overstayed?

[Lolote 0]

Hi,

I have a european passport with a B2 visa. I overstayed that visa back in 2006 for 2.5 years while waiting for us to get our permanent residence for Canada (which we got in 2009). I did not work at all during that time in the US. Since 2009, I have been going to the US at least once a week (land crossing for the day) and have gone a few times to California on vacation.

My partner and I have been together since 2005 (registered DP in 2006) and after going countless of times back to europe for me to get a new visa, we didn't have the money to keep doing it, so we decided it would be best for us to move to canada. However, the process took 2.5 years and that is why I overstayed.

Is it going to be a problem for my CR-1?

[kzielu 1,154]

Yes. 10 year ban.

[Penguin_ie 5,997]

Yes, you have an automatic 10 year ban for overstaying more than a year.

Your spouse can file a hardhsip waiver, but since you are living together in Canada that may be difficult to get.

[Lolote 0]

So how come have I been able to go to the US for the last 5 years with no problems?

Yes. 10 year ban.

Yes, you have an automatic 10 year ban for overstaying more than a year.

Your spouse can file a hardhsip waiver, but since you are living together in Canada that may be difficult to get.

[Penguin_ie 5,997]

Because you only visited, from a kiw fraud country both in terms of residency and citizenship. Basically, they never looked at you deeply.

[Lolote 0]

Is there any way they would not find out about it? Do they ask you during the interview if you have ever overstayed a visa?

Because you only visited, from a kiw fraud country both in terms of residency and citizenship. Basically, they never looked at you deeply.

[Penguin_ie 5,997]

It';s part of your bio forms you fill out, and they also do a background check that is much, much more thorough than when you cross the border from Canada. Lying would only make it worse. and lead to a perma ban, do not risk it.

[Hypnos 6,578]

You will be denied at the visa interview, and will then be able to file for a waiver. This will be difficult to obtain for reasons already stated, and isn't something you should do without a lawyer.

[Lolote 0]

I wasn't planing on lying.. was just hoping they would not catch onto it or ask me if I ever overstayed...

It';s part of your bio forms you fill out, and they also do a background check that is much, much more thorough than when you cross the border from Canada. Lying would only make it worse. and lead to a perma ban, do not risk it.

[Lolote 0]

I don't think I can file for a waiver since my spouse is in Canada with me. And yes, we are looking into lawyers right now, hoping they can do some magic....

You will be denied at the visa interview, and will then be able to file for a waiver. This will be difficult to obtain for reasons already stated, and isn't something you should do without a lawyer.

[kzielu 1,154]

I wasn't planing on lying.. was just hoping they would not catch onto it or ask me if I ever overstayed...

You have to disclose it in a forms you will be filling out.

[Lolote 0]

Oh.....

You have to disclose it in a forms you will be filling out.

[Lolote 0]

Any advice? Is it even worth trying if the I-601 will be denied because my partner lives in Canada with me.... .?

[kzielu 1,154]

Any advice? Is it even worth trying if the I-601 will be denied because my partner lives in Canada with me.... .?

Can try but hire a good lawyer which should be able tell you your chances and help put together a package that stands chance being approved.

[NigeriaorBust 4,087]

Make sure you check the lawyer out. Many will say no problem just hand me X money , knowing and not caring about the outcome. The site immigrate2us.net is great for waivers and recommends the top lawyers for such. NEVER lie to immigration. The fact you have a 10 year ban and have been violating the ban by visiting may actually make things worse for you