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I had a five year Bar to Enter the US which has now Passed. Do I still need a US Waiver?

Questions about US Waivers for our immigration law firm

Q. I am a Canadian citizen. About 5 years ago I was denied entry to the US for misrepresentation and was given a 5 year bar. I did not try to enter the US during those 5 years but now I wish to go for visitation. I have been told that I should apply for a US Waiver. Is this the case even though my 5 year bar has expired?

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Information about US Waivers from our immigration law firm

A. Technically, you should not have to apply for a US Waiver (I-192). However, we have found that CBP Officers are asking Canadians with 5 year bars to apply for US Waivers despite having waited the 5 year period. Their justification is that these applicants have an “immigration history” and as such there are concerns about their credibility as genuine non-immigrants (visitors). What this means in practice it seems is that if you are unfortunate to have been given a bar, you would likely need to apply for a US Waiver long after the 5 years. Fair? Not really. But such is the reality at the Canada/US Border.

The best strategy is not to misrepresent your intentions for entry to the US. And if you have concerns about your rights, seek legal advise before you visit the Canada/US Border to avoid unpleasant surprises.

Have a question about US Waivers? Contact Niren and Associates immigration law firm.

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About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

6 thoughts on “I had a five year Bar to Enter the US which has now Passed. Do I still need a US Waiver?

  1. Jesus Rodriguez

    Hi, im from Venezuela, last week i was denied to enter in the US, in Miami IA, last time i spent 4months and 3 weeks (even when my i94 says 6months), this time when i arrived they told me that i had to be working in the US, they make me sing a oral statement (wich later i saw they put information wrong), now i have 5 years bar and my visa was canceled (i had it since 2008 to 2018), what can i do? I want to visit my aunt, she is sick, and ahe live in tampa, need help!!

    Reply
    1. Rachel

      Hi Jesus,

      Thank you for contacting us at VisaPlace! We are so sorry to hear about your aunt. We would be happy to try and help you resolve this issue by taking a closer look at your case, and seeing if there is anything we can do to help you reapply. Hiring an immigration lawyer will help you get answers to all of your questions, plus it will increase the chance of getting a visa approved. Please, complete this form for me http://www.visaplace.com/immigration-assessment/ it is just a quick and easy way for me to learn more details about your situation so that I will be able to advise you accurately and determine the best avenue for us to take to give you the best legal advice.

      The above response is for informational purposes only and does not form a lawyer-client relationship nor should it be construed to be legal advice.

      Reply
  2. Fernando

    Hi , i’m a Brazilian citizen and three Ago a overstayed my us Permit and when I tried to enter us , I got deported and given 5 years bars punishment . So
    Should I wait my sentence to be over or I may apply for
    A new visa now ?

    Reply
    1. Vahe Mirzoyan

      Hello Fernando. It is hard to advise you without knowing the details of your deportation. In some cases, it is possible to obtain a waiver that would allow you to reenter the US, but we would need to know a lot more about your situation. If you want us to look at your situation in detail, I am going to suggest that you contact us to make an appointment to talk with one of our immigration professionals who will be able to plan the best strategy for you. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply
  3. Linda

    Hello i need urgent advice as my whole career is on sake. I applied for visitng visa a month ago and now recieved an email saying i misrepresented them about not mentioning my overstay in usa when admitted as a visitor n now i need to explain them so at this stage i would like to knw what to do. Either withdraw after giving them reasons for my overstay or what should i do i really dont wanna be banned.

    Reply
    1. Vahe Mirzoyan

      Hello Linda. A denial is a very serious situation. Your permanent record carries all the information that has ever happened to you with regards to immigration. I am going to suggest that you contact us to make an appointment as soon as possible to talk with one of our immigration professionals who will be able to plan the best strategy to get this mess all sorted out properly. You can book an appointment by calling us at 1-855-886-8472 or online at http://goo.gl/JFZqPm
      Regards, Vahe

      Reply

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