Border Crossing Question

[Sweetcheeksss 91]

Just wondering - in overstay instances, how does it work? Is it in a calendar year? I mean what if, in 1999 I overstayed by two months, then came back to Canada with no border issues, then in 2000 I was successfully able to cross back into the US, had multiple trips back and forth (no border issues) then in 2009 got denied for not being able to prove solvency in Canada and haven't tried crossing since.

I guess what I'm asking is, will they go back and check every date I've crossed and calculate how long I've stayed each time, then if I've overstayed, add all that time up together? *Let me add this - I honestly don't think I've ever overstayed cept that one time*

[canadian_wife 1,808]

As someone who has been denied (then successfull re-entered afterwards) I know that once after a denial, they can do whatever they want. If they want to research previous trips to the US then they are able to do so, just answers questions honestly.

It is more difficult to enter the US after a denial and expect to be pulled into secondary next time you attempt a crossing. After I was denied, they asked me a slew of crazy questions like my trips to Israel (irrelevant to my entrance in the US) and of course my ties to Canada. SO be sure you have TOO many ties to Canada - and I mean a briefcase full!

Good luck

[kizza 1]

They can't add up the time that you have overstayed over the years to say, make it over 180 days so that you would incur a ban, if that's what you are asking.

I overstayed unknowingly (sounds weird but it's true), and later got denied entry because I couldnt show strong ties to Canada as I was entering from a different country.

I was asked about it at the interview, and was expecting to be probed about it, but it wasnt the case at all. I think the officer asked about it just to see if I would answer truthfully.

I was approved with no problem at all.

[Sweetcheeksss 91]

Yes actually - that's exactly what I was wondering, thanks Kizza.

I think I may have overstayed a few years back, but was never officially "reprimanded" on it, crossed several times after that without any incidents at the border at all (not even called into secondary) then last year (2009) when I tried to cross, I got put into secondary, was verbally told that I had overstayed in 2009 by 40 days and that my trip that day, unfortunately would not proceed. They wrote me up this document (sorry don't have it right here in front of me) and on it, the Application for entry into the US is withdrawn was checked. In the explanation, it didn't say anything about the overstay, just that I had failed to show solvency to Canada.

The guard told me that next time I tried to cross, I had to bring VERY strong proof that I had ties to Canada. Of course, since we are smack in the middle of my CR-1 process, I've never tried to cross again (and don't plan to either, until I have visa in hand)

[kizza 1]

Yes actually - that's exactly what I was wondering, thanks Kizza.

I think I may have overstayed a few years back, but was never officially "reprimanded" on it, crossed several times after that without any incidents at the border at all (not even called into secondary) then last year (2009) when I tried to cross, I got put into secondary, was verbally told that I had overstayed in 2009 by 40 days and that my trip that day, unfortunately would not proceed. They wrote me up this document (sorry don't have it right here in front of me) and on it, the Application for entry into the US is withdrawn was checked. In the explanation, it didn't say anything about the overstay, just that I had failed to show solvency to Canada.

The guard told me that next time I tried to cross, I had to bring VERY strong proof that I had ties to Canada. Of course, since we are smack in the middle of my CR-1 process, I've never tried to cross again (and don't plan to either, until I have visa in hand)

That sounds very much like what happened to me. I was given a 1-month visa a few years ago, but wasnt told, so I presumed I was getting the usual 6 months, and stayed 5. I re-entered the states with no problem a couple of times and in 2009, when I was pulled into secondary because they wanted me to show ties to Canada, and that's when we all found out I had overstayed the year before. I was denied entry, probably got the same stamp you did, and they did mention in the report I had overstayed. I havent gone back since.

I cant tell you how much I stressed about all this in the past year, and it was hardly brought up at the interview. The only advice I can give you is to tell the truth. I was absolutely honest when filling the forms, and all the officer did was ask me yes or no questions at the interview.