Visiting US as Canadian citizen

[pansacus]

Hello forum, here's my scenario

I was in US from 2001 - 2014, valid H-1b till 2004, overstayed after that till 2014 when I got PR for Canada. I never had any issue with US immigration. when I was moving to Canada through land border, I brought my cars with me. At US border the customs called US immigration to report my overstay. The officer asked me few questions and told me not to come back for "quite some time". No specifics were mentioned. I was an Indian passport holder at that time.
I never went back to US after that.
Fast forward, now I am a Canadian passport holder.
I am wondering if I visit US, just to visit, would I be faced any issues at US borders.
any advise?

 

[frange]

Hi!
You have a US ban; it's can be 10 years or less depending on your overstay.
Holding a Canadian passport do not solve the US immigration problem. In most cases, the contrevenant try to seek for a waiver before visiting the US either in a temporary or permanent status. Try to seek for a legal advice before thinking about going back to uncle Sam soil.

 

[scylla]

Hello forum, here's my scenario

I was in US from 2001 - 2014, valid H-1b till 2004, overstayed after that till 2014 when I got PR for Canada. I never had any issue with US immigration. when I was moving to Canada through land border, I brought my cars with me. At US border the customs called US immigration to report my overstay. The officer asked me few questions and told me not to come back for "quite some time". No specifics were mentioned. I was an Indian passport holder at that time.
I never went back to US after that.
Fast forward, now I am a Canadian passport holder.
I am wondering if I visit US, just to visit, would I be faced any issues at US borders.
any advise?

The answer is no - you cannot visit the US. Having a Canadian passport does not change the fact that you have an overstay ban in the US. Since you overstayed in the US for more than a year, you have a 10 year ban from re-entering. You will need to wait 10 years from the time you left in 2014 before you will be able to re-enter. So that's sometime in 2024. Don't attempt to re-enter the US until 10 full years have passed.

 

[itsmyid]

Overstayed for 10 years... that’s going to be tough...

 

[DEEPCUR]

I'm surprised that you didn't have any issues obtaining PR given your long overstay. I was under an impression that you need to be in valid status in a country to apply for PR.

 

[pansacus]

I'm surprised that you didn't have any issues obtaining PR given your long overstay. I was under an impression that you need to be in valid status in a country to apply for PR.

as long as you entered legally in the country you are applying from and maintained that status for one year, you are ok to apply

 

[meyakanor]

You can apply for a waiver, and as a Canadian citizen, it's a much more simplified process.

To determine which waiver you would need (I-212, I-192, etc), however, would be complicated, and I suggest you consult with a very competent US immigration lawyer which specializes in waivers.

For example, is your ban due to removal, overstay, criminal record, or any combination thereof? This would determine what waiver you need to apply for (or if you qualify for one at all).

 

[frange]

Overstayed for 10 years... that’s going to be tough...

Why it's gonna tough since his/her country is India. He knew that he had to respect other's countries laws. Since he overstayed, he has to assume its consequences.

 

[canvis2006]

Best to visit elsewhere, like Europe, UK or Asia, Australia, NZ, etc instead.

 

[homecanada]

You overstayed 10 years means you were waiting on extensions or that you were completely out of status. While waiting for extension approval means implied status and is not considered over stay. Wondering how did you ended up in renewing your Indian passport as they would asked about your present valid status...or is it just that you have a typo in your dates

 

[pansacus]

You overstayed 10 years means you were waiting on extensions or that you were completely out of status. While waiting for extension approval means implied status and is not considered over stay. Wondering how did you ended up in renewing your Indian passport as they would asked about your present valid status...or is it just that you have a typo in your dates

oh so yes, after my H1-b expired, I had another employer applied for my green card. labor certification took 5 years. next step took another 4 years by that time I was already out of status, could never apply for adjustment of status. by 2010 I applied for Canada and landed here as PR in 2014.
BTW I did extended my Indian passport for about 5 times during this stay from New York, the did the extension for a year or two because of my status.

 

[keesio]

labor certification took 5 years. next step took another 4 years.

woah, that is some brutal timeline! That can't be normal, can it?

 

[screech339]

woah, that is some brutal timeline! That can't be normal, can it?

Sometimes it can be that long. I had a former co-worker in US stilling waiting for Green Card for at least 5 years when I left New Jersey for Canada. One of the reasons why I decided to move back to Canada. I didn't want to be stuck in US waiting for Green Card that I may not even get. I wouldn't be able to get promoted while green card is in process, and odds are stacked against me due to a large number of qualified American applicants pool for my job position. A few Americans were laid off before so it would be hard for the company to explain / justify to US government that I need green card while they laid off qualified American workers.

 

[ZingyDNA]

Sometimes it can be that long. I had a former co-worker in US stilling waiting for Green Card for at least 5 years when I left New Jersey for Canada. One of the reasons why I decided to move back to Canada. I didn't want to be stuck in US waiting for Green Card that I may not even get. I wouldn't be able to get promoted while green card is in process, and odds are stacked against me due to a large number of qualified American applicants pool for my job position. A few Americans were laid off before so it would be hard for the company to explain / justify to US government that I need green card while they laid off qualified American workers.

Were you born in those countries with too many green card applicants? That's the only reason why one's GC application can take so long (years or even decades). And, would you have stayed in the US, had your green card been granted quickly?

 

[sansnom]

Best to visit elsewhere, like Europe, UK or Asia, Australia, NZ, etc instead.

Be careful when visiting Australia or New Zealand. Five countries (Australia, Canada, New Zealand, UK and USA) are sharing information on foreign nationals. Make sure to declare the overstay in USA when visiting the other of the five countries. They already know and it will be a misrepresentation not to declare it.

Not for the identical situation, I've heard so many stories that a international student in Australia got his/her visa canceled for whatever reason, then seeking to come to Canada to continue his/her study was found misrepresentation when applying Canadian visa; since he/she didn't declare the visa cancellation in Australia.