US Waiver Needed for Overstay in the US

A question for our law firm about Overstay in the US

Hi Mr. Niren,

I have some questions, We entered to U.S as B1/B2 visa holders, in March 2001 I applied to the 245-I (Labor Certification) in order to adjust our status.  I was sponsored by a company in Georgia but before my process was finished my sponsor went out of business, so my case went into a limbo situation. I called the Georgia Labor deparment through my lawyer to  let them know about this matter, and they sent me a letter saying that since I was under the 245-I all what I needed to do was find another sponsor to continue with my process.

For a while I tried so hard, I spoke with many people  but I could not find anyone willing to help me, so finally I moved to Canada along with my family ( 3 years ago ) because we did not want to continue without status in U.S.  Recently we became Canadian permanent residents. My wife is doctor–she went to the Medical school at my home country Colombia and her dream has been always practising medicine in US.  She already passed the step 1 USMLE test and she is studying to take the step 2 USMLE here in Toronto, but in order to take the 3rd step she needs to go to U.S.  Passing these steps she will have a chance to go for a Medical Residency in U.S.

I would like to know how can we come back to U.S since we overstayed years ago trying to get a sponsor on my 245-I case.  If so, what do we have to do? What kind of procees will we have to address ? Should we wait  to become Canadians citizen before ?  Or should we apply for a Waiver?

Thank you very much



Hello Carlos

Depending on the length of your overstay in the US, you may indeed require a US Waiver of Inadmissibility. If you and your wife are a Canadian Permanent Residents and a Colombian Nationals, you would also require a US Visitor Visa to enter the US. As Canadian citizens, you would not require a Visa  but you would still require a Waiver.

Do you have a question about Overstay in the US? Contact Niren and Associates immigration law firm today.

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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



    • Michael Niren

      Hello Angelica

      Waivers for the US do not take any longer just because you are Colombian. The processing time can depend on the reason why you are applying for a Waiver–the severity of your criminal record or overstay.
      Michael Niren

  • Dave

    Hi Niren,

    Me and my wife have been barred recently for 10 yrs , which will finish in Aug, 2010. We have been living in Canada for 10 yrs and are Canadian Citizens. We have travelled mutiple times in these years but were stopped for first time as our childeren were born in US, who are 18 and 13 now. The officer advised us that we will be able to travel again after completing 10 yrs as we entered Canada in Aug 2000. He advised us against the waiver as it would take time and 1o yrs would be completed prior. My question is will there be any difficulty when we go to the US after the completion of 10 years? Would we need a waiver or lawyer ? Any guidance would be greatly appreciated.

    • Hi Dave
      Our experience has been that since you now have an “immigration history” you would still need a Waiver even after the 10 years. You can attempt to cross into the US and have your documents with you. However, you would likely be asked to file a Waiver.

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