can i enter the USA...

[k3v1n]

hi, i am applying for my work permit (skilled worker) in my home country, and i know after a year i can process my PR/PNP(right!).
i was in the USA for several years (out of status) then moved to my home country, and in the course i got my PR status in canada can i visit the USA...

i appreciate any information you can share to me....


thanks much!!

 

[Karlshammar]

It would depend. What was your status in the U.S.A. and how long did you overstay?

hi, i am applying for my work permit (skilled worker) in my home country, and i know after a year i can process my PR/PNP(right!).
i was in the USA for several years (out of status) then moved to my home country, and in the course i got my PR status in canada can i visit the USA...

i appreciate any information you can share to me....


thanks much!!

 

[job_seeker]

hi, i am applying for my work permit (skilled worker) in my home country, and i know after a year i can process my PR/PNP(right!).
i was in the USA for several years (out of status) then moved to my home country, and in the course i got my PR status in canada can i visit the USA...

i appreciate any information you can share to me....


thanks much!!

You would need to apply for a US visitor visa (B1/B2) if you want to go to the US.

 

[Karlshammar]

Not necessarily. It all depends on his status at the time, what his citizenship is, and how long he overstayed for.

You would need to apply for a US visitor visa (B1/B2) if you want to go to the US.

 

[k3v1n]

thanks for your input about this argument..
i went to the US as a visitor then marry a USC then applied for adjustment but never got any green card because after two years i decided to go back to manila without any advanced parole paper(no turning back)... i found an employer to canada..... if ever i become a permanent resident of canada can i visit my relatives who are in the US.. thanks again....

 

[job_seeker]

Not necessarily. It all depends on his status at the time, what his citizenship is, and how long he overstayed for.

I am assuming he is Filipino because in one of his posts he said his application was sent to Manila. So if he became Canadian Permanent Resident, he would need to apply for a visitor visa to the US.

 

[Karlshammar]

Yes, Filipinos do need a visa.

If you overstayed over 6 months but less than a year you will be subject to a two- or three-year bar on entering the U.S.A. (I can't remember which), and if you overstayed for over a year you will be barred from entry for 10 years.

If your overstay was under 6 months you are not subject to automatic bars, though it is still a negative factor, and the officers can use it against you as an exercise of discretion.

 

[job_seeker]

Yes, Filipinos do need a visa.

If you overstayed over 6 months but less than a year you will be subject to a two- or three-year bar on entering the U.S.A. (I can't remember which), and if you overstayed for over a year you will be barred from entry for 10 years.

If your overstay was under 6 months you are not subject to automatic bars, though it is still a negative factor, and the officers can use it against you as an exercise of discretion.

But once he became a Canadian Citizen, would his overstay be still counted against him? Or would he be able to go at will to the US once he is a Canadian passport holder?

 

[PMM]

Hi

But once he became a Canadian Citizen, would his overstay be still counted against him? Or would he be able to go at will to the US once he is a Canadian passport holder?

Yes, it still counts.

PMM

 

[Karlshammar]

PMM is right. The U.S. gov't will not forgive violations of U.S. law just because the offender becomes naturalized in another country.

 

[k3v1n]

1. even i got some invitation (like weddings, graduations, conventions, seminars) there is no way i can get in to the USA because of the ban.. so it means i cannot file my PR/PNP at buffalo and need to file at home country...
2. can you please give me a timeline or just an estimate time from the time i landed to canada and start to work in getting the PR and petitioning my kids in manila..
thanks so much for the information,

 

[Karlshammar]

1. Violations of U.S. law are not automatically pardoned because you are invited to a wedding.
2. If you are asking how long it takes to process an application, you can check the current processing times at www.cic.gc.ca

1. even i got some invitation (like weddings, graduations, conventions, seminars) there is no way i can get in to the USA because of the ban.. so it means i cannot file my PR/PNP at buffalo and need to file at home country...
2. can you please give me a timeline or just an estimate time from the time i landed to canada and start to work in getting the PR and petitioning my kids in manila..
thanks so much for the information,

 

[emiral54]

everybody says overstay cant come to usa again for 10 years . but a lot of people say that when you leave usa nobody check for any paper i-94 something like that how they would know?in canada also like that i think

 

[k3v1n]

thanks for your responses,, i appreciate it..
so you mean all the paper works i will be doing in the future will go or be submitted to my home country, because i am not elligible to file my papers in buffalo...

 

[job_seeker]

everybody says overstay cant come to usa again for 10 years . but a lot of people say that when you leave usa nobody check for any paper i-94 something like that how they would know?in canada also like that i think

US has a record of when you entered. When you leave, they go by the date stamped on your passport when you reach another country or the I94 if it was left at the airport or a border. Both Canada and the US do not stamp the passport when one leaves.