waiver programm

[AnnaMD]

Hi there,

So my sister was in US in 2011 May - 2013 January , she was on the waiver programm, but she overstayed.
Her overstaying was 1 year and 5 months. She went back to Europe and a few days later she thought somehow she can come back in, but they disn't let her in... she got deported.

She overstayed because she fell in love...

So i haven't seen my sister for over a year and we were planing on having a trip to the Bahamas. She went to the US embassy in Switzerland and they told her she is banned for 10years!

What the imigration told her on the US border was that she couldn't come in on the waiver program, but she can apply for a visa after ONE year... almost three years are over and she can't get the visa.

So my question is now, if she wants to come to Canada only for 10days, would she be able to? Can she come in on a waiver programm? what is the law between Canada and US?

 

[scylla]

There is no "waiver" program for Canada. Where is your sister originally from? What passport does she hold?

And yes - she is definitely banned from the US for 10 years due to the length of her overstay. The only waiver available to her is if she marries someone in the US and that person sponsors her for a green card - and even then the waiver process won't be easy. Otherwise she will have to wait 10 years before trying to re-enter the US. It doesn't matter why she overstayed.

 

[scylla]

I just realized you might be referring to the visa waiver program in the US. Is that what you were trying to say? Again, understanding what passport your sister holds is important (i.e. to determine if she is visa exempt or non-visa exempt when it comes to visiting Canada).

 

[AnnaMD]

She is a Swiss citizen... she has a Swiss passport.

Usually when I go to Canada ( I live in NY and drive pretty offten to Niagra Falls ) I don't need any kind of visa.

 

[scylla]

She can visit Canada on her passport alone. There is no need to apply for a visa. When she enters Canada, if Canadian officials ask her if she has ever been refused a visa or told to leave a country, she will need to be honest abut her US immigration history (keep in mind that Canada and the US share records).

She should not try entering the US from Canada. If she does, she'll most likely find her 10 year ban to the US increased from 10 years to 20 years.

 

[AnnaMD]

and there is no possibility that they send her back to Switzerland because of the US status she has?

 

[Lammawitch]

She can visit Canada on her passport alone. There is no need to apply for a visa. When she enters Canada, if Canadian officials ask her if she has ever been refused a visa or told to leave a country, she will need to be honest abut her US immigration history (keep in mind that Canada and the US share records).

She should not try entering the US from Canada. If she does, she'll most likely find her 10 year ban to the US increased from 10 years to 20 years.

Re bold: Or even a life ban.

 

[Lammawitch]

and there is no possibility that they send her back to Switzerland because of the US status she has?

There is always a possibility she might be refused entry to Canada. No one here can tell you whether or not that might happen.

If she decides to travel to Canada for 10 days, she should have a return ticket, & sufficient funds for her stay.

 

[scylla]

Re bold: Or even a life ban.

It's a 20 year ban if you try to re-enter the US with a 10 year ban.

The US does issue life bans for certain things (specifically misrepresentation in an immigration application, claiming you are a US citizen when you aren't and certain criminal charges) - but not for this.

 

[Lammawitch]

It's a 20 year ban if you try to re-enter the US with a 10 year ban.

The US does issue life bans for certain things (specifically misrepresentation in an immigration application, claiming you are a US citizen when you aren't and certain criminal charges) - but not for this.

Ah, thanks for the correction .

I only mentioned the lifetime ban because the sister has an overstay AND a deportation already.

Although it might not actually be a deportation, rather a refusal of entry. But that's not clear from the OP's post, and is getting rather off topic, sorry !