Canadian w/Overstay, been 3 yrs since, when can I go back?

I'm a Canadian who was mis-informed about how long I was allowed to visit in the USA. To make a long story short, I overstayed accidently, by 2 months. I have had little to no luck on finding out information on when I might be allowed to return. I read that there is a 3 year ban for overstays (from Canada) under 3 months. Well it's now been over that 3 year mark. So now what?

Does anyone know if there is a possibility of crossing without having to get a US Visitor's visa?

And.

For an issue such as this, do you think hiring one of those expensive USA Immigration Lawyers is worth the money? I only intend on fixing my visa so that I can vacation there in the future and visit friends.

Any info that might help me is VERY MUCH APPRECIATED!

~Thanks

You read and misunderstood incorrectly. You have to overstay 180 days or 6 months before the 3-year bar is applied. The bar would only attach when you depart the U.S. Thus you would not be subject to a bar.

Unless a US CBP actually entered into their system that you've been barred, you haven't been barred. You left of your own volition, you are free to visit the US, at CBP discretion. How will they even know you overstayed? Did you stop by a US border POE and tell them? Have you tried to enter the US since you left?

You don't even need to tell them when you go for vacation next. Just tell them you're going for vacation and for how long and that you have to be back at work on XX date.

No need for a lawyer.

How will they even know you overstayed? Did you stop by a US border POE and tell them? Have you tried to enter the US since you left?

I found out I wasn't allowed when I tried going back to the USA 6 months after returning (nothing was said when I returned) When I tried going back, I was pulled aside, fingerprinted, photogrpahed and I have a report on how I admitted to overstaying those 2 months. After all the reading I have done, I felt it best not to try and cross the border.

But it's true, they never said I was barred, just at that time (and a very long story) I needed a Fiancee visa. But that relationship is no more.

Would it be safe to assume that it might be ok now? or should I still consult a lawyer?

Case law is that Canadians cannot be banned from re-entry merely for overstaying as a B-2 visitor (they can deny you, but they can't ban you). USCIS at the POE probably won't be familiar with that, but I get the impression from posts on here they sometimes get carried away and arm twist people into accepting bans.

You'll probably get sent to secondary inspection but it's cheaper than hiring a lawyer (who cannot represent you at a POE anyway).

Its been long enough since your last attempt at a visit, there's no reason they should deny you entry now, unless you have another boyfriend in the US that you're going to go visit. You've been flagged definitely, but unless they actually gave you a piece of paper that says you've been banned for a period of time, you're good to go.

When asked the purpose of your visit, say "vacation" and then shut up and wait for the next question. Never lie, (they'll catch you in it, its their job), look them in the eye but don't stare, and answer their questions succinctly and don't elaborate. When they ask how long you'll be staying, say XX days. Then they'll start to ask you about your ties to Canada. Do you have a job, what do you do, how can you afford vacation, do you have cash money for your trip (cash in pocket is better than debit and/or credit cards in their eyes) etc etc and yadda yadda yadda.

And I see no reason whatsoever to hire a lawyer. They can't do anything for you other than take your money.

They refused you entry since you overstayed 2 months but you would not face a 3-year bar. Since you have explicitly admitted to overstaying, you would need to exercise caution with regard to future U.S. entries.

That test does not apply to Canadian citizens according to case law. But like I said, it's unlikely the guy you deal with at the border will be aware of it.