I entered the US in 1997 on a student visa. My visa expired in 2002 but I did not leave the US. On my way to Canada I was stopped by the US Border Patrol in 2006. I was arrested for overstaying my visa and given a deportation hearing date. I did not attend the date as I was then in Canada. In July 2007 a deportation order was issued and I was given a 10-year ban. That 10-year ban has now expired and I wish to return to the US to visit. Do I need to apply for a waiver since 10 years have passed?


2 Answers 2


No. If the ban is over, no waiver is needed.

As a Canadian citizen wanting to visit the US, you would simply travel with your Canadian passport to a US port of entry to seek entry as a Canadian usually would. No other action or application is needed. The decision of whether to let you in as a visitor is with the immigration officer at entry, as always.

  • 5
    @RoboKaren, How did you conclude that from that web page? It says the waiver for overstayers is for those found inadmissible under INA 212(a)(9)(B). One is inadmissible under that section for only the 3 or 10 year ban period, after which you are no longer inadmissible for that reason and no longer in need of the waiver. What am I missing?
    – user38879
    Commented Mar 15, 2018 at 1:33

I want to give an update. I traveled to the US at the end of March. I crossed a the Pembina/Emerson border crossing. When I got to the window I presented my passport then the border agent asked me if I had ever had contact with the US border patrol. I said yes and gave the date and a brief explanation. Then he asked me to come inside. When I got inside I explained my situation again then they said they needed to verify my identity. The took my finger prints and after about 30 minutes they asked me where I was going, how long I was staying and when I planned to return then they let me enter the US. Overall, it was an fairly easy process.

  • 2
    Thanks for coming back to give an update, and glad it worked out! Commented May 28, 2018 at 1:22

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