Tweet
Overstay and immigration violation
I have a 10-year bar to enter U.S. which will expire in 2014. My daughter is a U.S. citizen and I am a Canadian. My daughter is applying for my GC and I would like to know the implications and paperwork required to overcome this impediment.
I was voluntarily departing from the U.S and crossing over to Canada for landing as a permanent resident in June 2004. Unfortunately, it was late in the evening and the Lewiston bridge was closed, therefore I came back to the south end of the bridge and was stopped by the U.S. authorities at the border. They found out about the overstay and served me with a removal and court order to appear. Nonetheless, he let me go from the Rainbow bridge with a date of July to appear in the Buffalo immigration court.
I wrote a detailed letter to the court directly stating that I was in Canada and have no visa to enter U.S. to appear in the court on that speicified date. Regardless, the reason to appear in the court was to enable them to start removal proceeding against me and I was already out of the country. I received the judgement from the court about the dismissal of the case without prejudice.
I have visited the U.S. about half a dozen times since on visitor visas during my permanent residency in Canada. Every time the visa officer from the U.S. consulate in Toronto applied for a waiver from the homeland security for a period of either 6 months or a year. I have now become a Canadian citizen and the procedure for Canadians is very cumbersome to get a non-immigrant or immigrant visa with a bar. There is a hefty fee and it is time consuming.
I will be grateful, if somebody can guide me before my daugher applies for my GC.
I was voluntarily departing from the U.S and crossing over to Canada for landing as a permanent resident in June 2004. Unfortunately, it was late in the evening and the Lewiston bridge was closed, therefore I came back to the south end of the bridge and was stopped by the U.S. authorities at the border. They found out about the overstay and served me with a removal and court order to appear. Nonetheless, he let me go from the Rainbow bridge with a date of July to appear in the Buffalo immigration court.
I wrote a detailed letter to the court directly stating that I was in Canada and have no visa to enter U.S. to appear in the court on that speicified date. Regardless, the reason to appear in the court was to enable them to start removal proceeding against me and I was already out of the country. I received the judgement from the court about the dismissal of the case without prejudice.
I have visited the U.S. about half a dozen times since on visitor visas during my permanent residency in Canada. Every time the visa officer from the U.S. consulate in Toronto applied for a waiver from the homeland security for a period of either 6 months or a year. I have now become a Canadian citizen and the procedure for Canadians is very cumbersome to get a non-immigrant or immigrant visa with a bar. There is a hefty fee and it is time consuming.
I will be grateful, if somebody can guide me before my daugher applies for my GC.
