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Thread: Deportation and Residency

  1. #1
    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. #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,

  3. #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..

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

  5. #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.

  6. #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,

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

  8. #8
    any other ideas/advices out there?

    Regards,

  9. #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.

  10. #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.

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