+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

can i enter the USA...

k3v1n

Full Member
May 15, 2009
21
0
hi, i am applying for my work permit (skilled worker) in my home country, and i know after a year i can process my PR/PNP(right!).
i was in the USA for several years (out of status) then moved to my home country, and in the course i got my PR status in canada can i visit the USA...

i appreciate any information you can share to me....


thanks much!!
 

Karlshammar

Champion Member
Sep 3, 2009
1,554
97
Job Offer........
Pre-Assessed..
It would depend. What was your status in the U.S.A. and how long did you overstay?

k3v1n said:
hi, i am applying for my work permit (skilled worker) in my home country, and i know after a year i can process my PR/PNP(right!).
i was in the USA for several years (out of status) then moved to my home country, and in the course i got my PR status in canada can i visit the USA...

i appreciate any information you can share to me....


thanks much!!
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
k3v1n said:
hi, i am applying for my work permit (skilled worker) in my home country, and i know after a year i can process my PR/PNP(right!).
i was in the USA for several years (out of status) then moved to my home country, and in the course i got my PR status in canada can i visit the USA...

i appreciate any information you can share to me....


thanks much!!
You would need to apply for a US visitor visa (B1/B2) if you want to go to the US.
 

Karlshammar

Champion Member
Sep 3, 2009
1,554
97
Job Offer........
Pre-Assessed..
Not necessarily. It all depends on his status at the time, what his citizenship is, and how long he overstayed for.

job_seeker said:
You would need to apply for a US visitor visa (B1/B2) if you want to go to the US.
 

k3v1n

Full Member
May 15, 2009
21
0
thanks for your input about this argument..
i went to the US as a visitor then marry a USC then applied for adjustment but never got any green card because after two years i decided to go back to manila without any advanced parole paper(no turning back)... i found an employer to canada..... if ever i become a permanent resident of canada can i visit my relatives who are in the US.. thanks again....
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Karlshammar said:
Not necessarily. It all depends on his status at the time, what his citizenship is, and how long he overstayed for.
I am assuming he is Filipino because in one of his posts he said his application was sent to Manila. So if he became Canadian Permanent Resident, he would need to apply for a visitor visa to the US.
 

Karlshammar

Champion Member
Sep 3, 2009
1,554
97
Job Offer........
Pre-Assessed..
Yes, Filipinos do need a visa.

If you overstayed over 6 months but less than a year you will be subject to a two- or three-year bar on entering the U.S.A. (I can't remember which), and if you overstayed for over a year you will be barred from entry for 10 years.

If your overstay was under 6 months you are not subject to automatic bars, though it is still a negative factor, and the officers can use it against you as an exercise of discretion.
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
Karlshammar said:
Yes, Filipinos do need a visa.

If you overstayed over 6 months but less than a year you will be subject to a two- or three-year bar on entering the U.S.A. (I can't remember which), and if you overstayed for over a year you will be barred from entry for 10 years.

If your overstay was under 6 months you are not subject to automatic bars, though it is still a negative factor, and the officers can use it against you as an exercise of discretion.
But once he became a Canadian Citizen, would his overstay be still counted against him? Or would he be able to go at will to the US once he is a Canadian passport holder?
 

PMM

VIP Member
Jun 30, 2005
25,494
1,949
Hi

job_seeker said:
But once he became a Canadian Citizen, would his overstay be still counted against him? Or would he be able to go at will to the US once he is a Canadian passport holder?
Yes, it still counts.

PMM
 

Karlshammar

Champion Member
Sep 3, 2009
1,554
97
Job Offer........
Pre-Assessed..
PMM is right. The U.S. gov't will not forgive violations of U.S. law just because the offender becomes naturalized in another country.
 

k3v1n

Full Member
May 15, 2009
21
0
1. even i got some invitation (like weddings, graduations, conventions, seminars) there is no way i can get in to the USA because of the ban.. so it means i cannot file my PR/PNP at buffalo and need to file at home country...
2. can you please give me a timeline or just an estimate time from the time i landed to canada and start to work in getting the PR and petitioning my kids in manila..
thanks so much for the information,
 

Karlshammar

Champion Member
Sep 3, 2009
1,554
97
Job Offer........
Pre-Assessed..
1. Violations of U.S. law are not automatically pardoned because you are invited to a wedding.
2. If you are asking how long it takes to process an application, you can check the current processing times at www.cic.gc.ca

k3v1n said:
1. even i got some invitation (like weddings, graduations, conventions, seminars) there is no way i can get in to the USA because of the ban.. so it means i cannot file my PR/PNP at buffalo and need to file at home country...
2. can you please give me a timeline or just an estimate time from the time i landed to canada and start to work in getting the PR and petitioning my kids in manila..
thanks so much for the information,
 

emiral54

Member
Oct 6, 2009
12
0
everybody says overstay cant come to usa again for 10 years . but a lot of people say that when you leave usa nobody check for any paper i-94 something like that how they would know?in canada also like that i think
 

k3v1n

Full Member
May 15, 2009
21
0
thanks for your responses,, i appreciate it..
so you mean all the paper works i will be doing in the future will go or be submitted to my home country, because i am not elligible to file my papers in buffalo...
 

job_seeker

VIP Member
Jul 27, 2009
4,539
83
emiral54 said:
everybody says overstay cant come to usa again for 10 years . but a lot of people say that when you leave usa nobody check for any paper i-94 something like that how they would know?in canada also like that i think
US has a record of when you entered. When you leave, they go by the date stamped on your passport when you reach another country or the I94 if it was left at the airport or a border. Both Canada and the US do not stamp the passport when one leaves.