Whether or not he will be able to enter depends upon whether or not he received a ban when he left the country. The ban would have been for a fixed length of time, after that point he can return.
Q&A Categories Archives: US Waiver FAQ
The US State Department is highly unlikely to regard your Confirmation of Permanent Residence as proof of your current status in Canada. Wait until you get your PR Card.
The short answer is you cannot travel to the US with an assault conviction.
You could attempt to cross the border and you may be let in, but you also may be denied entry.
In order to resolve this issue, you’ll have to complete an application called “I-92 Advance Permission to temporarily enter The United States as a Non-Immigrant.” You will have to provide documentary evidence along with the completed application. You’ll have to hand it in, in person, to a US CBP agent at a port of entry or airport. If you are approved, the “waiver” (as it’s usually known) will be issued for up to 5 years, and then you’ll have to get another one.
You need a visa to enter the US if you are planning to marry an American citizen. If you do not have one with you when you reach the border, you may be denied entry.
The answer to all those questions is ‘Yes’. You need a passport/travel document to travel to the US. And unless you are a citizen of a few select countries (Canada included) you also need a visa, or something known as a visa waiver (aka ESTA).
It is entirely possible that you have been confused with someone else. You should look into something called a Department of Homeland Security (DHS) TRIP appeal, http://www.dhs.gov/dhs-trip. However, because it is about travel, and not immigration, it is unlikely to solve your problem even if it is successful.
Unfortunately for you, it is their prerogative to deny you a visa. I would strongly recommend that you wait until you are a Canadian citizen before trying to enter the US again. Even then, the passport will not necessarily solve your admissibility issue.
You may require a “waiver of inadmissibility”.
You must provide complete assurance that you are not a risk to US society and you can do this by proving that you have been on a rehabilitation course; that 15 years have passed since the action that made you inadmissible; that your absence would cause economic hardship to immediate dependents. The severity of your criminal or immigration crimes are taken into account when reviewing your waiver application and the reasons for you wanting to enter the United States.
It takes around 6 months to a year to get a waiver. When you receive your waiver it will have an expiration date on it ? most first time waivers are issued for 1 year. After this time you will need to reapply.
You can apply for a waiver at any time, although if you have an immigration violation against you, you may have to wait between 3 and 20 years before you are eligible to apply.