overstay in the USA

[Carairish]

I am now a very Happy Canadian Permanent Resident Back 12 years ago i overstayed my tourist visa in the usa. my nephew is getting married in florida in December and i would really love to be there. how do i apply for a waiver\visa from canada?
any advice would be very appeciated.
TIA..

 

[scylla]

I am now a very Happy Canadian Permanent Resident Back 12 years ago i overstayed my tourist visa in the usa. my nephew is getting married in florida in December and i would really love to be there. how do i apply for a waiver\visa from canada?
any advice would be very appeciated.
TIA..

If you left the US over 10 years ago, then you ban is over. You would apply for a normal B2 to visit the US. Note that wait times for interviews are extremely long right now.

 

[Carairish]

If you left the US over 10 years ago, then you ban is over. You would apply for a normal B2 to visit the US. Note that wait times for interviews are extremely long right now.

Thanks for quick reply! so i can go ahead and apply online for the ESTA? eventhough one of the questions is "have you ever overstayed a US visa?"

 

[scylla]

Thanks for quick reply! so i can go ahead and apply online for the ESTA? eventhough one of the questions is "have you ever overstayed a US visa?"

No, you cannot.

Because you overstayed, you no longer qualify for an ESTA. You need to apply for the B2.

 

[Carairish]

Thanks so much Scylla

 

[Sfoph]

@scylla please I have a similar question. What if I left US 6years ago after I overstayed my B1/B2 visa, please how do I get a waiver in order for me to apply for a visiting visa? Thank you.

 

[scylla]

@scylla please I have a similar question. What if I left US 6years ago after I overstayed my B1/B2 visa, please how do I get a waiver in order for me to apply for a visiting visa? Thank you.

You mean a visiting visa for Canada? Or for the US?

If you mean Canada, there's no waiver. You have to declare the overstay in your TRV application however.

 

[Sfoph]

@scylla, thank for your prompt response, I am a Canadian PR holder now, I mean a visiting Visa for the US. Thank you once again.

 

[scylla]

@scylla, thank for your prompt response, I am a Canadian PR holder now, I mean a visiting Visa for the US. Thank you once again.

Understood. How long did you overstay? More than one year?

 

[Sfoph]

Yes, more than a year.

 

[scylla]

Yes, more than a year.

So then you have a 10 year ban, which you probably know.

Waivers aren't available in most situations. Generally you need to wait until 10 years have passed before you can apply for a new visa or try to enter as a Canadian citizen.

You should post this question to a US immigration forum. This is a more complex issue and again, waivers generally aren't available (or are available in only very limited circumstances). If you just want to be able to visit as a tourist, there's going to be no waiver and your only real option is to wait 4 more years.

 

[Sfoph]

Thank you for the information. Please do you know of any US immigration forum?

 

[scylla]

Thank you for the information. Please do you know of any US immigration forum?

There are a number. Just google "US immigration forum".

Visa journey is one that seems to be quite popular.

 

[Sfoph]

Okay, thank you for your time, much appreciated.

 

[Carairish]

@scylla please I have a similar question. What if I left US 6years ago after I overstayed my B1/B2 visa, please how do I get a waiver in order for me to apply for a visiting visa? Thank you.

Hi sfoph,
i applied for a B1 visa and paid the fees etc and alas; my interview is not till september 2025!!!!! unreal - needless to say, i'm not able to attend the wedding