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.

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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.

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