Resolving an overstay in US
- From: dusanglier@xxxxxxxxx
- Date: Fri, 14 Mar 2008 13:04:31 -0700 (PDT)
I have an unexpected issue with an overstay in the US and a 10-year
bar to re-entry
I am a Canadian citizen and in 2006 I inadvertently overstayed in the
US after my H1 ran out. The overstay was over 6 months. Then in
early 2007 I got a TN visa, and by the fall a second company wanted to
hire me. During a detailed pre-employment interview, the company
immigration lawyer discovered my overstay and in late 2007. I
voluntarily left the US for Canada.
I found out that there is a 10-year bar to re-entry for overstays in
excess of six months.
I also discovered that in order to work again in the US I need a
waiver to temporarily lift the bar to re-entry. So I worked under the
guidance of a lawyer to prepare an I-192 application for waiver
package, and then I submitted it yesterday at the US border. This is
what happened: The offical did not accept the application. After
deliberating with supervisor(s), the official said the TN visa
granted in early 2007 had effectively lifted the 10-year bar on entry
to the US, the bar that was caused by my overstay in 2006. The
border crossing that had issued the TN visa in 2007 made a mistake.
The officer went on to say that because of the mistake, the 10-year
bar was lifted from me. The official told me that he had updated my
immigration file to indicate no overstay. He told me that I was free
to travel in the US and free to work for any US company, under the
usual visa restrictions. Finally, although I asked the official for
some sort of documentation, he did not offer anything on paper.
It seems like good news, does this make sense? am I really
employable again?
.
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