Td visa for deported person.

[Lalalu]

Question is in the re line.

Thank you!

 

[Sm1smom]

You might as well be asking how long is a piece of spring.

 

[SusieQQQ]

TD visa is a derivative visa, does your spouse or parent if you are under 21 have a TN?

 

[newacct]

When were you deported? What were you deported for? Were you removed on arrival or removed after staying in the US? If the latter, did you stay past the date on your I-94? and if so, for how long?

 

[Lalalu]

Hi sorry. I tried to edit the info but ran out of time. It happened over 10 years ago for visa overstay and work without authorization. It was voluntary departure. Now my spouse went to work in the USA and wants to bring me there. I’m skeptical to try. I’m a Canadian citizen.

 

[Sm1smom]

You might as well be asking how long is a piece of spring.

Seeing as you’ve now changed the title of the thread from “how hard is it to get a TN visa”, to “TD visa for deported person”, your thread is gaining more traction and you’re beginning to get some more appropriate responses.

 

[newacct]

Hi sorry. I tried to edit the info but ran out of time. It happened over 10 years ago for visa overstay and work without authorization. It was voluntary departure. Now my spouse went to work in the USA and wants to bring me there. I’m skeptical to try. I’m a Canadian citizen.

Accruing 180 days / 1 year of unlawful presence and then leaving the US triggers a 10-year ban under INA 212(a)(9)(B). Any such ban would be over. Being removed from within the US for the first time would have triggered a 10-year ban under INA 212(a)(9)(A), but you don't trigger such a ban if you were granted Voluntary Departure by the immigration officer or immigration judge, and you left according to the order (but then you weren't really "deported"). In any case, even if you had this ban (assuming you were only deported one time and it was not for an aggravated felony), the ban would also be over.

Since you don't have a ban, you can just travel to a US port of entry with your Canadian passport like any other Canadian citizen, and seek entry into TD status with your TN person's I-94. You don't need a waiver or other special process. Whether they will let you in is up to the immigration officer. Past violations will be a negative factor in the officer's determination.

 

[Lalalu]

Thank you. When it comes to TD dependent visa, do I need to prove ties to Canada?

 

[nelsona]

Neither TN nor TD require any foreign ties. You are allowed to live full-time and solely in US if you wish.

 

[Lalalu]

Thank you for your response. Is there anything I can do/provide to prove that I won’t be overstaying if granted?

 

[nelsona]

Not really. They either take you at your word, or don't. Ties in canada now mean nothing, since there is no guarantee that they would still exist at the end of your TN mandate.

 

[Lalalu]

Thank you. I will update once I go through the process.