KK85

Hi, all.

My sister would like to come and visit me in PA for her birthday in November. She has a previous ESTA overstay, with some additional factors related to her time in the States which I worry might contribute to a complicated situation, and I'm just trying to figure out what the chances are of her being offered a B-2 visa (assuming another ESTA is denied).

She came to the States in 2012, on an ESTA, aged 19, to be a nanny. She was 'employed' by a very wealthy, high-flying, ignorant buffoon, who told her she didn't need a visa, and in her naivety she took his word for it. She worked cash-in-hand in NJ for six months.

After six months in the US, she flew out of Newark and went to Calgary, Canada, where she hoped to stay with our uncle for a while. At border control, she was questioned, sent to secondary, interrogated for four hours, and finally deported back to the UK. To her recollection, there was no discussion about whether or not she would be 'banned' from anywhere, and she thinks it went on record that she was 'working' in the US, though she's not certain about that.

I am uncertain as to whether this deportation will count as a black mark against potential future visits to the USA or to Canada (or both?!) - is anyone able to enlighten me?

Assuming she were to apply for an ESTA this year and be denied, is the illegal work situation likely going to make obtaining a B-2 visa all the more difficult?

I appreciate that we can't know the outcome to any of these situations until she applies - it's a case of waiting and seeing what happens. But in the meantime, any opinions or advice would be greatly appreciated. I'd like to gain a better idea about possible likelihoods and her chances of coming over, before she gets her hopes up.

Thank you.

Noorah101

First of all, she's not eligible for VWP travel at all, so she can't even apply for ESTA. Overstaying even by one day makes one ineligible to ever use the VWP again. So that route is closed. She must apply for a B-2.

The overstay was not long enough to incur a ban, so that's good. Being turned away at Canada should not affect her eligibility for a B-2.

Her prior overstay might raise questions as to whether she would do it again. Her illegal working will also raise questions. She should be honest in answering all questions but offer no further information until specifically asked. She should be apologetic for her overstay and working.

Hopefully she has strong ties to the UK now...a job she needs to return to, a home, school, that sort of thing, and provide proof of such.

I have no idea what her chances of success might be, but for sure zero if she doesn't try.

Rene

KK85

This is a great help, Rene - thank you. I had no idea that an overstay made one immediately ineligible to use the VWP!

I'll instruct her to apply for a B-2 visa, and I will advise her to do as you say - be honest and apologetic, and answer only the questions asked. She's not a homeowner, but she is doing well in her career and hopefully that, along with having return flights and it being a birthday trip, might appease the officers at POE.

I'll try to remember to report back with any outcomes.

Noorah101

Good luck, I hope it works out. She should get a letter from her employer on letterhead stating when she's due back at work. Proof of funds to cover her trip.

How long is she planing to stay?

Rene

KK85

Good advice! Thank you.

We'd hadn't dared to get that far ahead of ourselves yet! I imagine most likely a week or so, perhaps two at most. She loves the States, and I'd love to show her my new home - I'll be keeping everything crossed this works out.

S Folinsky

Who "deported" her to the UK? The US or the Canadian authorities?

scrubbedexpat099

Possible she might have a ban, suggests she applies for a B asap so that if she is approved for a B with a waiver there is enough time for it to be processed by November.

KK85

She was deported from Canada, so I have believed it was the Canadian authorities? Is it possible that the order could have come from US authorities?

Thank you for this advice. I will suggest she gets the ball rolling as soon as possible.

Former Lancastrian

I highly doubt she was deported from Canada in the legal sense of a Deportation Order. I suspect she was either asked to voluntarily withdraw her application to enter Canada commonly known as Allowed To Leave or at the most severe an Exclusion Order. If done by the Canadian authorities she would have been given official paperwork and that needs to be consulted to see what actually transpired.

KK85

Thank you for this. To her recollection, the word 'deported' was used, but emotions were high and she was young and naive, so there's lots of room for misunderstandings, I suppose.

She was allowed to leave the airport to go and see our uncle in Calgary for up to 24 hours, at which point she had to return to the airport or there would "be a warrant out" for her arrest, apparently! Does this tie in with the rules of an Exclusion Order or her being granted Allowed To Leave?

I doubt very strongly that she will have retained any paperwork she was given, if she was given any. I love my sister enormously, but she is disorganised and... free-spirited... at the best of times!

Assuming any of the above circumstances apply - her only possible route to try to visit me will be to apply for a B visa, is that right? And hope for the best?

Former Lancastrian

It sounds like she was granted an Allowed To Leave with CBSA being the good guys by allowing her in for a family visit and then returning on terms and conditions to effect her departure.
I cant give you advice on the US Immigration procedures but sounds like she will need to apply for a B2 visa.

KK85

This has been very informative and useful - thank you! We'll run with the B-2 and I'll report back.

crg

Either the working or the overstay would preclude future ESTA/VWP use.

It's still fuzzy what happened in Canada. Was her issue upon arrival in Canada or when she finished her "visit" (attempted VWP reset) in Canada.

Either she arrived in Canada from the US, and the Canadians found her a flight to the UK or (more likely) she was at US Preclearance in Calgary and was refused entry back into the US and then turned over to the Canadians who persuasively helped her find a flight to the UK.

If the Canadians had taken issue at entry, they could have just compelled the airline who brought her from the US to return her to the US. The US couldn't refuse that return since Canada had the right of first refusal if she were arriving. The US could have then done a VWP removal (much different that an VWP refusal and considered as a deportation/removal with a 10-year bar). That doesn't appear to have happened.

So that's why it was more likely that the US denied her attempt to reenter at preclearance and Canada helped her arrange the UK flight.

neill

Anyone reading this should also note that visiting Canada directly from the U.S. does NOT reset the U.S. VWP/ESTA 90-day clock.