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Thread: Am I going to be barred again?

  1. #1
    Hello experts out there,

    About 6 years ago when travelling through the States to Canada I was stopped at the airport, interrogated, fingerprinted and sent back to the country was I was flying from (this was even before 09/11). Anyways, the INS officials at the airport told me that because I had lived in the US for a while out of status I could not even fly through the US. To make a long story shor I was barred for 5 years and those 5 years have already passed.

    During these 5 years I became a Canadian Citizen and obviosuly hold now a Canadian passport. I am a successful IT professional in Canada today and my employer has requested me to travel to the States in a couple of months for some IT face to face meetings.

    My question is: will I have any issues again when I show up at the airport in Toronto (there is an INS post at the airport where travellers are screened before they take any flights to the US)? I am aware that I do not need a visa granted that I am a Canadian citizen. What kind of questions should I be prepared to answer? Or is there a need of any special visa or waiver for someone in my situation?

    Thank you so much.

  2. #2
    Hello experts out there,

    About 6 years ago when travelling through the States to Canada I was stopped at the airport, interrogated, fingerprinted and sent back to the country was I was flying from (this was even before 09/11). Anyways, the INS officials at the airport told me that because I had lived in the US for a while out of status I could not even fly through the US. To make a long story shor I was barred for 5 years and those 5 years have already passed.

    During these 5 years I became a Canadian Citizen and obviosuly hold now a Canadian passport. I am a successful IT professional in Canada today and my employer has requested me to travel to the States in a couple of months for some IT face to face meetings.

    My question is: will I have any issues again when I show up at the airport in Toronto (there is an INS post at the airport where travellers are screened before they take any flights to the US)? I am aware that I do not need a visa granted that I am a Canadian citizen. What kind of questions should I be prepared to answer? Or is there a need of any special visa or waiver for someone in my situation?

    Thank you so much.

  3. #3
    you may need to apply for an i-212 wavier that means permission to be readmissable,but if i were you i would consult an immigration laywer before i travel because you dont want to find yourself in the same position being bar all over again so just to be safe.

  4. #4
    it seams that your "served" your time .. Waivers apply when one needs/wants to enter the US before the bar is up. You may check with the US consulate in Canada if anything is required (maybe B1/B2 visa to be on the safe side).

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">During these 5 years, I've become a Canadian Citizen and obviously now hold a Canadian passport. I am a successful IT professional in Canada today and my employer has requested me to travel to the States in a couple of months for some IT face to face meetings. </div></BLOCKQUOTE>

    And if you don't get in; are you going to blame it on the US or are you going to blame yourself?

    What's your excuse going to be when your employer asks you what happened?

  6. #6
    Your 5 years bar does not seem to be a problem. However, you out of status stay can be depending on timings when you left states.

    The question is when did you leave the state. If you have left before 97, I think you are good and you have no bar at all. However if you left after or during the 97 then it is dependent on your illegle stay period after the cut-off date which I think is Jan 97 (Do Confirm it). So bar can be either 3 years or 10 years.

  7. #7
    Blame? Ah, I see, playing the blame game again.. it's useless... But since some insist on "blaming" a particular person, why don't we start by looking at the law itself. These "multi-year bans" are not the result of a trial, or even the ruling of an IJ or any other impartial figure, they are the result of the expedited removal process.

    This is not the same as denying a visa, the applicant just goes home to try another day, maybe gathering the required documentation to support a case. Expedited removal relies solely on the discretion of one individual who doesn't look at the immigrant with fairness and without prejudice but instead with a rebuttable presumption of guilt mandated by law.

    Any process involving the application of law or justice that starts with a "presumption of guilt" involving interrogations and confinement based triggered by a mandatory yet undefined "suspicion" imposed by regulation cannot be said to be fair in nature, but things get worse because these decisions carry severe and long term consequences and are not subject to review or appeal.

    While most USCIS employees and inspectors apply the law in a restricted way with fairness and justice as their primary goal, there's always opportunity for abuse because the statute itself seems vulnerable to these unfair practices. Most USCIS inspectors are good, caring and understanding people, they make an effort to get the actual facts before making a decision, but the problem remains, the statute is controversial and fundamentally unfair. The process is so flawed that there's been cases of U.S. citizens being removed without much of an opportunity to really present a case.

    Blame? I wouldn't blame USCIS, I wouldn't blame the applicants for admission. I would blame a statute that creates these unfair mechanisms to begin with.

  8. #8
    The guy broke a law.

    There's nothing else to it.

  9. #9
    What do you mean by 'there is nothing else to it"?

    It is my understanding that in any civilized part of the world that you go to, should you do something wrong, you are punished and then you move on. That is exactly my point. At the time that I was found not elegible to get into the States (by the way I was just trying to get to my final destination and I had my tickets to prove that and all the supporting documentation) I was punished and "I did my time". Now, for those of you out there, so adamant about laws and all of its implications, that is exactly my point. I am trying to find out what legal steps I have to follow (without spending money too, lol) to enter the US and come out as soon as possible without breaking these same laws.

    Nowhere, in my initial message have I indicated that I am looking for excuses or a scape goat for the issues that I encountered with INS. In addition to that, this question is not been posted for those of you who think that people are asking questions here because they have voluntarily broken laws and are just waiting for another opportunity to do so. If you do not have something intelligent or with some solid foundation to say here, maybe you should go Barney's web page and use your time to color some pictures there. Would you do that for me?

    Thank you,

  10. #10
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">If you do not have something intelligent or with some solid foundation to say here, maybe you should go Barney's web page and use your time to color some pictures there. Would you do that for me? </div></BLOCKQUOTE>

    Yes, I will. After all, it is you worrying about things like these, not me. I do have time to color pictures.

    You on the other hand, do not.

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