Overstayed US Tourist Visa and Now Wishes to Return

Overstayed US Tourist Visa?

Dear Michael.

I traveled to US in 2001 August, and overstayed my tourist visa. After a year, I attended Immigration Court and they told me to leave the US. I did leave  but did not do so on the given time, but rather 3 years later. That was 4 years ago. I would like to go back to the US soon.  My fellow Canadian citizens are free to go to the States and allowed to stay for 3 months without a visa. When can I even think of going back to visit?

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Answer:  I assume that at Immigration Court, a Judge found you inadmissible and issued an entry bar against and may have issued a deportation order which you did not comply with (you eventually did leave).  For you to return to the US, you would have to apply for a US Waiver. (I-192 or I-212 Application depending on the circumstances) Since it has been 4 years since you have left the US, you could consider applying for a US Waiver at this time. If it is approved, you could enter the US during up to a 5 year period depending on the duration of the Waiver. Also remember as a Canadian citizen you do not need a “tourist visa” to enter the US as a visitor.

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Michael Niren

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

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