Exclusion Order by Judge in 1993, Sent back to Canada when tried to re-enter in 2000

[fat_face]

A friend of mine is going through this situation,

He has an exclusion order against him by an Immigration Judge in 1993 for failing to appear. He subsequently moved to Canada and tried to come back with a canadian permanent resident card in october 2000, he was told to go back because he was previously excluded. He wants to come back to the U.S with a canadian passport now. It's been 10 years since last time he was sent back. Can he come back to the U.S at all, does he have to file for a waiver or not? What's the way to find out, file for an FOIA or apply for a visa at a U.S consulate in canada?

 

[namecheckvictim]

Canadian Citizens are not required to have a Visa, so you can't go that route. It seems like FOIA should be able to provide answers for you.

 

[fat_face]

Canadian Citizens are not required to have a Visa, so you can't go that route. It seems like FOIA should be able to provide answers for you.

FOIA takes a good part of an year for someone who is not in the country. True that canadians dont need a visa but isn't the consulate of a country, in this case the U.S, the only place to deal with issues or problems of this sort. I think the consulate should be able to tell if he needs a waiver or not.

 

[dafortycal]

Listen to yourself, and feel like a idiot. "Canadian Citizens are not required to have a visa", they do if the were ordered removed from the United States. Canada wasn't barred from returning, the person was. I don't think that there will be a issue since it has been more than 10 years. Don't feel bad, anr"other idiot thinks that someone was barred fot "Failing to Appear" I'm pretty sure there was another reason, in order for him for him to have a need to see a IJ in the first place.

Canadian Citizens are not required to have a Visa, so you can't go that route. It seems like FOIA should be able to provide answers for you.

 

[fat_face]

Listen to yourself, and feel like a idiot. "Canadian Citizens are not required to have a visa", they do if the were ordered removed from the United States. Canada wasn't barred from returning, the person was. I don't think that there will be a issue since it has been more than 10 years. Don't feel bad, anr"other idiot thinks that someone was barred fot "Failing to Appear" I'm pretty sure there was another reason, in order for him for him to have a need to see a IJ in the first place.

was slapped with a bar because he entered the U.S without proper documents in 93 thus resulting in an exlcusion hearing in front of the Immigration judge, he didn't appear so was ordered excluded as they called it then in absentia.

@darfocatyl... "i am pretty sure there was another reason for him to see IJ"...were u there when the judge ordered him deported? I guess you don't like straight answers and straight up situations and have to think something sensational to feed your miserable self.

 

[dafortycal]

I know very well what "in absentia" means, it isn't the same as a criminal "failure to appear" charge. So, the correct answer is that someone entered without the proper documents. That was the 212 charge, "not failure to appear," and might fail into one of the 212(a)(7) charges. Since he returned to Canada, he self deported himself, which could or might result in another immigration violation for 212(a)(6)(B) failure to attend removal proceedings, but they don't use that very often.

Now, if he attempted to re-enter in 2000, was he processed for a re-instatement under 212(a)(9)(A) and given a 20 year bar? All that would be required there would be a new I-294, I-871 and a I-205, which could be knocked out in a few minutes with the proper information. Without see the file, I think he is going to need a NIV if he wants to enter.