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?


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.

[gravityform id=1 name=Havea Question? ]
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

The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.

Customer Reviews

Spectacular experience. Completely smooth process, they were able to answer any of my questions any time and I had peace of mind throughout the application time, which was invaluable. I have recommended them to other friends looking for assistance with their applications, and will continue to do so. Worth every penny.

Faith Cheongin the last week

Here, I would like to say thank you so very much for your kind support on extension my visit visa. I am touched and beyond words, I am grateful and thankful for your always help and cooperation. Have a wonderful day.

Setareh Rasaeiin the last week

Great law firm with great staff. My lawyer Rania did a great job for my Canadian work permit and my daughters study permit. You are great in your work. And my Para Legal officer Alicea, you are just amazing. They did not rest until my job was promptly and properly done. Always there to answer my calls, reply my emails promptly. She tried her best and the results were amazing. I recommend visa place if you need the best immigration job. Many thanks to Rania and Alicea.

Charity Musa2 months ago