Entry into USA after completion of 10 year ban (due to overstay)

[Sree1211 0]

Hi All,

 

Looking for some guidance/advise on my case. I was and Indian Citizen in 2013 in the US on L1B and had a change of status to H1B. When my employer filed for the change, USCIS sent them a RFE, which they did not respond to. I found out much later and by the time I had already overstayed by 6 months. I continued to stay and apply for a nunc pro tunc waiver to reinstate my status. The request was approved without I-94. We left the US after 1.5 years of overstay, initiating a 10 year ban. The 10 years since we left the US will be completed soon and I am now a Canadian citizen. What are my options to enter the US? Can I just enter on my new Canadian passport without worrying about the ban as 10 years will be completed? Do I need to file for waivers?

Any help will be much appreciated. Thank You.

[Boiler 45,494]

If you have been out for 10 years and can substantiate it then you can see admission into the US.

[discoverusa 265]

Are you looking to visit or live in US?

[Sree1211 0]

Just travel for now, no plans or intentions on living yet. 

[Boiler 45,494]

Let us know how it goes.

[Jawaree 717]

Strong reason for overstating example illness with proof

Sting ties in your country, be honest, however the not now 

later intention comment would not be a good answer to

the Embassy

[Sree1211 0]

Hi all, sorry about the delayed response. 
I completed my 10 years outside the US at the end of December. I drove to the Rainbow bridge US border and while handing our passports to the officer at the checkpoint I told him I need to tell you something. I told him that I was living in the US with my wife 10 years ago and for us some circumstances we ended up overstaying our visa and this is our first time trying to re-enter after 10 years. I gave him our old (and cancelled) Indian passports as well. The officer asked us to park our car and go into the building on the second floor and wait for someone to call us. He held onto our passports and said that we would get them in the building. While waiting on the second floor after about 10 to 15 minutes I was called by an officer he just called my name and asked me to come in alone. I was carrying a big file full of supporting documentation. The officer asked me for my last I 797 form and he started working on his computer. He asked me a few questions, like what was the date I left the US, what was the date of my last entry to the US, if my child was born in the US or Canada and so on. After about 10 to 15 minutes he told me we only had a 3 year bar and not a 10 year bar which was calculated based on my H1 B visa expiry date on my last I 797. 10 years ago in the US I was working with Sheila Moorti’s firm, and the paralegal confirmed that we had a 10 year bar because we had overstayed our visa by over one year , assuming she was right, we never even tried to go back in the last 10 years so I was rather surprised and happy that we did not have a longer bar. The officer told me that there could be confusion at times based on each case. We were told that we were admissible in to the US and were free to enter the US anytime. Got our passports back and thanked the officer. He did ask me to carry my I797 for our next 1-2 times as it could take some time for all of their centralized systems to be updated with the information he uploaded. 
 

For anyone else in similar situation, I’d say be prepared with your documentation and go speak to the officers confidently and with honesty and it shall be fine. They are there to help us.