I came to Canada from the us as a refugee I came from the US and seek asylum in Canada over the border in 2019 I am now Permanent Resident and I have a US visa but I can't use my passport is the Visa still valid or do I need to apply for a new visa and how long will it take?
Travelling to the United States
- Thread starter Braveheart2019
- Start date
You need an RTD to travel. Did you obtain a new US visa after your asylum claim in Canada?
No I did not apply for a new visa my visa in my passport is still valid though don’t know if I can still use it with my RTD.
Your visa has most likely been cancelled and you need to apply for a new one.
These are only available in very limited circumstances. The examples I'm aware of include sponsorship by a US spouse / common law partner however I think you have to prove hardship. I think there may be some limited circumstances where you can apply for a waiver if you have a job in the US but I'm not as familiar with how that works.
There are no waivers available for visitors.
How long did you overstay? More than six months but less than a year? Or more than a year?
You most likely need to post your waiver questions to a US immigration forum.
It’s more than a year tho. Which group can you refer me to? Thanks so much for the prompt response
This may not be legal document, but explains some of the process. if you accumulate more than one year, most likely it is 5-10yrs ban...
https://www.boundless.com/immigration-resources/visa-overstay-forgiveness-explained/
Unfortunatley that means you have a 10 year ban. A waiver is most likely not possible but you can certainly look into it. Best to assume that you will not be able to re-enter the US for 10 years from the time you left.
Please do not attempt to enter earlier, even once you have Canadian citizenship and don't require a visa. The US has very little sense of humour when it comes to overstays.
Here are two good US immigration forums:
https://www.visajourney.com/forums/
https://forums.immigration.com/
UPDATE :
I recently had an interview for a US visa in Ottawa. Process was about an hour . I had a RTD with no PR and visa was approved at the end. However,
the officer said that due to having had a previous US visa and having crossed into Canada, that was was cancelled and so, they would need to remove that from system before they can issue me a new visa. Process will take a couple of weeks.
I recently had an interview for a US visa in Ottawa. Process was about an hour . I had a RTD with no PR and visa was approved at the end. However,
the officer said that due to having had a previous US visa and having crossed into Canada, that was was cancelled and so, they would need to remove that from system before they can issue me a new visa. Process will take a couple of weeks.
If one attempts to enter when one has a 10 year ban , the officer can at their discretion issue a permanent ban .
American Border officials have way more power to issue bans at their discretion than Canadian officers do. Once there’s a permanent ban there’s no appeal
https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility
When I worked at the airport , they do issue permanent bans when people attempt to enter with a ban in place and not having obtained a waiver . It’s not a case of people thinking they can sway the officer with their “ story “
- Permanently, if you reenter or try to reenter the United States without being admitted or paroled after having accrued more than one year of unlawful presence in the aggregate during one or more stays in the United States.
- If the permanent unlawful presence ground of inadmissibility applies to you, you will be permanently ineligible to:
- Receive an immigrant or a nonimmigrant visa to come to the United States;
- Adjust your status in the United States to that of a lawful permanent resident (Green Card holder); or
- Be admitted to the United States at a port of entry
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