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  • Deportation and Residency

    I lived in the US for more than 10 years before leaving the country on my own. During this time my wife and I did not have any papers to stay in the country (we entered on a visitor's visa) and stayed for all those years. We ended up having two kids born in Texas, consequently we have two American children (9 and 12 years old).

    My problem started when flying to Toronto Canada through the States. INS thought that I was trying to enter the States again, when I was in fact just flying to Canada, where I am living now. They deported me to the country where i was coming from and i was barred from entering the States for five years. That period is over now.

    During thes five years I have become a Canadian Citizen and have been living in Canada since. My question is, if i try to enter the States to work under NAFTA ( i am preparing to do that) will I have any legal issues with INS? I have all the professional qualification and Education to qualify for the visa.
    Has anyone out there been in this situation or know what will expect me when I do apply for the VISA? ( I was deported under my first nationality not as a Canadian).

    Thanks,

  • #2
    I lived in the US for more than 10 years before leaving the country on my own. During this time my wife and I did not have any papers to stay in the country (we entered on a visitor's visa) and stayed for all those years. We ended up having two kids born in Texas, consequently we have two American children (9 and 12 years old).

    My problem started when flying to Toronto Canada through the States. INS thought that I was trying to enter the States again, when I was in fact just flying to Canada, where I am living now. They deported me to the country where i was coming from and i was barred from entering the States for five years. That period is over now.

    During thes five years I have become a Canadian Citizen and have been living in Canada since. My question is, if i try to enter the States to work under NAFTA ( i am preparing to do that) will I have any legal issues with INS? I have all the professional qualification and Education to qualify for the visa.
    Has anyone out there been in this situation or know what will expect me when I do apply for the VISA? ( I was deported under my first nationality not as a Canadian).

    Thanks,

    Comment


    • #3
      you need to file a waiver otherwise you will stiil have problem entering in the US.
      YEs I understand that your time is abolished and Bar is lifted but still you have to file a waiver.
      which will be approved .
      Its a discussion, not a legal advise..

      Comment


      • #4
        Anyone else has an input on this issue please?

        Comment


        • #5
          I agree that a waiver would need to be filed -- for your visa overstay. If you overstay more than one year, there is a ten year bar that would need to be waived.

          Comment


          • #6
            I don't understand why I have to have a waiver to enter the US again. I have never been in the country as a Canadian.

            Another thing, how does the waiver process work? Do I have to go to a consulate to do that? Do I need a lawyer? Please advise anyone!

            Regards,

            Comment


            • #7
              Taking Canadian citizenship has nothing to do with it. YOU were an overstay, and your citizenship at the time doesn't affect that.

              Comment


              • #8
                any other ideas/advices out there?

                Regards,

                Comment


                • #9
                  "My question is, if I try to enter the States to work under NAFTA (I am preparing to do that); will I have any legal issues with the INS? I have all Professional and Educational qualifications for a visa approval."

                  Well, if this is the case and you seem so sure about it; why then even worry about whether the visa would be approved or not?

                  And since none of us here are qualified Immigration experts, your question would be better answered by an Immigration atty. instead.

                  Comment


                  • #10
                    Saile Leo: You wonder why you would need a wiaver to reenter America, as you "have never been in the country as a Canadian."

                    Did you previously live illegally in America as YOU?

                    When you were previously deported, was that YOU?

                    ...or did you become a new YOU when you received Canadian citizenship?

                    Nope, I think that you are still the same YOU.

                    Therefore, YOU will require a waiver to reenter the United States.

                    Comment


                    • #11
                      Saile Leo: It is possible that you are not yet even eligible to reenter America.

                      I note that your youngest, American-born child is nine years old. As such, I assume that you may have remained illegally in America for a period of more than one year after September 1, 1997.

                      If this is the case, you will still be subject to the ten year bar for overstay.

                      Comment


                      • #12
                        you are the same person who lived in US without permission, have kids etc, you already generated records. changing nationality won't change your finger prints and any other facts.
                        can you change that facts that you were not lived in US by changing nationality?
                        so don't try what is not possible.
                        next part is once you admit that you are who lived in US , and delf deported, You need a waiver. if you are smart enough you can file yourself or have attorney file for you.

                        contrary , I am not saying you need waiver right away, you will be asked to file a waiver then only you will be allowed.
                        Its a discussion, not a legal advise..

                        Comment


                        • #13
                          ask many times you want, many peoples feed back but make sure you get it right first.
                          Its a discussion, not a legal advise..

                          Comment


                          • #14
                            To enter under NAFTA you need to do the following:

                            1. Get your offer of employment from you employer. It must contain information such as: your qualifications, you term of employment (NAFTA can be renewed for 6 years), salary, and you must be on the list of NAFTA hireable professionals.

                            2. Go the border(with alll your degress and proof of education, employment offer etc.) and they will issue you a NAFTA entry for about $60.00 (NOT a Visa) and away you go. When you get to your new "home", you apply for your SS#, get your bank account, etc. and get on with you job and life. Your cildren and spouse can come in as NAFTA dependants. You can import your vehicle (easy!). You must also get the forms from Revenue Canada to be declared a non resident of Canada for tax purposes so you won't have to pay taxes in both countries (tax treaties allow this).

                            Unless you are in the system when they check at the border - you will be fine - as long as you do not have a criminal record.

                            You do not need to waiver anything. And If you would like to e-mail me< @ dragonlady9947@hotmail.com I can then get you all the real information, written out supplied by USCIS and ICE. I also have sample employment letters and the works. I know lots of NAFTAS out there and my employer has NAFTAS on board.

                            You will be fine - e-mail me.

                            Comment


                            • #15
                              Hmmm, A TN has to prove that they are entering temporarily as a nonimmigrant intent is the basis of the application. Wonder if your previous deportation for overstay might be a problem?

                              As Dragonlady sayds forget about it, you won't have a problem ROTFLMAO

                              Comment



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