Location: Brampton, ON - Canada
Posted on: 25-10-10 17:54:28
hello friends,
my friend needs help for some USA immigration query - he is a canadian citizen but was being barred from entering USA for 10 years due to over stay for more than a year. the 10 year barr is now over in sept 2010 and he wants to go to USA to visit his family for couple of days, please keep in mind he is a canadian citizen but the concern here is that during his 10 year barr he had tried to cross the border 3 - 4 times and he was refused entry and send back to canada. so now the question is he has not tried after the barr got over, so does he have to apply for USA visa waiver or he can just directly go to USA since he is a canadian citizen. would appreciate true and genuine answers please. he called few lawyers but noone is helping him and i know my friends in CD will not let me down so please help by giving proper guidance.
thanks a million,
parag
Canada is not a part of the US Visa Waiver Program, therefore, applying for VWP does not arise in this case.
Normally, Canadian citizens can simply show up at a border post with their passports for admittance into the US.
However, that will not work for your friend.
Since he has been flagged as a status violator in the past, his name will be all over the automated registries that the US border police (CBS) have.
And of course, "attempting" to cross the border 3 - 4 times didn't help - what was he thinking?
Please have him review the following information:
http://www.travel.state.gov/visa/temp/without/without_1260.html
and
http://cbp.gov/xp/cgov/travel/id_visa/indamiss_can_info.xml
He will need to file form I-192 with the US CBS.
Point# 10 on that second link above applies in this case and he has to provide the requested evidence.
Hope this helps.
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Location: Brampton, ON - Canada
Posted on: 25-10-10 20:33:49
thanks a lot for ur detailed reply, so if he fills out this I-192 will he be approved to go to USA. what if he tries to go without this I192 approval as he is canadian citizen and the barr is over now? what could be the consequences?? please reply.
Thanks a lot,
Parag
Location: Western Hemisphere
Posted on: 26-10-10 08:25:48
Quote:
Originally posted by PARAGMEHTA
thanks a lot for ur detailed reply, so if he fills out this I-192 will he be approved to go to USA. what if he tries to go without this I192 approval as he is canadian citizen and the barr is over now? what could be the consequences?? please reply.
Thanks a lot,
Parag
I am surprised he did not get arrested on the third attempt to enter since that's what they end up doing to violators during the bar period.
His entry is entirely dependent on the POE's discretion at this time and it will most likely occur after a thorough investigation of his past at the secondary inspection, regardless of whether his bar period is over or not.
Now, there is a chance with the Cdn passport, he might be let through, but my suspicion is the name will be flagged for secondary inspection even it does not show any prior history right away.
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Dimple2001
Location: Brampton, ON - Canada
Posted on: 27-10-10 11:56:52
hi there,
thanks for ur reply. what if he files for I-192, like patrick said, will he be able to go to USA without any problems after that. please advise.
thanks.
parag
Location: Western Hemisphere
Posted on: 27-10-10 12:09:08
Quote:
Originally posted by PARAGMEHTA
hi there,
thanks for ur reply. what if he files for I-192, like patrick said, will he be able to go to USA without any problems after that. please advise.
thanks.
parag
Filing for I-192 will not allow or guarantee entry.
Approval of the I-192 and issuance of I-194 by the US Govt will confirm granting of the waiver. I am assuming the traveler then has to carry the I-194 to request entry into the US.
Since, the filing of I-192 will also require supporting documents (I don't know what that might be in your friend's case), I can assume the granting of I-194 will mean the US has done a thorough review of his case and approved the waiver. Therefore, there should not be issues at the border.
However, be very warned that entry into the US is solely the discretion of the POE officer(s). I-194 will support your friends' case during request for entry, that's all. Does not guarantee entry and this is applicable to anybody for that matter. So, it wouldn't hurt to file I-192 and see if he gets the I-194.
http://www.visaplace.com/blog-immigration-law/category/us-waivers-i-192/
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Dimple2001
