ella69

A person entered the US under the visa waiver and overstayed
He then moves to canada. His accompanies his wife to land(as she had become a PR of Canada.(he is not landing yet). They thought they could just do a u turn and come back into Canada, but unfortunatedly at the border they have to go through US immigration. He is interviewed, then given a refusal entry to the US(even though he has no intention of entering the US) His passport is stamped and he is informed that he can no longer enter the US under the visa waiver but always apply for a visa. Is this the same as a 5/10 year ban..If his jobs wants him to work in the US will that pose a problem...His children are US citzens can they ever petition for him

Lucy

"ella69" <member26192@british_expats.com> wrote in message
news:[email protected] m...
    > His passport is stamped and he is informed that he can
    > no longer enter the US under the visa waiver but always apply for a
    > visa. Is this the same as a 5/10 year ban..

No. If he was banned, he wouldn't be able to get in on a visa either. I
think he's lucky he didn't get banned though.

    > If his jobs wants him to work
    > in the US will that pose a problem...

The fact that he stayed illegally in the US previously could certainly cause
problems with him getting a work visa. I would make sure his company has a
good lawyer to help him if they need him to work in the US.

    > His children are US citzens can
    > they ever petition for him

How old are they now? By the time they turn 21 and can petition for him,
maybe enough time will be passed that it won't be so much of an issue.

Lucy

crg

If the overstay was more than 6 months, then they have a 3 year ban. If the overstay is more than 1 year then the ban is 10 years. They'd need a visa and a waiver and can't ever use the visa waiver program. The ban still applies even after they become Canadian unless they get an approved waiver.

If they entered Canada as a refugee from the United States, their unlawful presence may keep adding up until Canada admits them as a permanent resident. The 10 years start from when they are granted status in Canada or another country.

If the job wants them to work in the U.S. then they will have a big problem. Since you said "children" that means the person almost definetly overstayed by more than 1 year. They probably have a 10 year bar from their overstay.

Did the wife overstay in the U.S. too? The children can't sponsor anyone until they become adults.

crg

"No. If he was banned, he wouldn't be able to get in on a visa either. I
think he's lucky he didn't get banned though."

I wouldn't assume that he doesn't have a ban. He was told he needs a visa. They apply for a waiver of the 10 year bar at the same time as the visa. So he can get in with the visa, if he gets one. The visa waiver program is definetly off limits though.

At the border, they often tell the person they need a visa even when they are barred for 10 years due to an overstay. It's accurate information. The visa they get just needs to have a 212(d)(3(B) waiver annotation as well. If they can prove they are firmly settled in Canada they could get a visa and an approved waiver for the overstay much sooner than the 10 year bar.

The ban is in place without the officer on the border being required to do any additional paperwork. The ban happened automatically when the person overstayed. If the person seeks entry again with out a visa and an approved waiver (or Canadian citizenship and an approved waiver), they can be arrested and detained to appear before a judge for removal proceedings that can carry a separate 10yr ban. The ban received from the judge would make it an actual criminal offense (federal felony) for the person to seek admission again.

ella69

The wife did not overstay in the USA. The wife has a very good job in Canada and hope to settle there, so if they can prove to the US immigration that they have no intention of staying in the US but only for holidays and work related issues,,there is a chance that they can get some sort of visitors visa?

Bob

Would need the waiver and visa....UCIS wouldn't really care if it's only for holidays and for work, because of previous abuse of the VWP.

crg

How does the wife pop out multiple US citizen kids, and not overstay? Did she just make trips to have babies?

ella69

she was on a work visa..I think..have to confirm that