Visiting US as Canadian citizen

[Cai21]

Hi, do you have an update? We’re you able to visit with a Canadian Passport or apply for a waiver?

QUOTE="pansacus, post: 7316067, member: 309820"]
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?
[/QUOTE]

 

[PMM]

Hi

Hi, do you have an update? We’re you able to visit with a Canadian Passport or apply for a waiver?

QUOTE="pansacus, post: 7316067, member: 309820"]
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?

[/QUOTE]

1. Doesn't matter the passport, I would bet that you have been banned for 10 years.

 

[Copingwithlife]

Hi, do you have an update? We’re you able to visit with a Canadian Passport or apply for a waiver?

QUOTE="pansacus, post: 7316067, member: 309820"]
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?

[/QUOTE]

Your ban is against the person , you could have multiple passports,citizenships that doesn’t change the fact you overstayed

 

[Wichen12]

I'm just curious how you get your pr and citizenship in canada when your illegally in USA and thiere is a question in the application if you ever breach any immigration rules in canada or any athiere country its misrepresentation if you lie in your application and soon they know they will revoque your citizenship realy surprising

 

[dpenabill]

do you have an update? We’re you able to visit with a Canadian Passport or apply for a waiver?

QUOTE="pansacus, post: 7316067, member: 309820"]

1. Doesn't matter the passport, I would bet that you have been banned for 10 years.

Your ban is against the person , you could have multiple passports,citizenships that doesn’t change the fact you overstayed

Errrr . . . @Cai21 was asking about how things went for @pansacus . . . referring to a post and query in October 2018, a while ago plus a year and a half.

I'm just curious how you get your pr and citizenship in canada when your illegally in USA and thiere is a question in the application if you ever breach any immigration rules in canada or any athiere country its misrepresentation if you lie in your application and soon they know they will revoque your citizenship realy surprising

Not sure who "you" in this post is referencing . . . whether you are referring to @Cai21 who asked yesterday about a situation reported by someone else in 2018 . . . or referring to @pansacus who reported an overstay in the U.S. and who otherwise appears to have followed proper procedures for becoming a Canadian.

Neither indicated they made any misrepresentations in the process of obtaining status in Canada.

Moreover, as I recall, there is NOT a question in Canadian immigration forms that asks if the applicant ever breached any immigration rules anywhere.

It also warrants noting that as far as Canada is concerned, for example, any previous overstay in Canada is CURED once the person leaves Canada or is otherwise given status. And there are no questions about having potentially overstayed in other countries.

There are questions about being denied status or deported. But even in this regard, these do not necessarily make a person ineligible for status in Canada. Even if previously deported from Canada, there is a process for obtaining authorization to return to Canada following which PR status may be obtained (by those who are eligible). Whether or not being deported from another country in the past affects an individual's eligibility for status in Canada depends on what the reason for the deportation was. Reasons rooted in criminality tend to be problematic. Reasons derived from mere lack of status not so much.

And finally, importantly, so far Canada has not taken anywhere near a stance similar to the U.S. criminalizing what are otherwise merely administrative regulations.

Overall, the warning about revocation of citizenship, apart from lacking relevance, seems gratuitous. Which is what makes me curious about your motive.

 

[scylla]

To the OP's question, unless a BAN was specifically mentioned (they may not have given him/her a ban), I would just go to a US border some weekend (when COVID related matters are over with, and the general travel ban lifted) and see if you can cross. I don't know what part of Canada the OP is from, but typically its never more than a few hours drive, always good for a weekend exercise. If they make a big deal about it, just honestly and forthrightly ask the American agents how to clear the matter up so that you can visit, they will guide you.

U.S. overstay bans don't really work this way (i.e. being "given" the ban). The 10 year ban is automatic at departure from the U.S. with an overstay of greater than 1 year. OP definitely has a 10 year ban - no question of that. The U.S. is extremely unforgiving when it comes to overstays (rules are much much laxer in Canada).

https://www.uscis.gov/legal-resources/unlawful-presence-and-bars-admissibility

If the OP wants to enter the U.S. before the 10 year ban elapses, a waiver of inadmissibility is required. This isn't something that can be done at the border but that has to be applied for in advance. Details.

https://help.cbp.gov/s/article/Article-1769?language=en_US

OP could go to the border and hope for the best. The risk there is that U.S. officials could add an extra 5 years to the 10 years for misrepresentation if they are unhappy with the OP's actions and feel information is being hidden.

 

[Copingwithlife]

As Scylla mentioned , the American CBP is extremely unforgiving to those that overstay and then attempt to enter the USA with that Bambi “ I didn’t know I did anything wrong “, attitude. Many times when I worked at the airport , I’d see passengers be denied and slapped with an additional ban time , on their already existing time . CBP expects you to seek a waiver PRIOR to seeming re-entry . How’d I know this ? Passengers always gave me their no boarding papers issued by the CBP, and all the information was in the paperwork

 

[devnill]

If they make a big deal about it, just honestly and forthrightly ask the American agents how to clear the matter up so that you can visit, they will guide you.

Immigration can be a pain, but the reality is if you are forthright and honest, things will work out. Even if they put you in holding for 45 minutes as they tinker around with their policies and procedures and rules and etc. You'll get an answer, and with any luck they might just wave you on and you won't need to deal with that wait.

You have a rather generous view of US CBP.

 

[canuck78]

I wouldn't say that, I get exhausted when they hold you up for no good reason. I've had it happen multiple times before. But the point is, the worst thing they can do is send you back to Canada. That's hardly a penalty.

I also am working under the assumption the OP didn't mention, specifically, that they issued a ban. I would assume if they issued one he would have been advised specifically that he was banned. The officer didn't seem to indicate that, so that's still a bit up in the air. We simply don't know based on the information we have. Lots of jumping to conclusions without knowing, I would just call the US border and see if there was a ban on my record if I were in the OP's position.

It is an automatic ban whether he was told or not. Assume the not coming back to the US for a long time was him paraphrasing finding out he has a 10 year ban. Think the issue was whether the ban disappeared now that he has a Canadian passport not an Indian one.

 

[lossada]

I'm just curious how you get your pr and citizenship in canada when your illegally in USA and thiere is a question in the application if you ever breach any immigration rules in canada or any athiere country its misrepresentation if you lie in your application and soon they know they will revoque your citizenship realy surprising

this is the answer
The officer asked me few questions and told me not to come back for "quite some time".
Overstaying your permitted time in the U.S. can be a serious matter. If you overstay by 180 days or more (but less than one year), after you depart the U.S. you will be barred from reentering for three years. ... However, if you overstayed for less than 180 days, leaving the U.S. will not trigger any bars to reentry.