I entered the US in 1997 on a student visa. My visa expired in 2002 but I did not leave the US. On my way to Canada I was stopped by the US Border Patrol in 2006. I was arrested for overstaying my visa and given a deportation hearing date. I did not attend the date as I was then in Canada. In July 2007 a deportation order was issued and I was given a 10-year ban. That 10-year ban has now expired and I wish to return to the US to visit. Do I need to apply for a waiver since 10 years have passed?
2 Answers
No. If the ban is over, no waiver is needed.
As a Canadian citizen wanting to visit the US, you would simply travel with your Canadian passport to a US port of entry to seek entry as a Canadian usually would. No other action or application is needed. The decision of whether to let you in as a visitor is with the immigration officer at entry, as always.
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I want to give an update. I traveled to the US at the end of March. I crossed a the Pembina/Emerson border crossing. When I got to the window I presented my passport then the border agent asked me if I had ever had contact with the US border patrol. I said yes and gave the date and a brief explanation. Then he asked me to come inside. When I got inside I explained my situation again then they said they needed to verify my identity. The took my finger prints and after about 30 minutes they asked me where I was going, how long I was staying and when I planned to return then they let me enter the US. Overall, it was an fairly easy process.
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