Overstayed US Tourist Visa and Now Wishes to Return

Overstayed US Tourist Visa?

Dear Michael.

I traveled to US in 2001 August, and overstayed my tourist visa. After a year, I attended Immigration Court and they told me to leave the US. I did leave  but did not do so on the given time, but rather 3 years later. That was 4 years ago. I would like to go back to the US soon.  My fellow Canadian citizens are free to go to the States and allowed to stay for 3 months without a visa. When can I even think of going back to visit?

____________

Answer:  I assume that at Immigration Court, a Judge found you inadmissible and issued an entry bar against and may have issued a deportation order which you did not comply with (you eventually did leave).  For you to return to the US, you would have to apply for a US Waiver. (I-192 or I-212 Application depending on the circumstances) Since it has been 4 years since you have left the US, you could consider applying for a US Waiver at this time. If it is approved, you could enter the US during up to a 5 year period depending on the duration of the Waiver. Also remember as a Canadian citizen you do not need a “tourist visa” to enter the US as a visitor.

Oops! We could not locate your form.

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

Tags: canadian visitor to us overstay currently a visa for us e-2 visa denied overstayed flee the usa emigrate now Holiday visa usa previously overstayed i went to immigration court I-192 I-212 application immigration court overstay american tourist visa overstay in usa visa tourist overstay tourist visa us overstay usa tourist visa overstay visitir viss us Overstayed in usa return overstayed on tourist visa usa overstayed return overstayed visa visit US overstayed+in+us+tourist+visa overstaying on visitor visa usa overstaying US tourist visa overstaying visa return to us returning on us visitor visa tourist visa over stayed america tourist visa overstay in us tourist visa overstay us us entry visa us overstay us overstay travel visa us overstay visitor permit US Tourist visa overstay us visitor visa overstay us visitor visa questions usa visitor visa overstay USA visitor visa return visitor visa overstay in us visitor visa return to us

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 American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

No Responses to “Overstayed US Tourist Visa and Now Wishes to Return”


  1. Fatal error: Uncaught Error: Call to undefined function ereg() in /home/vp_misc_sites/nirenandassociates.net/wp-content/themes/simplicity/includes/theme-comments.php:63 Stack trace: #0 /home/vp_misc_sites/nirenandassociates.net/wp-content/themes/simplicity/includes/theme-comments.php(19): the_commenter_link() #1 /home/vp_misc_sites/nirenandassociates.net/wp-includes/class-walker-comment.php(180): custom_comment(Object(WP_Comment), Array, 1) #2 /home/vp_misc_sites/nirenandassociates.net/wp-includes/class-wp-walker.php(146): Walker_Comment->start_el('', Object(WP_Comment), 1, Array) #3 /home/vp_misc_sites/nirenandassociates.net/wp-includes/class-walker-comment.php(140): Walker->display_element(Object(WP_Comment), Array, 1, 0, Array, '') #4 /home/vp_misc_sites/nirenandassociates.net/wp-includes/class-wp-walker.php(322): Walker_Comment->display_element(Object(WP_Comment), Array, 1, 0, Array, '') #5 /home/vp_misc_sites/nirenandassociates.net/wp-includes/comment-template.php(2094): Walker->paged_walk(Array, -1, 0, 0, Array) #6 in /home/vp_misc_sites/nirenandassociates.net/wp-content/themes/simplicity/includes/theme-comments.php on line 63