A few questions:

(1) Am I able to cross the border into the US now with my Canadian Passport?

(2) If I cannot cross the border, what is the process that I need to follow to obtain eligibility to cross the border?

REPLY: I cannot offer you case-specific advice without learning more about your case, but have provided some information that you might find useful.

Anyone who is admitted to the U.S. as a student for the duration of status (“D/S”) does not begin to accumulate any unlawful presence in the U.S. until either USCIS or an Immigration Judge formally revokes his/her status.  In many cases, this does not happen and the individual does not accumulate “unlawful presence” under the Immigration and Nationality Act (“INA”) even though he/she remains in the U.S. after leaving school.  If, however, USCIS or a judge has terminated the student status, the individual will begin to accumulate unlawful presence beginning on the date of termination.  A period of unlawful presence that lasts between 6 months and 1 year creates a 3-year bar to re-entry.  A period of unlawful presence that lasts for more than 1 year creates a 10-year bar.  Thus, it will be critical in your case to determine when/if your F1 status was terminated/revoked by USCIS or an Immigration Judge.

REPLY: It sounds as though you have been refused admission under the Visa Waiver Program based upon your intent to work in the U.S. (the VWP is only meant to apply to visitors).  The result of being refused admission under the VWP is that you are no longer eligible to use the program.  This means that you need to obtain a visa through the U.S. Consulate to travel to the U.S., even if it is only in-transit.  The C visa is specifically for the purpose of foreign nationals traveling through the U.S. in-transit.  The other option is to try to find a direct flight to Canada.

http://www.timesunion.com/default/article/Suddenly-unwelcome-2294322.php

REPLY:  Thank you for your question.  I cannot provide case-specific information without first learning the details of your case.  However, I have provided some information below that should be helpful.

Any material misrepresentation that is made in connection with an application for an immigration benefit renders the individual inadmissible for life; it does not matter how long ago the misrepresentation was made.  See INA 212(a)(6)(C)(i).  The act of misrepresentation must have been both willful and material.  The first step is to always review the alleged fraud/misrepresentation to determine whether it was willful and material for immigration purposes.

There is an immigrant waiver available to overcome inadmissibility based upon fraud/misrepresentation under INA § 212(i).  This waiver requires that the applicant demonstrate that his/her refusal of admission would result in extreme hardship to the U.S. citizen or lawfully resident spouse or parent of the applicant.  Unfortunately, there is not an immigrant waiver available to individuals who do not have a U.S. citizen or permanent resident spouse or parent.

You should also be aware that many criminal convictions are also grounds of inadmissibility.  There are immigrant waivers available for most criminal convictions, which can be found at INA 212(h).

If you would like to submit additional information about your case and receive a complete professional analysis, please consider contacting my office to set up a consultation. 

Read more about withdrawal of application for admission

Download report.  

This report is the first-ever in-depth examination of the Border Patrol’s transportation raids in upstate New York. It analyzes data, obtained through Freedom of Information Act (FOIA) requests, from the Border Patrol’s Rochester Station and Buffalo sector to shed light on the practice and impact of transportation raids. The data paints a disturbing picture of an agency resorting to mission creep in order to increase arrest rates, without regard for the costs and consequences of its practices, including to its own mission to protect the border.

http://www.dhs.gov/xlibrary/assets/brief_documentary_history_of_dhs_2001_2008.pdf

As a 14 year old I did not know anything about my visa, or about my immigration status at all for that matter. I assumed my parents knew what was going on. My father never informed me about my immigration status expiring. We were not in touch when he moved away. I only began to learn about my status when I started looking into student loans for college. 

I'm not sure I have a ban placed on me because I have not tried to pass the border. I assume I do. Being a minor uninformed of his immigration status, is it still very likely that I am barred?  If so what options do I have as to getting a waiver or getting the bar removed? 

REPLY: There is an exception to the accumulation of unlawful presence for minors.  You do not begin to accumulate unlawful presence in the U.S. until your 18^th birthday.  Therefore, the length of time that you were unlawfully present is calculated from the date of your 18^th birthday through the date of your departure from the U.S.