will affect their determination.
 
Sambo1984 said:
Hi,

I am canadian citizen since 1990 and i was banned entry to the US at a cross border for no real reason, after arguing with the guy for 1h30 he finally said i dont like your face. This was back in 2010, finally i enterred illegally to the US and was vacationing there for a month or so and i was stopped at a road block and arrested. I spent 2 months in jail paidover 10 000$ US in lawyer fees and finally i was discharged with a mistermeanor and deported back to Niagara Falls, Canada and got a 10 year ban.

It has been now over 7 years and most of my family lives in the US and i really would like to visit them. My question is can i get a pardon or waiver to enter before the 10 years ban elapse or do i really have to wait those 10 years. I am ready to a lawyer involved but just wanted to see what you guys think about this, is it worth applying for a waiver or am i wasting my time.


thank you
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Wasting your time imo
 
I am a Canadian Citizen living in Canada. I am originally from Pakistan. I went to USA while I was Pakistani citizen in 2005 on b1/b2 Visa and got married to a US citizen then I filed for the change of status and got work permit so while I was waiting for the green card interview I got divorced and got the interview date for Geen card it was in 2007. But I left US before the interview date and did not show up for the interview as I was already divorced and there was no point of going for the interview. Then I was told by my relatives that USCIS sent a letter asking to appear before an immigration judge in October 2007. I recently found a hotline number where you can check if you were ordered deportation and I found out that. I was ordered deported in Feb 2008. It all happened when I left US already in April and 2007. I would like to visit US now as a canadian citizen but I am not sure if my 10 year ended in April 2017 or will it end in February 2018.
Thanks


 
Sambo1984 said:
Hi,

I am canadian citizen since 1990 and i was banned entry to the US at a cross border for no real reason, after arguing with the guy for 1h30 he finally said i dont like your face. This was back in 2010, finally i enterred illegally to the US and was vacationing there for a month or so and i was stopped at a road block and arrested. I spent 2 months in jail paidover 10 000$ US in lawyer fees and finally i was discharged with a mistermeanor and deported back to Niagara Falls, Canada and got a 10 year ban.

It has been now over 7 years and most of my family lives in the US and i really would like to visit them. My question is can i get a pardon or waiver to enter before the 10 years ban elapse or do i really have to wait those 10 years. I am ready to a lawyer involved but just wanted to see what you guys think about this, is it worth applying for a waiver or am i wasting my time.


thank you
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Buddy, there's no such thing as being banned to enter the US "for no reason". As ridiculous as it sounds, if the officer did not like your face, well then...there's your reason. But honestly, you should know NEVER to argue with a immigration/border officer. Maybe on the Canadian side since you're Canadian but definitely NOT on the US side. Either way, the power is always and always is, in their hands. By your own admission, you managed to successfully red-flag yourself. That was dumb! Yes, you can try the option of applying for a 'waiver'. But I've heard and read waivers are even harder to obtain as you have to prove why you're requesting the IO to grant a waiver in the first place since you've already proved you're a US immigration law breaker based on your record. I'd say don't bother at this time unless you really have a need to go to the US other than just "visit" most of your family there. By the way, I know first hand stories of people who are currently banned but needed to go to the US for serious medical reasons and were still denied the waiver. Why do you want to risk adding yet another "denial of entry" to your already problematic immigration history? Lawyers, waivers/visas cost money but if you have it in abundance, by all means go for it! Otherwise, wait it out and see what happens after your 10 year ban is over. NO. You can not get a "pardon". Remember, you've been jailed and deported once before so, even after your 10 year ban is over, there is NO guarantee you'll be allowed to enter the US on your first legal attempt. Be a little bit more smart about your decision making process. FYI - any reputable US immigration lawyer will tell you the same unless they just want to chew your $$$$$. Oh and they will. I ain't no lawyer but take it from me, your chances of being legally allowed back into the US at the moment are ZERO to NONE! You have 3 more years to go on your current ban. What's the big deal? Live your life in Canada, be realistic and learn from your mistakes.

You asked for it and there you have it! Peace!
 
Hank Moody said:
I am a Canadian Citizen living in Canada. I am originally from Pakistan. I went to USA while I was Pakistani citizen in 2005 on b1/b2 Visa and got married to a US citizen then I filed for the change of status and got work permit so while I was waiting for the green card interview I got divorced and got the interview date for Geen card it was in 2007. But I left US before the interview date and did not show up for the interview as I was already divorced and there was no point of going for the interview. Then I was told by my relatives that USCIS sent a letter asking to appear before an immigration judge in October 2007. I recently found a hotline number where you can check if you were ordered deportation and I found out that. I was ordered deported in Feb 2008. It all happened when I left US already in April and 2007. I would like to visit US now as a canadian citizen but I am not sure if my 10 year ended in April 2017 or will it end in February 2018.
Thanks

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I am not sure whether you can reopen the deportation for the reason that you did not receive the notice (because you had already left the US). But it's probably not worth it as the ban will be over soon anyway. I think it would be 10 years from the deportation order, which would be Feb 2018.
 
So an update I was successfully able to cross the border after 10 years ban was over from white rock BC. CBP questioned me for half an hour mostly when did I leave and what do I do here in Canada and I was granted the entry. :) so once your 10 years are over nothing to worry about just be ready for some questions.



Hank Moody said:
I am a Canadian Citizen living in Canada. I am originally from Pakistan. I went to USA while I was Pakistani citizen in 2005 on b1/b2 Visa and got married to a US citizen then I filed for the change of status and got work permit so while I was waiting for the green card interview I got divorced and got the interview date for Geen card it was in 2007. But I left US before the interview date and did not show up for the interview as I was already divorced and there was no point of going for the interview. Then I was told by my relatives that USCIS sent a letter asking to appear before an immigration judge in October 2007. I recently found a hotline number where you can check if you were ordered deportation and I found out that. I was ordered deported in Feb 2008. It all happened when I left US already in April and 2007. I would like to visit US now as a canadian citizen but I am not sure if my 10 year ended in April 2017 or will it end in February 2018.
Thanks

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