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Re-entry to US

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vm344

New member
I came to US long time ago via tourist visa. To make the long story short, I overstayed.
While I was there, I was able to buy a house and build my own business (Care Home). And of course, I filed taxes every year. I did what a good citizen in America should do, except for the fact that I was an “illegal alien”. I followed the rules, I obeyed the law, never got in trouble, not even a single traffic violation.
And due to a situation that happened in my life, I decided it was time for me to leave US. Before I left, I filed for bankruptcy.
I left US in 2014 and moved to Canada. I am now a Canadian citizen.
My question is, because I overstayed in US, am I not allowed to enter US anymore? Or is there sort of “condition”, like number of years when I can enter US again? How will this get me in trouble if I try to visit US again? Or I am banned forever?
 


LdiJ

Senior Member
I came to US long time ago via tourist visa. To make the long story short, I overstayed.
While I was there, I was able to buy a house and build my own business (Care Home). And of course, I filed taxes every year. I did what a good citizen in America should do, except for the fact that I was an “illegal alien”. I followed the rules, I obeyed the law, never got in trouble, not even a single traffic violation.
And due to a situation that happened in my life, I decided it was time for me to leave US. Before I left, I filed for bankruptcy.
I left US in 2014 and moved to Canada. I am now a Canadian citizen.
My question is, because I overstayed in US, am I not allowed to enter US anymore? Or is there sort of “condition”, like number of years when I can enter US again? How will this get me in trouble if I try to visit US again? Or I am banned forever?
From what I can see, if you left voluntarily and were not deported, your maximum ban period would be 10 years. However, it would be best to consult a US immigration attorney.
 
I don't know if Canada and the US share information but if they don't it's going to be difficult to get another visa if according to US immigration records you never left the US and are still overstaying your last visa.
An attorney would be a good idea especially with today's climate of new visa restrictions.
 

Zigner

Senior Member, Non-Attorney
I don't know if Canada and the US share information but if they don't it's going to be difficult to get another visa if according to US immigration records you never left the US and are still overstaying your last visa.
An attorney would be a good idea especially with today's climate of new visa restrictions.
Does one have to check out when leaving the country (US)?
 
Does one have to check out when leaving the country (US)?
When I traveled to Canada I had to show my US passport, but I'm not sure if that could be construed as checking out. I do know that anyone leaving the US by plane or boat is on a passenger list which is forwarded to customs, but not for road travel.
 

LdiJ

Senior Member
There is of course the issue that he is now a Canadian Citizen with a Canadian Passport, which will not tie into his previous passport from his previous country.
 

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