US Waiver Needed for Overstay in the US

A question for our law firm about Overstay in the US

Hi Mr. Niren,

I have some questions, We entered to U.S as B1/B2 visa holders, in March 2001 I applied to the 245-I (Labor Certification) in order to adjust our status.  I was sponsored by a company in Georgia but before my process was finished my sponsor went out of business, so my case went into a limbo situation. I called the Georgia Labor deparment through my lawyer to  let them know about this matter, and they sent me a letter saying that since I was under the 245-I all what I needed to do was find another sponsor to continue with my process.

For a while I tried so hard, I spoke with many people  but I could not find anyone willing to help me, so finally I moved to Canada along with my family ( 3 years ago ) because we did not want to continue without status in U.S.  Recently we became Canadian permanent residents. My wife is doctor–she went to the Medical school at my home country Colombia and her dream has been always practising medicine in US.  She already passed the step 1 USMLE test and she is studying to take the step 2 USMLE here in Toronto, but in order to take the 3rd step she needs to go to U.S.  Passing these steps she will have a chance to go for a Medical Residency in U.S.

I would like to know how can we come back to U.S since we overstayed years ago trying to get a sponsor on my 245-I case.  If so, what do we have to do? What kind of procees will we have to address ? Should we wait  to become Canadians citizen before ?  Or should we apply for a Waiver?

Thank you very much



Hello Carlos

Depending on the length of your overstay in the US, you may indeed require a US Waiver of Inadmissibility. If you and your wife are a Canadian Permanent Residents and a Colombian Nationals, you would also require a US Visitor Visa to enter the US. As Canadian citizens, you would not require a Visa  but you would still require a Waiver.

Do you have a question about Overstay in the US? Contact Niren and Associates immigration law firm today.

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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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