QUESTION
Since it has been over 10 years since we left the US, has this bar been lifted?
Asked on Nov 28th, 2012 on Immigration - Ohio
More details to this question:
My family went to the US on a work visa and overstayed after the work visa expired. We left California in 1999 for Canada. We went to the Philippines for six weeks before Immigrating to Canada. We visited the US a few years later and had no problems at the border. Then when we tried to return a year after, my parents were refused entry into the US. My brother and I were not subject to this bar as we were minors during the time we overstayed. Does it matter that my parents were allowed into the US a few years after we left? If my parents want to enter the US as visitors (We are Canadian Citizens), do they still need to file for a waiver? What documents should they bring when they try to re-enter the US? Would they be allowed to simply drive across the border to go shopping or do they need special documentation even though it has been 13 years?
3 ANSWERS
Rebecca T White
Your parents may need to have documentation to confirm the date of their last exit and plan to have extra time for the border to review their situation.
Answered on Nov 29th, 2012 at 5:21 PM
I would think so. If the bar was for 10 years and you have been out for 13, that means you have satisfied the conditions of the bar. You would need to support this with evidence of your stay outside the US.
Answered on Nov 29th, 2012 at 5:20 PM
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Won't know until you seek entry. Make an appointment with an immigration attorney.
Answered on Nov 29th, 2012 at 5:18 PM