Overstay and DS-230

[HelterSkelter24 0]

I dont know if this is the right form to post it in, but as Canadians, I know that we don't need a visa when traveling to the states. When I went to the states last, I overstayed for about a week, as soon as I realized my mistake I bought a ticket and returned home. I also realized the boarder officer didnt stamp my passport on the way in, so I dont really have proof that I entered at that date. Im worried about the overstay though, especially with some of the questions on the DS-230 and DS-156.

On the DS-230 question 40-h: "...who was previously unlawfully present in the United States for more than 180 days but less than one year who voluntarily departed within the last 3 years..." Does it mean that you stayed 180 days over the 180 days allowed? If I only overstayed by 7 or so days would i still need to checks the "yes" box?

On the DS-156 form I will need to check the yes to " have you ever been unlawfully present in the states" and i plan to attach an explanation of my mistake, will this impact the decision on whether the K1 gets approved or not?

Im probably over thinking it, but any advice will help,

Thanks for your time,

M.

[ShirahBet 42]

I won't say yes or no either way, but I have crossed the Canadian border several times and they don't stamp because they swipe. The information about your date of entry is contained in the chip inside your passport. So there is a good chance that they are aware of the overstay.

I don't know if it will be of significance, unfortunately, you will only know that once you go through the visa interview.

[NikLR 13,227]

Most Canadians do not have a chip in their passport. That is something that we are just implementing.

[Ms Hogan 295]

Our passports are swiped, even though they don't have a chip. We have a bar code in it. Sometimes they say the U.S. and Canadian borders don't share information, other times they say that they DO share. The U.S. side doesn't necessarily know when you leave, but Canada knows when you got back. So... if they are indeed sharing information then they'd know.

I would NOT lie on anything you are signing. But that is me.

[Krikit 1,164]

If you had simply applied for an extension of stay you would not have anything to worry about. But that's done and gone.

You check the "No" box on the first question. The "180 days" is in reference to staying 180 days past the date you should have left.

Being honest is always best, so you are doing the right thing wrt your response to the 2nd question. It should not affect your approval as you are not subject to the 9b bar.

[His karma 20]

Were you given any restrictions, bans or time limits by the boarderguard when you returned? If not, then it won't affect your processing. It always pays to be honest and the fact that you left of your own accord and werent deported is a positive.

Edited March 13, 2013 by His karma

[HelterSkelter24 0]

Thanks for the help everyone, much appreciated =)

[Flames9_RN 358]

Were you given any restrictions, bans or time limits by the boarderguard when you returned? If not, then it won't affect your processing. It always pays to be honest and the fact that you left of your own accord and werent deported is a positive.

When you return from the USA--the Canada Customs official is not going to say anything if you overstayed in the USA

[EmilyS 11]

Canadians are allowed up to 6 months per visit, so each time you enter and they stamp your passport, your 6 months starts from that day, correct?? it's not 180 days per calendar year but per visit, of course one can be denied entry if the CBP officer feels like your spending too much time in the states, but if they let you in, then your good, or at least I've been told.

I called USCIS before and asked about this, and I was told your 6 months starts each time you enter and get a stamp in your passport, but I'm still unsure.

Edited March 16, 2013 by EmilyS

[Flames9_RN 358]

Canadians are allowed up to 6 months per visit, so each time you enter and they stamp your passport, your 6 months starts from that day, correct?? it's not 180 days per calendar year but per visit, of course one can be denied entry if the CBP officer feels like your spending too much time in the states, but if they let you in, then your good, or at least I've been told.

I called USCIS before and asked about this, and I was told your 6 months starts each time you enter and get a stamp in your passport, but I'm still unsure.

Yes once you come back..the clock starts back at zero...but if they think your spending more time in the USA than Canada...then they can deny one entry. And they don't have to give you 6 months--they can put a limit on ur stay as well.

[hikergirl 277]

However to maintain provincial health care you are required to be resident for 183 days per calendar years in most provinces.

[EmilyS 11]

Yes once you come back..the clock starts back at zero...but if they think your spending more time in the USA than Canada...then they can deny one entry. And they don't have to give you 6 months--they can put a limit on ur stay as well.

Great, that's what I thought. Here is an example, please let me know what you think, one can enter in Jan and stay for 4 months, leave for a week or two and then enter and stay for another 3 months, and that doesn't count as an overstay, correct? because each time they left before their allowable time and each time the CBP officer let them in with no problem.

However to maintain provincial health care you are required to be resident for 183 days per calendar years in most provinces.

Yes, this I know, I found out about it recently

[Krikit 1,164]

Great, that's what I thought. Here is an example, please let me know what you think, one can enter in Jan and stay for 4 months, leave for a week or two and then enter and stay for another 3 months, and that doesn't count as an overstay, correct? because each time they left before their allowable time and each time the CBP officer let them in with no problem.

Yes, that is correct. But it doesn't mean they won't deem that behaviour as suspicious:

"The burden of proof that the Canadian citizen is not an intended immigrant (plans to make the U.S. their primary residence) is always on the applicant. There is no set period of time Canadians must wait to reenter the U.S. after the end of their stay, but if it appears to the CBP Officer that the person applying for entry is spending more time over-all in the U.S. than in Canada, it will be up to the traveler to prove to the officer that they are not de-facto U.S. residents. One of the ways to do this is demonstrate significant ties to their home country, including proof of employment, residency, etc. (See list attached.)"

https://help.cbp.gov/app/answers/detail/a_id/619/kw/canadian/sno/1

[FlipgalRN 19]

Just be honest and you should be ok.

[SF2007 48]

For healthcare, check with your province. In Quebec, you can ask for a one year exemption, be out of the country over 183 days, and still be covered. You can however only get this once every 7 years. And it's not a travel insurance so it does not cover much abroad.

Like Krikit said, it would not be unlawful to have two long successive stays but it is clearly an attempt to work your way around the law. A custom officer could then presume you are a de facto U.S. resident. You should have a plan B in case you are denied entry. Any way, never lie to a custom officer. Ever. It would greatly impact your eligibility to obtain a visa.