Over stayed my 180 day stay by 9 days in the USA

[John416 35]

Hello I am new here so I would like to say hello to everyone.

Here is a bit about my situation.

I was in Florida last year with my wife( she is a US Citizen I am a Canadian Citizen),

We go back and forth from Canada to the USA all the time and on my last trip I stayed a total of 189days in Florida.

Came home didn't think anything of it until my in person Nexus interview were I was denied by the USA to get a Nexus card due to the fact I overstayed my stay in the USA by 9 days, I understand the 180day rule just was having a great time in Florida didn't cross my mind I was over staying my stay.

But now what happens, Will I have a problem heading south this year?

I know the Nexus agent was not very happy about the 9 day overstay which is understandable I wasn't to happy either about it .

Nobody has told me I cant go to Florida again or will that happen when I try to cross the border?

Should I try to talk with someone at the border before I purchase a ticket or?

Thank You

Edited November 8, 2012 by John416

[canadian_wife 1,827]

Since you overstayed and were denied Nexus because of the overstay, you might want to call before you go. Keep in mind, what is said on the phone may change if/when decide to attempt another crossing.

Good luck

[TBoneTX 45,966]

*** Thread moved from Waivers forum to Canada regional forum -- not a waiver issue; OP is apparently not in any immigration process; Nexus program is unique to Canada, so Canada forum seems more appropriate location than Off Topic. ***

[Rob & Monika 87]

Keep an eye on the news over the next year. The VISIT-USA Act which has not yet passed, would create a Canadian “retiree visa” that gives Canadians 50 years of age or older the ability to enter the U.S. and reside here for up to 240 days per year and is renewable every 3 years. While it doesn't help your situation now, it could give you more leeway with your time in the future.

[warlord 73]

Yes you'll need to talk with someone over this as once you are denied, you are put in the system and flagged. Now when you attempt to visit, you'll have to really show proof that you will not be overstaying (after you get the original denial cleared up). Not show how easily it will be to prove that you are absolutely going to return to Canada in 180 days or less. Even having a round trip ticket won't be enough as those can always be changed for a $100 change fee (or whatever depending on airline). Short trips of 2 weeks or less that would probably be sufficient. In your case, you'll probably be needing a lot more evidence that you will be planning on returning before that 180 window closes.

You still need to talk with someone and try and get it cleared up though before attempting to enter the US again or you will probably face some problems at the border next time...

[Flames9_RN 358]

Keep an eye on the news over the next year. The VISIT-USA Act which has not yet passed, would create a Canadian “retiree visa” that gives Canadians 50 years of age or older the ability to enter the U.S. and reside here for up to 240 days per year and is renewable every 3 years. While it doesn't help your situation now, it could give you more leeway with your time in the future.

Is that just a USA thing?? As once one has stayed over 180 days--one can loose thier Cdn Health care benefits

[Rob & Monika 87]

Is that just a USA thing?? As once one has stayed over 180 days--one can loose thier Cdn Health care benefits

It's a US thing, but they still have to hash out all of it, it effects where you pay taxes as well. I'm sure they will have to coordinate with the Canadian Gov't on it before they can approve it and expect it to get used.