Expert: Roberto Gomes - 12/19/2009

Question
QUESTION: Hello,

I have a friend who has tickets to France from Canada however there will be a 2 hour layover in Chicago. Her boyfriend, whom she will be traveling with, is banned from the US because 3 years ago his wife (who is american) would not sponsor his return into the country after he visited family in Canada. Consequently, he was banned for 5 years from the US because she didnt sponsor him and technically he overstayed his visa there while he was married and living with her in the States.
My question is: Can he still enter the Chicago airport and stay for the 2 hours in the airport while he is on rout to France? Or will the ban restrict him? And how will it restrict him? And is there anything he can do because the tickets are already bought?
(both my friend and her boyfriend are Canadian citizens)

Thanks so much,

Melissa

ANSWER: Dear Melissa,

I'll need to know your friend's nationality to answer this.

Rgds,
R. Gomes

---------- FOLLOW-UP ----------

QUESTION: Both are Canadian and Canadian Citizens.

Answer
Dear Melissa,

If he was banned, he can not enter the US again, since the INS has his record.
What will happen is that he'll be returned to Canada. Even in transit over the US they'll need to clear Immigrations.
I'll suggest that they change their flight plans.

Best Regards and Happy Holidays!
R. Gomes