CanadaGuy

Hi,
I have a complicated question which I hope someone can answer,
I was an Indian National when I over stayed my student VISA in USA back in 2003, while moving to Canada, I registered with INS at the border, I was told by the officer I would be sent a later in the mail by immigration judge to appear in court, which I received but never actually could attend due to my busy schedule and work. After that, I never received any letter from judge telling me what happened to my case and what he decided. Now I am a Canadian Citizen and would like to go back to states to see some friends but I would like to know how I can find out whether I am allowed to go back or not, and that there isn't a 10 years bar on me. As I mentioned, I am now a Canadian passport holder and was wondering if INS would know that I overstayed 5 years ago on a different country's passport.

Thanks

ian-mstm

I'll answer the easy question first. Whether they actually know or not, you *must* assume they know. I'll also mention that being a Canadian citizen will *not* help you at all.


Boy... you must really like living on the edge! It probably didn't seem all that important to you at the time... does it seem important now?


Did the letter mention what would happen if you didn't show up?


I'm not sure who you'd contact to find out... perhaps someone else has a suggestion for that. I think, though, that the easiest thing to do would be to try to cross the border and see what happens. If they let you in, great. If they don't... well, you'll have found your answer. If it was me, I wouldn't assume that being allowed in this time would mean that I'll be allowed in next time. Good luck.

Ian

Folinskyinla

Hi:

If you got an "A" number [the letter "A" followed by 9 digits, if 10 digits ignore the first digit -- ignore the first digit] and call 800 898 7180 or (703) 305-1662 -- and go through the prompts. If it states "The A number was not found in the system" -- there was never a court proceeding under that number.

If it shows a final order, contact a US immigration lawyer to see about getting set aside.

BTW, I have a client who was in the US in 1992, applied for asylum and was denied. He departed the United States, obtained asylum and later citizenship in another country [not Canada BTW] and obtained a student visa to come to the US. He complied with the SEVIS and NSEERS registration programs.

In 2003, former INS issued a NTA for removal and sent the notice to him at the 10 year old address. He ignored it inasmuch as it never reached him. The court then sent out a hearing notice. He ignored that TOO inasmuch as it never reached him. Due to his failure to appear, the Immigration Court was able to find that the had never left since 1992!

In late 2003, he travels to country of citizenship accompanying his wife to pick up Immigrant Visas and return with green cards no problem.

Subsequently, he traveled many times and always got sent to secondary due to the former NSEERS registration. But he was always let in.

Last summer, he took a three-day cruise to Ensenada -- and on return was stopped due to the removal order which predated his green card which he had gotten abroad.

The CBP inspectors were quite angry with him since he had obviously not disclosed the May 2003 removal order when he obtained his visa abroad in November 2003. Furthermore, even when confronted with the fact, he CONTINUED to assert he was ignorant of the prior order.

MORAL -- assume they know about it.

CanadaGuy

Thanks for your replies.
Folinskyinla; I called the phone number you suggested and entered the A #, according to the recording, it said "Judge ordered removal on my case", do you know what this means? This is all it is saying with no additional info or next hearing date.
Thanks

penguinsix

That means call a professional immigration attorney.

ian-mstm

This means you were officially ordered removed from the US. You need to contact an immigration lawyer ASAP... this is no longer a DIY project.

Ian

Folinskyinla

Hi:

It means that the Judge ordered removal. Not only are you subject to a 10-year bar from entry, but it will be a felony if you are "found" in the United States. You need a waiver.

CanadaGuy

I will contact a lawyer and go through waiver, but do I have to get waiver done before each visit or just once and then I am free to go whenever I wish?

penguinsix

Again, you have reached the limit of what a messageboard can accurately tell you. You need professional advice on this and other questions. I think getting a waiver is probably unlikely, so worrying about how it works might be a bit premature.

Good luck.