10 year ban

Hello,

My friend just got hit with a 10 year ban for overstaying in the US. He stayed for about 18 months and then came back to Ontario for a two week visit. He tried to reenter the US but was stopped at the airport and hit with a 10 year ban. He was also given a I-192 form.

Will this 10 year ban be waived if he gets a visa? He is a candidate for the "exceptional ability" visa and we're wondering if the 10 year ban excludes any entry whatsoever, even with a valid visa.

Also, I've heard of a quebec case where a man successfully challenged the 10 year ban and the court ruled in his favour saying that canadians cannot be banned from the US. Does anyone know the name of this case?

Thank you.

That case is mentioned on here in a post from a couple of years ago, but from the sounds of it he's going to need a lawyer anyway and the lawyer will probably be more familiar with it than anything on here. Just because there's case law on it doesn't mean another judge in another district will agree with it (although it does help obviously).

If he's banned, then he's banned and any visa application will be denied. So it's time to get a lawyer and/or apply for a waiver.

Even if the ban was overturned, he could still be denied entry, just not formally banned.

A visa application will not be approved if he has been officially banned. He will first have to apply for a waiver, and for that he'll need a lawyer. They can take a good long while too, so he might as well get comfortable in Canada.

Will this 10 year ban be waived if he gets a visa? He is a candidate for the "exceptional ability" visa and we're wondering if the 10 year ban excludes any entry whatsoever, even with a valid visa.

CBP is not necessarily obligated to grant a waiver in any applicable bar situation. That is completely at their discretion and even if an I-192 is submitted, they reserve the right to render a decision based upon the facts and merits of the case. The candidacy of "exceptional ability" would have no bearing on the matter.

Hello,

Thank you for the responses. They were very informative.

I have some follow up info and questions I hope can be addressed. My friend went back to the port of entry where he was banned and spoke to the supervisor. The supervisor told him he has two options: 1. he can apply for the waiver 2. he can attempt to enter the U.S. at another port. Naturally, this second option seems very appealing but I'm wondering how viable this is, despite what the supervisor said. Has anyone ever heard of something like this?

The supervisor went on to say that Canadians aren't really banned like other foreign nationals. By example, he said if a banned German attempted to enter the U.S. he would be stopped at the airport and turned back in Germany. Canadians, he said, are evaluated for entry each time on a case by case basis.

Any comments or information on the supervisor's advice is greatly appreciated.

Regards.

The second option is viable but potentially dangerous especially if they encounter a DHS Inspector who plays strictly by the rules. They might grant the waiver but some Inspectors can be mean and strict and might even have their own ways of interpretation.

However, keep in mind there have been other blogs on here indicating just how extreme these encounters can be. I recall one story of an L1 being hassled going through Toronto and yet when they went through Port Huron, the officers were actually apologetic that the DHS at Toronto gave them so much resistance. Stories like that happen all the time with only the names and faces changing.

That supervisor is wrong and what he said is completely false. Canadians are denied, deported, and barred all the time, they are no better off than any other nationalities immigrating to the U.S. The only exception is when entering on certain non-immigrant statuses; they do not require an actual visa as others do.

Your friend could travel to another port and may or may not obtain the waiver but simply put, some DHS Inspectors do not like port shopping behind their backs, if they know it goes on. It is a bit risky but others have done it so it really comes down to how much risk your friend is comfortable with.

Waivers cannot be applied for at POE MC, they must be applied for at a US consulate.

As for "port shopping", your friend could try it I suppose, but I'll second MC on that one at least, and say it depends on your friend's stomach for risk. He could well be denied entry and banned again, or even arrested if the CBPs so wish it.

And even if they do let him in that trip, doesn't mean they'll let him in on any subsequent trips. He will most likely be dragged into secondary every time he tries to visit the US now, or until he gets himself some sort of visa or waiver that allows easy entry.

Thanks again for the responses.

Let's say he goes to another POE and is allowed entry. What will his official status be in the US? Will he be in the US legally or illegally? Should he get pulled over for speeding, for example, would the police officer potentially arrest him?

Regards.

He won't be allowed entry, his entry record will say he's banned and he won't be let in, no idea why the supervisor would say that.

Some ports of entry will indeed process an I-192 as well as some of the Pre-Flight Inspections so it may not be necessary to do it at a consulate. I recommend reading the url, which may prove helpful:

http://www.cbp.gov/xp/cgov/travel/id_vi ... n_info.xml

If allowed in, he would be admitted as a non-immigrant and it would be quite legal. Of course he would have to obey the laws just like everyone else.