My 10 year Ban is up in December.


New Member
I am from Europe a visa waiver country. I had sent in a lawyer who was a total scammer and is now going to court facing other charges on fraud of $1 M + and scamming/frauding 20+ customers and not including me.

Anyways he lied to me and so on back in the day in 2005. There was a court date and I was told by him to leave the country and so on and was a total lie. I got a 10 year bar and then the last minute he sent someone in court another lawyer etc. I got a 10 year bar and have proof I left way before my court date.

In December I plan to see some old friends for Christmas and Shopping. I currently live in Canada under a PR and am married to my wife. ( I don't plan on staying in the US for more then 6 hours). With everything going on, with the news and the past life living in the US. Very scary everyone has a gun and what not. I just want to do some quick shopping and get with some friends here and there that I only talk to from time to time to catch up on old times.

Now my question is can I return or will I need a special visa since I was illegally in the country as a child for more then 10 years?

I entered on a 6 month vacation visa and grew up without a visa.

Thank you Philippe.
You would need a tourist visa. Read here:

This part applies to you:
"In the first four examples, you may not be eligible to visit the U.S. under the Visa Waiver Program, but you may be able to come with a visa. If the problem is with your passport number, it may be resolved by getting a new passport with a new number."

According to what you said your visa waiver application would have been denied. Still you can try online and see. If it works then you might be fine.
OK ESTA is for flying and sea travel but still you can check if you can get one maybe. I'm not sure if it requires a ticket number. You can investigate.
And regardless you need a visa I believe. Do ESTA check to see if you are in the system.

You said you got 10 year ban. If you are sure all these hold. Otherwise if you accumulated illegal presence when you were younger than 18 you might not have a ban....
You can apply for an ESTA anyway. It's $14 wasted if you're rejected, but you'll at least know that you'll need a visa that way. If you DO get the ESTA approved, I recommend trying to drive into Detroit way before your planned visit to see if they let you in, and if they have questions.
I guess even after my 10 years is up I need a waiver 212.

How come I read stories of others not dealing with this and just going back after 10 years? Is it due to having a deportation order?
If your ban is really 10 years and it is over then it doesn't exist anymore; it is not relevant anymore. There is nothing you file because the ban no longer exists. If, on the other hand, you really have a lifetime ban, then that is another matter.

Whether you can get a visa and/or enter the US is another matter. Just because you don't have a ban doesn't mean you will get a visa and/or be let into the US. Plenty of foreigners with no previous issues can't get visas. Having a previous overstay (regardless of whether you had a ban or not) generally disqualifies you for VWP, so you will have to get a visa. The fact that you have a previous overstay (regardless of whether you had a ban or not) may be a negative factor in consideration of whether to give you a visa.
So what's the point of banning someone for 10 years if they won't give you a visa in the end?

My passport country you get the visa once you get to the US. It's mainly a 90 day stay no more. I only wanted to go for a few hours shopping with the wife during Christmas and see a few friends here and there once in a blue moon.

So what kind of a visa would I need to get?

Thanks for the information. I've read of others who just went to the boarder after 10 years and got in after 10 years and it's a clean slate and so on. And can't say "no sorry because of your past" after the time is done? I might not know all the facts just wondering and no hurry to go rush back either.
I was told will need a B2 Visa from another forum. Are those easy to get or a pain in the neck? I was told by 1 lawyer it will run me $5k to apply for this visa and a time frame of 12 to 18 months. After hearing this I'm like "Ehhhh not really worth it to see a few friends or go to some autoshow" lol.
That's the tourist visa and normally it depends how strongly tied to his country. If the ties are strong easy to get otherwise difficult. But your difficulty doesn't come from the definition but your past. You overstayed once and now in their eyes you are more likely to overstay than an average person. So it would not be easy but also not impossible. Just apply and see. Just go there prepared.

The lawyer who asks you money to fill a visa application is a thief. It's pretty straightforward and easy. Lawyers are only needed in court if you are facing judge I'd say.
Thank you Ivnp.

I do got some savings here and back in my home country.

Yeah they wanted so much money and also try to say I would need some kind of a waiver for the B2 visa? Like really....

Also if I try to apply and get denied. Does that hurt the visa history? It is really unfair how it's being treated as I was a kid for over staying. I really had no place to go and was literly on the streets back home for a few months. Now got a new life here in Canada. Don't really care to live in the US just to go visit. As their health care system and gun control is out of hand.

It's really hard to prove them with anything really. And when I mean visa to go there I mean just for the day like 6 to 8 hours not months or weeks either. Just to go do some shopping with the wife. Like once or twice a month.
Since it was not under your control if you can explain that I'm sure it would make sense. Tourist visas are a bit luck. People with good ties sometimes get denied while people with almost no documentation to show get approved. It depends on many things that you do not have control. Do not worry if you get denied you can apply as many times as you want. there are many examples of that too people getting visas in their 3+ try.