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Thread: Canadian Citizen visiting US with a 10 year bar

  1. #1
    Hi there!

    I was wondering if anyone here could please help with information about how to apply for a non-immigrant waiver to enter the US from Canada to VISIT. I am currently a Canadian Citizen who lives in Canada with a clean record from both countries.

    My family moved to America and overstayed our visitor visa (my parents fault) I was only 9 years old at the time so i had nothing to do with it consciously. We got asked to voluntarily leave the country and we did after I turned 18 (without letting them know we officially left) a little past our due date and got stuck with a 10 year bar a couple years later after I tried to clear things up. Its still in place until Feb 21, 2013

    I have visited the US on a waiver in my US Visa while I was still a permanent resident of Canada but that waiver has expired and I am a citizen of Canada now. I read that the rules have changed when you are a citizen with a 10 year bar as opposed to a permanent resident. I don't need a Visa anymore to enter just a non-immigrant waiver... right?

    Help!

  2. #2
    Hi there!

    I was wondering if anyone here could please help with information about how to apply for a non-immigrant waiver to enter the US from Canada to VISIT. I am currently a Canadian Citizen who lives in Canada with a clean record from both countries.

    My family moved to America and overstayed our visitor visa (my parents fault) I was only 9 years old at the time so i had nothing to do with it consciously. We got asked to voluntarily leave the country and we did after I turned 18 (without letting them know we officially left) a little past our due date and got stuck with a 10 year bar a couple years later after I tried to clear things up. Its still in place until Feb 21, 2013

    I have visited the US on a waiver in my US Visa while I was still a permanent resident of Canada but that waiver has expired and I am a citizen of Canada now. I read that the rules have changed when you are a citizen with a 10 year bar as opposed to a permanent resident. I don't need a Visa anymore to enter just a non-immigrant waiver... right?

    Help!

  3. #3
    You still need a waiver. You apply in the same manner as you did when you were a landed immigrant of Canada.

  4. #4
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
    You still need a waiver. You apply in the same manner as you did when you were a landed immigrant of Canada. </div></BLOCKQUOTE>

    I was told by the US consulate here that i do not need to get a visa if i am a citizen now. I had to go through them to get the waiver before but now they are saying I don't have to go through them but through Homeland Security?

  5. #5
    DHS does not issue waivers. While the DOS may issue you a visa, DHS will not allow you to enter since you lived here illegally before. The only way to be admitted is to have a visa with a waiver.

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Rey22:
    Hi there!

    I was wondering if anyone here could please help with information about how to apply for a non-immigrant waiver to enter the US from Canada to VISIT. I am currently a Canadian Citizen who lives in Canada with a clean record from both countries.

    My family moved to America and overstayed our visitor visa (my parents fault) I was only 9 years old at the time so i had nothing to do with it consciously. We got asked to voluntarily leave the country and we did (without letting them know we officially left) a little past our due date and got stuck with a 10 year bar a couple years later after I tried to clear things up.

    I have visited the US on a waiver in my US Visa while I was still a permanent resident of Canada but that waiver has expired and I am a citizen of Canada now. I read that the rules have changed when you are a citizen with a 10 year bar as opposed to a permanent resident. I don't need a Visa anymore to enter just a non-immigrant waiver... right?

    Help! </div></BLOCKQUOTE>

    You Researched Well. Keep up The good work! In your 20's early thirty's. stick with it!!! Things Change daily. You venture forward!!! . Parents make Mistakes Too!!!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by federale86:
    DHS does not issue waivers. While the DOS may issue you a visa, DHS will not allow you to enter since you lived here illegally before. The only way to be admitted is to have a visa with a waiver. </div></BLOCKQUOTE>

    Is there not any way to get a waiver without a visa? Are the visa's and waiver's always bound to each other?

    Do you know how long the waiver will last for because when I got my first Waiver in my Visa when i was still a permanent resident of Canada it only allowed me one entry shortly after I received it.

    Hmm... headache..

  8. #8
    Rey22: If you have a headache, blame your parents; your predicament is entirely their fault.

  9. #9
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Rey22:
    I was wondering if anyone here could please help with information about how to apply for a non-immigrant waiver to enter the US from Canada to VISIT.
    </div></BLOCKQUOTE>

    http://www.cbp.gov/xp/cgov/tra...ndamiss_can_info.xml

  10. #10
    visa and a waiver go together. To obtain the visa, you have to apply for the waiver. The waiver is notated on the visa. Again, the embassy may have said you don't need a waiver, but you do need one, as you are now considered by Customs and Border Protection to be an immigrant without an immigrant visa. You need to overcome that presumption of inadmissability because of your previous overstay. I think the embassy has confused a 10 year bar with a waiver of grounds of inadmissibility.

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