Worried about past overstay

[ballet4life 0]

I was wondering if anyone can speak to the finer points of overstaying. I am a Canadian who overstayed once in the US last year but nothing came of it as I have entered the US twice since without problems. Now I am applying for a Spouse Visa from within the US and on the I-130 they just ask for my last entrance to the US. My concern is in the interview if they ask me if I have overstayed, what should I say?? And what are the consequences of telling the truth if any??

[zooch76 9]

Never lie in your interview. Ever. About anything.

Overstays are not as issue when filing AOS for a spouse. If that's your biggest problem, you should be fine.

[ballet4life 0]

Never lie in your interview. Ever. About anything.

Overstays are not as issue when filing AOS for a spouse. If that's your biggest problem, you should be fine.

From what I've been reading on here I am under the impression that overstays are ok only if I never left. But I came and went many times before and after my overstay. Does my past overstay make me not "admissible" to the US and therefore not eligible to apply for the AOS?

[sciencenerd 56]

From what I've been reading on here I am under the impression that overstays are ok only if I never left. But I came and went many times before and after my overstay. Does my past overstay make me not "admissible" to the US and therefore not eligible to apply for the AOS?

How long was your overstay? If you came as a Canadian visitor, you generally get 6 months. Now, after that 6 months, unlawful presence starts accumulating. So, in order to have 6 months unlawful presence, you had to have been here for at least 1 year. If you have between 6 months and 1 year unlawful presence, you do get a 3 year ban. If you have over 1 year unlawful presence you get a 10 year ban. The only ways around this, in my understanding, is to file for a waiver, which is not easy. Folks will be able to give you more useful information if you let us know the specifics of your overstay. And, of course, never ever lie to immigration. It will come back to hurt you.

How long was your overstay? If you came as a Canadian visitor, you generally get 6 months. Now, after that 6 months, unlawful presence starts accumulating. So, in order to have 6 months unlawful presence, you had to have been here for at least 1 year. If you have between 6 months and 1 year unlawful presence, you do get a 3 year ban. If you have over 1 year unlawful presence you get a 10 year ban. The only ways around this, in my understanding, is to file for a waiver, which is not easy. Folks will be able to give you more useful information if you let us know the specifics of your overstay. And, of course, never ever lie to immigration. It will come back to hurt you.

Actually, the fact that you said you overstayed "once last year" implies you have not overstayed long enough for it to be an issue (have you been in the states for 1 year without leaving? if not, then you're fine). Good luck

[zooch76 9]

As long as you entered legally after your last overstay, you should be fine. If an overstay was an issue, they wouldn't have let you in the country on your visits since the overstay.

[ballet4life 0]

As long as you entered legally after your last overstay, you should be fine. If an overstay was an issue, they wouldn't have let you in the country on your visits since the overstay.

My overstay was 6 months. I stayed in the US for an entire year from July 2009 to June 2010. I reentered the US at the end of June 2010 with no problem. So I entered legally.

Edited December 13, 2010 by ballet4life

[Brother Hesekiel 2,236]

Let's be specific. If you stayed even 1 day less than a year, you're okay. If you stayed 1 year or longer, you triggered the bar and since you would have to disclose this, would need an I-601 waiver which can be obtained from within the US.

The problem with telling the truth and background checks is that, although an overstay may have escaped their attention, they will find out once they fire up their super computer.

Edited December 13, 2010 by Just Bob

[Deputy Purple 1,294]

Everyone keeps saying 6 months (for Visa or Canadians) or 3 months for VWP and talks months in terms of overstays but USCIS thinks in days right?

6 month Visa is actually 180 days of authorized stay right? I know the VWP is 90 days not 3 months.

Also the standard for re-entry ban on overstay is 3 years if you overstay by 180 days or more right?

This would mean if you were in the US for more than 360 calender days then you should have been banned for 3 years. For example July 1st 2009 to June 25th 2010 would be just shy of incurring the 3 year ban.

Edited December 13, 2010 by Bob 4 Anna

[Boiler 45,486]

It is easy to respond for non Canadians.

It seem Canadians status is akin to d/s for Students, the regular rules do not apply.

90 days for VWP

6 months for B2

180 days and 1 year for bans.

[Casprd 167]

As long as you entered legally after your last overstay, you should be fine. If an overstay was an issue, they wouldn't have let you in the country on your visits since the overstay.

This is misleading. What the folks at CBP do as far as letting you visit the country is completely separate from USCIS's adjudication process. Bottom line is as long as it was less than 6 months total then you are ok. More than this and you will need to get a waiver.

[Harpa Timsah 13,258]

I am not sure what you are saying Boiler. Canadians are NOT d/s. As far as I understand, they enter under an agreement unique to them, that basically gives them the same rights as a B-2 visa without applying in advance for it. They get 180 days and do not waive their rights to an immigration trial like VWP countries do. They often do not get I-94s with the date on it, but the date still exists.

[coraliesolms 47]

Really, the bottom line is this... lying and getting caught (which is most likely.. they have a super search that they do) could have SERIOUS consequences, that could very well dictate the next 10 years of your life, or if you are honest, and humble and admit to making a mistake, then things most likely going to be ok.

ALWAYS be honest..

[Boiler 45,486]

I am not sure what you are saying Boiler. Canadians are NOT d/s. As far as I understand, they enter under an agreement unique to them, that basically gives them the same rights as a B-2 visa without applying in advance for it. They get 180 days and do not waive their rights to an immigration trial like VWP countries do. They often do not get I-94s with the date on it, but the date still exists.

There were a number of discussions about it, possibly on the Canadian Forum.

There have been cases where Canadians have avoided bans because of their unusual status.

[Canadiandggal 49]

There were a number of discussions about it, possibly on the Canadian Forum.

There have been cases where Canadians have avoided bans because of their unusual status.

In my experience I think it depends on the type of visit and length... I was in and out of the states every few months and at one point stayed four months but I went back to canada for 8-12 weeks every time so I think it i did over stay it was only a few weeks.

[Boiler 45,486]

I was talking about people who had been here for more than a year.