Overstaying in the US, banned for 10 years, becoming Canadian citizen.

#1
Hi all,
I was overstaying my non-immigrant visa for 2 years before I left voluntarily less than 10 years ago.

Moved to Canada after I left the US and in the middle of becoming Canadian citizen.

As Canadian citizen, I don't need visa to travel to the US as visitor or business or transit, that said I'm wondering how the 10 years ban system works:

1. If I travel to the US WITHIN 10 years ban period, at the POE, when I give my Canadian passport, US POE system will be able to know that I am banned?

2. If I travel to the US AFTER 10 years ban, do I just go the POE, give my Canadian passport and they will let me in?

3. My son was born in the US so when he is 17 years old, he can sponsor me to be US green card holder and it will be AFTER the 10 years ban. That said, would the fact I was on 10 years ban affecting my green card application?

TIA!
 
Last edited:

SusieQQQ

Well-Known Member
#2
1. Yes. It’s you that’s banned, not the passport. That‘a one of the reasons they use biometrics.

2. They may let you in, or they may not, if they think you will be an overstay risk again.
 
#3
1. Yes. It’s you that’s banned, not the passport. That‘a one of the reasons they use biometrics.
OK, so, the system will automatically know that I am banned based on biometrics, name, etc and they will not let me in.

Awaiting the answer to question no. 2. Anyone?
 
#4
1. Yes. It’s you that’s banned, not the passport. That‘a one of the reasons they use biometrics.

2. They may let you in, or they may not, if they think you will be an overstay risk again.
Follow up questions:

1. When I enter the US (and I never leave since then except when I left the country for good), it was prior to the biometrics system, so, do you think the system will still know just based on information from the passport?

2. After the 10 year ban, would I be completely off the list? Or, is there audit trail which the reason why you said they may think I'm at risk to be overstaying again. This mean, even AFTER 10 year ban, they still can tell that I was on the list?
 

SusieQQQ

Well-Known Member
#5
Overstay is on your record for the rest of your life.

Not sure what you mean by “before biometrics”, if you are still subject to a ten year ban at present after a two year overstay then they would have taken at least two of your fingerprints on entry.
 
#6
Overstay is on your record for the rest of your life.

Not sure what you mean by “before biometrics”, if you are still subject to a ten year ban at present after a two year overstay then they would have taken at least two of your fingerprints on entry.
OK, so, 10 year ban is a list of people who are banned to enter the country and people can be off of this list so they are no longer banned but their overstay record will stay forever with them.

What I mean is this, they started taken fingerprints sometime in mid 2000's, correct? Prior to that, fingerprints was not a requirement at POE.

I came to US before they require fingerprints at POE and never left the country until I left for good. That said, I don't think they have my fingerprints in the system if they never took it in the first place. I enter the country in 2004, was on a valid visa until I was overstaying it. Did fingerprints/biometrics already in place in 2004?
 

SusieQQQ

Well-Known Member
#7
OK, so, 10 year ban is a list of people who are banned to enter the country and people can be off of this list so they are no longer banned but their overstay record will stay forever with them.

What I mean is this, they started taken fingerprints sometime in mid 2000's, correct? Prior to that, fingerprints was not a requirement at POE.

I came to US before they require fingerprints at POE and never left the country until I left for good. That said, I don't think they have my fingerprints in the system if they never took it in the first place. I enter the country in 2004, was on a valid visa until I was overstaying it. Did fingerprints/biometrics already in place in 2004?
yes, fingerprinting was in place by 2004.
 

newacct

Well-Known Member
#8
They know when you entered the US. The US has no exit checks, and they might not know when you left, if you didn't turn in your I-94. So, they might not know whether you overstayed or not. However, the next time you enter the US, they might see that they don't know when you left the last time, and they can ask you to tell them (and prove to them) the date you left. At that point, you will have to tell the truth, and they will discover that you have a ban.
 
#9
They know when you entered the US. The US has no exit checks, and they might not know when you left, if you didn't turn in your I-94. So, they might not know whether you overstayed or not. However, the next time you enter the US, they might see that they don't know when you left the last time, and they can ask you to tell them (and prove to them) the date you left. At that point, you will have to tell the truth, and they will discover that you have a ban.
I did turn in my I-94 to the airline agents. Not sure if they did hand it over to the CBP?

I'm not originally from a country with US visa waiver, therefore, if I don't have canadian passport, I have to apply for visa at US embassy. That said, I'm assuming your comment referring to if I'm entering the country using Canadian passport and that's what will happen at POE. Is that correct?
 
#10
if you turned in your I-94 to airline, they will have given to CBP.
Also note, all airlines share passenger manifests with CBP with full legal names, date of birth, country of citizenship, passport number, etc.
Although USA does not have formal exit controls they do record all people leaving the country by air through airline manifests.
As for exiting by land border crossings, the Canadian and Mexican immigration officials do share full legal names, date of birth, country of citizenship, passport number, etc, with US authorities, so when you enter Canada or Mexico by land they have a record of your exit from the USA by land. (for Canadian Citizens this was implemented fairly recently, not sure about Mexico).

On your first entry to the US under your new Canadian Passport, they may be able to link your legal name, date of birth, country of birth (on Canadian passport) with your identity from your old country passport and determine you overstayed last time. (finger prints may or may not be needed).

You know the rules for 10 year ban and you know they apply to you. Why risk it. Wait your 10 years.

When the 10 years have passed bring all the evidence that you left in the mid 2000's and evidence you comply with all current immigration rules. (strong ties to Canada, evidence of job in Canada, evidence of home ownership or rental lease in Canada, hotel reservations for your stay in US, etc). You want to show your visit to US is just temporary and you should be fine for B2 visitor status.

If still in doubt consult an attorney.
 
#11
if you turned in your I-94 to airline, they will have given to CBP.
Also note, all airlines share passenger manifests with CBP with full legal names, date of birth, country of citizenship, passport number, etc.
Although USA does not have formal exit controls they do record all people leaving the country by air through airline manifests.
As for exiting by land border crossings, the Canadian and Mexican immigration officials do share full legal names, date of birth, country of citizenship, passport number, etc, with US authorities, so when you enter Canada or Mexico by land they have a record of your exit from the USA by land. (for Canadian Citizens this was implemented fairly recently, not sure about Mexico).

On your first entry to the US under your new Canadian Passport, they may be able to link your legal name, date of birth, country of birth (on Canadian passport) with your identity from your old country passport and determine you overstayed last time. (finger prints may or may not be needed).

You know the rules for 10 year ban and you know they apply to you. Why risk it. Wait your 10 years.

When the 10 years have passed bring all the evidence that you left in the mid 2000's and evidence you comply with all current immigration rules. (strong ties to Canada, evidence of job in Canada, evidence of home ownership or rental lease in Canada, hotel reservations for your stay in US, etc). You want to show your visit to US is just temporary and you should be fine for B2 visitor status.

If still in doubt consult an attorney.
Thx for the explanation. I did want to wait for 10 years but just wondering what will happen at POE after 10 years.

It looks like there is only one way to find out, go to POE with canadian passport, bring what you have mentioned (home ownership, etc) and see if they let me in or not.
 

Q45

Registered Users (C)
#12
gav_3601, have you had the chance to go to a POE and try to see if you could be granted entry based on your pass immigration violation and current citizenship?
 
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