10 years ban

[kramvi]

In the past I lived in the US illegally. However I departed voluntarily which was over 12 years ago. I hold an Australian passport and will be visiting Canada for which I do not require a visa. I was wondering if I could visit US by road and if there would be any issues relating to it. If there is a big problem, I would rather not take the trip. But friends have advised that as long as one is crime free, one is allowed to enter and visit. Any advice would be appreciated.

[Trinity71]

In the past I lived in the US illegally. However I departed voluntarily which was over 12 years ago. I hold an Australian passport and will be visiting Canada for which I do not require a visa. I was wondering if I could visit US by road and if there would be any issues relating to it. If there is a big problem, I would rather not take the trip. But friends have advised that as long as one is crime free, one is allowed to enter and visit. Any advice would be appreciated.

Illegal stays usually involve a 3 to 10 year ban from re-entering the U.S.. You are clearly past that time frame and like you said you departed voluntarily so that may help. Usually illegal overstays are considered an immigration risk, but much time has passed and you hold an Australian passport. Australia is not an immigration risk country for the U.S. You would just have to apply for the visa. I would think as long as you can show strong ties to home country, you should be fine.

Also, Australia participates in the visa waiver program. As long as you don't have any criminal offenses, you may be able to travel under that program without having to obtain the visa and stay for up to 90 days. (this would be the better option) However, be aware that if you are able to travel under the visa waiver program and you apply for a visa and it is denied, that would revoke the visa waiver option.


This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

[inadmissible]

You're not statutorily inadmissible. However, there is no way to he sure if you'll be granted ESTA travel authorization except by applying for it and observing the outcome. You should apply far in enough in advance of your trip that - if ESTA is denied - you'll be able to schedule a consular appointment for a visa application

[newacct]

You're not statutorily inadmissible. However, there is no way to he sure if you'll be granted ESTA travel authorization except by applying for it and observing the outcome. You should apply far in enough in advance of your trip that - if ESTA is denied - you'll be able to schedule a consular appointment for a visa application

Note that since he is entering the US by road, he doesn't need an ESTA to try to enter on VWP.

[kramvi]

Note that since he is entering the US by road, he doesn't need an ESTA to try to enter on VWP.

But I guess they will still interrogate me there right?

[kramvi]

As long as you have all your paperwork in order, it should be fine. The customs officers might be a bit harsher with the verification, though.

What paperwork am I expected to have with me?

[kramvi]

And would it be better to get an I94 online for 6 dollars or just pass through the immigration and they will do the necessary? Need to do it as headache free as possible