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Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 99433
Experience:  Private practice in several areas, including immigration
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I overstayed my visa by a considerable time, and when I left

Customer Question

Hi Pearl, I overstayed my visa by a considerable time, and when I left the US in 2001 for Canada, I did not try to return until 2013. I was refused entry even though it had been more than 10 years since the initial incident. I have since established Permanent Resident status in Canada. Will this help me and which visa should I apply for to re-enter the US?
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: I am a permanent resident of Canada (UK citizen), currently living in Vancouver. I don't have any status in the US as far as I know - there are no pending applications or petitions.
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Immigration Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Ely replied 3 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

Yes, overstaying by 180+ days can mean a 3 year ban, and overstaying by a year can mean a 10 year ban. However, these bans are statutory - they apply automatically. You still can be denied entry at the discretion of USCIS/ICE/CBP even if you are no longer subject to the ban.

If you have formal residence in Canada, this may help, but you still have to overcome the presumption that you will overstay again. This would mean showing ties to the community:

-a bank account


-letters of your character from others, and/or

-lease/real estate owned in Canada

The more you can show from the above, the better.

Assuming you simply want to come to visit, you can apply for a B2 (visitor) visa.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 3 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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