Ella69

A person entered the US under the visa waiver and overstayed
He then moves to canada. His accompanies his wife to land(as she had
become a PR of Canada.(he is not landing yet). They thought they could
just do a u turn and come back into Canada, but unfortunatedly at the
border they have to go through US immigration. He is interviewed, then
given a refusal entry to the US(even though he has no intention of
entering the US) His passport is stamped and he is informed that he can
no longer enter the US under the visa waiver but always apply for a
visa. Is this the same as a 5/10 year ban..If his jobs wants him to work
in the US will that pose a problem...His children are US citzens can
they ever petition for him

Lucy

"ella69" <member26192@british_expats.com> wrote in message
news:34$278441$1978743$...
    > His passport is stamped and he is informed that he can
    > no longer enter the US under the visa waiver but always apply for a
    > visa. Is this the same as a 5/10 year ban..

No. If he was banned, he wouldn't be able to get in on a visa either. I
think he's lucky he didn't get banned though.

    > If his jobs wants him to work
    > in the US will that pose a problem...

The fact that he stayed illegally in the US previously could certainly cause
problems with him getting a work visa. I would make sure his company has a
good lawyer to help him if they need him to work in the US.

    > His children are US citzens can
    > they ever petition for him

How old are they now? By the time they turn 21 and can petition for him,
maybe enough time will be passed that it won't be so much of an issue.

Lucy

Crg14624

    > A person entered the US under the visa waiver and overstayed
    > He then moves to canada. His accompanies his wife to land(as she had
    > become a PR of Canada.(he is not landing yet). They thought they could
    > just do a u turn and come back into Canada, but unfortunatedly at the
    > border they have to go through US immigration. He is interviewed, then
    > given a refusal entry to the US(even though he has no intention of
    > entering the US) His passport is stamped and he is informed that he
    > can no longer enter the US under the visa waiver but always apply for
    > a visa. Is this the same as a 5/10 year ban..If his jobs wants him to
    > work in the US will that pose a problem...His children are US citzens
    > can they ever petition for him

If the overstay was more than 6 months, then they have a 3 year ban. If
the overstay is more than 1 year then the ban is 10 years. They'd need
a visa and a waiver and can't ever use the visa waiver program. The ban
still applies even after they become Canadian unless they get an
approved waiver.

If they entered Canada as a refugee from the United States, their
unlawful presence may keep adding up until Canada admits them as a
permanent resident. The 10 years start from when they are granted
status in Canada or another country.

If the job wants them to work in the U.S. then they will have a big
problem. Since you said "children" that means the person almost
definetly overstayed by more than 1 year. They probably have a 10 year
bar from their overstay.

Did the wife overstay in the U.S. too? The children can't sponsor
anyone until they become adults.

Crg14624

    > "ella69" <member26192@british_expats.com> wrote in message
    > news:34$278441$1978743$...
    > > His passport is stamped and he is informed that he can
    > > no longer enter the US under the visa waiver but always apply for a
    > > visa. Is this the same as a 5/10 year ban..
    > No. If he was banned, he wouldn't be able to get in on a visa either.
    > I
    > think he's lucky he didn't get banned though.
    > > If his jobs wants him to work
    > > in the US will that pose a problem...
    > The fact that he stayed illegally in the US previously could certainly
    > cause
    > problems with him getting a work visa. I would make sure his company
    > has a
    > good lawyer to help him if they need him to work in the US.
    > > His children are US citzens can
    > > they ever petition for him
    > How old are they now? By the time they turn 21 and can petition for
    > him,
    > maybe enough time will be passed that it won't be so much of an issue.
    > Lucy

"No. If he was banned, he wouldn't be able to get in on a visa either. I
think he's lucky he didn't get banned though."

I wouldn't assume that he doesn't have a ban. He was told he needs a
visa. They apply for a waiver of the 10 year bar at the same time as
the visa. So he can get in with the visa, if he gets one. The visa
waiver program is definetly off limits though.

At the border, they often tell the person they need a visa even when
they are barred for 10 years due to an overstay. It's accurate
information. The visa they get just needs to have a 212(d)(3(B) waiver
annotation as well. If they can prove they are firmly settled in Canada
they could get a visa and an approved waiver for the overstay much
sooner than the 10 year bar.

The ban is in place without the officer on the border being required to
do any additional paperwork. The ban happened automatically when the
person overstayed. If the person seeks entry again with out a visa and
an approved waiver (or Canadian citizenship and an approved waiver),
they can be arrested and detained to appear before a judge for removal
proceedings that can carry a separate 10yr ban. The ban received from
the judge would make it an actual criminal offense (federal felony) for
the person to seek admission again.

Ella69

    > "No. If he was banned, he wouldn't be able to get in on a visa either.
    > I
    > think he's lucky he didn't get banned though."
    > I wouldn't assume that he doesn't have a ban. He was told he needs a
    > visa. They apply for a waiver of the 10 year bar at the same time as
    > the visa. So he can get in with the visa, if he gets one. The visa
    > waiver program is definetly off limits though.
    > At the border, they often tell the person they need a visa even when
    > they are barred for 10 years due to an overstay. It's accurate
    > information. The visa they get just needs to have a 212(d)(3(B)
    > waiver annotation as well. If they can prove they are firmly settled
    > in Canada they could get a visa and an approved waiver for the
    > overstay much sooner than the 10 year bar.
    > The ban is in place without the officer on the border being required
    > to do any additional paperwork. The ban happened automatically when
    > the person overstayed. If the person seeks entry again with out a
    > visa and an approved waiver (or Canadian citizenship and an approved
    > waiver), they can be arrested and detained to appear before a judge
    > for removal proceedings that can carry a separate 10yr ban. The ban
    > received from the judge would make it an actual criminal offense
    > (federal felony) for the person to seek admission again.

The wife did not overstay in the USA. The wife has a very good job in
Canada and hope to settle there, so if they can prove to the US
immigration that they have no intention of staying in the US but only
for holidays and work related issues,,there is a chance that they can
get some sort of visitors visa?

Bob

    > The wife did not overstay in the USA. The wife has a very good job in
    > Canada and hope to settle there, so if they can prove to the US
    > immigration that they have no intention of staying in the US but only
    > for holidays and work related issues,,there is a chance that they can
    > get some sort of visitors visa?

Would need the waiver and visa....UCIS wouldn't really care if it's only
for holidays and for work, because of previous abuse of the VWP.

Crg14624

    > The wife did not overstay in the USA. The wife has a very good job in
    > Canada and hope to settle there, so if they can prove to the US
    > immigration that they have no intention of staying in the US but only
    > for holidays and work related issues,,there is a chance that they can
    > get some sort of visitors visa?

How does the wife pop out multiple US citizen kids, and not overstay?
Did she just make trips to have babies?

Ella69

    > How does the wife pop out multiple US citizen kids, and not overstay?
    > Did she just make trips to have babies?

she was on a work visa..I think..have to confirm that