I overstayed my US tourist visa for 8 years, and voluntarily left US 2 years ago, returning to the Philippines. If I cannot wait for the 10 years I am banned, can am I still able to apply? If not, can I apply to Canada for a visit visa? What are my options?

  • 3
    "If I cannot wait for the 10 years" If it wasn't so sad it would be hilarious. Except for only a few circumstances mentioned below, you can and will wait the whole ten years.
    – user67108
    Commented Jan 21, 2018 at 7:22

1 Answer 1


If the US says you are banned for ten years you are banned for ten years. That means a ban on visiting for any reason. Theoretically you might be able to over turn the ban in the courts, but it is exceptionally unlikely and virtually certain to be a huge waste of your money.

Canada is a separate country and you are not banned from there. However they will know about your ban from the US and that makes it extremely unlikely that you will be granted a visa.

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    +1, though it's worth mentioning that you can apply for a waiver of the 10-year ban if you're the spouse or child of a US citizen or permanent resident and can prove the ban causes an "extreme hardship" to them. You'd want to get an immigration lawyer to advise you on how to demonstrate such hardship if you believe that situation applies to you. Commented Jan 21, 2018 at 3:45
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    It's not so much the ban they would care about but your your tendency to overstay. Do you have strong proof why you would not overstay this time? An 8?year overstay only 2 years ago makes it almost certain you won't get a visa unless your circumstances have significantly changed --such as marrying lucio tanks daughter.
    – user58558
    Commented Jan 21, 2018 at 6:23
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    @ZachLipton: That's only for an immigrant waiver. For a nonimmigrant waiver, there are no specific requirements, only the officer's discretion. However, a nonimmigrant waiver would only be relevant if you are denied only due to the ban, and not due to "failure to overcome the presumption of immigrant intent" (the most common reason for denial of nonimmigrant visas), which has no waiver; and someone who has overstayed for this many years would almost certainly be denied due to immigrant intent.
    – user102008
    Commented Jan 21, 2018 at 15:40
  • @user102008 do you know whether Canada ever denies visas because they suspect the applicant intends to sneak over the land border into the United States?
    – phoog
    Commented Jan 21, 2018 at 19:44

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