Visiting US after overstaying on tourist visa

[NYCruiser 423]

5 minutes ago, geowrian said:

Correct. You are ineligible to travel without a visa now, so you would need to seek an actual visa. This can be a tourist visa, albeit that would be quite difficult (virtually impossible)  to obtain IMHO...past overstay + US girlfriend will create a strong case for believing you will overstay again and/or for a 214b denial (immigrant intent). The best chance, as noted before, is with a  K-1 (fiance) visa, or CR-1/IR-1 (spousal) visa. It would still need the waiver, but the approval rates for only an overstay with an immigrant visa are quite good.

 

That's my suggestion anyway.

 

You don't need a passport to return to Canada as a Canadian citizen. They cannot deny him once they establish his identity and nationality (and there are ways to do so without the passport).

Would that not depend on the method of travel? By air, a Passport is required as with a Cruise Ship. Not sure about land crossings

[geowrian 22,338]

Just now, NYCruiser said:

Would that not depend on the method of travel? By air, a Passport is required as with a Cruise Ship. Not sure about land crossings

Land crossings don't require a passport for a Canadian (back in the day, just a birth certificate was enough!). But either way, there are alternatives to a passport...a passport is just one form of a travel document.

[Roel 7,193]

You overstayed such a long time, used a tourist visa for living in the USA and you're wondering if you're ok to go back? No. It won't be overlooked lol. Your only option to ever live in the US at this moment is a k1 visa. And even so, you will need a waiver to remove your ban. It's going to be loooong few months of wait. But it's your own fault. There is no excuse for overstaying that long. You're not going to play the system.

[GarryAndMarie 147]

21 hours ago, MAT126 said:

Yes. I lost my passport and didn't know what to do for a time. 

Is it worth attempting to cross, just in case it is somehow overlooked? 

You would be setting yourself up to look like an attempted repeat offender, which would most likely hurt your chances at getting a waiver approved.

[Coco8 1,042]

It is a shame you were in the US for so long. If the relationship was serious you could have just gotten married and AOS, and that would have avoided the 10 year ban you have now and all the paperwork.

 

If the relationship is serious you can do a K-1 visa as a fiance (as others have mentioned), but you have to get married when you get into the US. K-1 takes 6 months, but due to the ban you have to waive it could take a bit more.

Because K-1 is more expensive, you might want to consider the CR-1 visa for spouses; you'd have to get married in Canada first. That visa takes a year but, overall, it is considerable cheaper and it allows you to work once you get to the US.

 

Another option is for partner to visit you. He doesn't have a ban to go to Canada. 

 

Even if try to cross the border and see if they don't realize about the 10 year ban, you seem to suggest you just got back to Canada. Going back to the US so soon will be suspicious. 

Edited June 14, 2017 by Coco8

[MAT126 1]

5 hours ago, f f said:

you won't get a tourist visa to go back to live with your boyfriend. apply for k1 get denied and file for waver.

 

or buy this house it is technically in both the us and Canada so no visa is needed.

http://m.torontosun.com/2017/06/10/for-sale-cross-border-home-lets-you-live-in-canada-and-us-at-the-same-time

The house would be perfect - if only. 

[MAT126 1]

5 hours ago, NYCruiser said:

Would that not depend on the method of travel? By air, a Passport is required as with a Cruise Ship. Not sure about land crossings

I crossed into Canada easily on land, no passport (just a birth certificate) and no questions asked. 

[MAT126 1]

2 hours ago, Coco8 said:

It is a shame you were in the US for so long. If the relationship was serious you could have just gotten married and AOS, and that would have avoided the 10 year ban you have now and all the paperwork.

 

If the relationship is serious you can do a K-1 visa as a fiance (as others have mentioned), but you have to get married when you get into the US. K-1 takes 6 months, but due to the ban you have to waive it could take a bit more.

Because K-1 is more expensive, you might want to consider the CR-1 visa for spouses; you'd have to get married in Canada first. That visa takes a year but, overall, it is considerable cheaper and it allows you to work once you get to the US.

 

Another option is for partner to visit you. He doesn't have a ban to go to Canada. 

 

Even if try to cross the border and see if they don't realize about the 10 year ban, you seem to suggest you just got back to Canada. Going back to the US so soon will be suspicious. 

I regret not returning to Canada sooner. When my passport was lost/stolen it took me by surprise. Being young and in love I was also in a bit of denial about my circumstances. I made a mistake. I absolutely DID NOT know about the 10 year ban or I 100% wouldn't have risked that. 

[MAT126 1]

They allowed me to come back to Canada easily. I was also shocked. I had my birth certificate and an old, expired passport. My current passport was lost/stolen as I mentioned. 

[MAT126 1]

6 hours ago, geowrian said:

Correct. You are ineligible to travel without a visa now, so you would need to seek an actual visa. This can be a tourist visa, albeit that would be quite difficult (virtually impossible)  to obtain IMHO...past overstay + US girlfriend will create a strong case for believing you will overstay again and/or for a 214b denial (immigrant intent). The best chance, as noted before, is with a  K-1 (fiance) visa, or CR-1/IR-1 (spousal) visa. It would still need the waiver, but the approval rates for only an overstay with an immigrant visa are quite good.

 

That's my suggestion anyway.

 

You don't need a passport to return to Canada as a Canadian citizen. They cannot deny him once they establish his identity and nationality (and there are ways to do so without the passport).

Again, thank you very much. I am trying my best to think of the big picture.  I will want to study in the US, however it is that I end up returning. Do you think it's worth attempting a student visa? For Canadians to study in America, you only need an I-20 document from the school as well as to register with the student tracking system. You, of course, also have to cross the border. I am wondering if I should gather the appropriate documents and attempt to cross the border with the intention of attending school in the US. Since this is not simply a tourist visa with the purpose of visiting, might it have a better chance of being granted? Engagement/marriage is an eventual option but I would prefer for it to be more elective than it seems right now. I understand this may be my only option. 

 

If I attempt to cross the border with an I-20 and get denied, then what? Would I have to then attempt again with a fiancé or spousal vis? Could this jeopardize my chance of getting a waiver? 

 

I appreciate the advice on here very much. I suppose it would be wise to consult with an immigration lawyer just to see if there are any options I have that I am not aware of. I cannot necessarily afford to hire an immigration lawyer but a consultation may be worthwhile.

 

I miss my boyfriend like hell and our life there. I understand that we put the horse before the cart. I am so worried that I'll never be allowed to go back. 

 

 

Edited June 14, 2017 by MAT126

[Mollie09 1,543]

4 minutes ago, MAT126 said:

Again, thank you very much. I am trying my best to think of the big picture.  I will want to study in the US, however it is that I end up returning. Do you think it's worth attempting a student visa? For Canadians to study in America, you only need an I-20 document from the school as well as to register with the student tracking system. You, of course, also have to cross the border. I am wondering if I should gather the appropriate documents and attempt to cross the border with the intention of attending school in the US. Since this is not simply a tourist visa with the purpose of visiting, might it have a better chance of being granted? Engagement/marriage is an eventual option but I would prefer for it to be more elective than it seems right now. I understand this may be my only option. 

 

I appreciate the advice on here very much. I suppose it would be wise to consult with an immigration lawyer just to see if there are any options I have that I am not aware of. I cannot necessarily afford to hire an immigration lawyer but a consultation may be worthwhile.

 

I miss my boyfriend like hell and our life there. I understand that we put the horse before the cart. I am so worried that I'll never be allowed to go back. 

 

 

 

You will not be allowed into the US on any visa right now. You are banned. The only way to return in the next 10 years is to file for K1 or CR1 + waiver.

[f f 725]

the ban does not care about the purpose of the visit be it immigration, tourist, work or school you need to get a waver to bypass the ban. simply tying different visa types makes no difference. and not all visa types allow a waver for the ban. the best bet is an immigrant visa since you have shown immigrant intent by living with your friend for so long in the us.

Edited June 14, 2017 by f f

[geowrian 22,338]

8 minutes ago, MAT126 said:

Again, thank you very much. I am trying my best to think of the big picture.  I will want to study in the US, however it is that I end up returning. Do you think it's worth attempting a student visa? For Canadians to study in America, you only need an I-20 document from the school as well as to register with the student tracking system. You, of course, also have to cross the border. I am wondering if I should gather the appropriate documents and attempt to cross the border with the intention of attending school in the US. Since this is not simply a tourist visa with the purpose of visiting, might it have a better chance of being granted? Engagement/marriage is an eventual option but I would prefer for it to be more elective than it seems right now. I understand this may be my only option. 

 

I appreciate the advice on here very much. I suppose it would be wise to consult with an immigration lawyer just to see if there are any options I have that I am not aware of. I cannot necessarily afford to hire an immigration lawyer but a consultation may be worthwhile.

The 10 year ban is on any visa or entry, so you would still need to obtain a visa - including the waiver (and have sufficient ties to show you intend to return home). The ban isn't only on tourist visas or visa-less admittance. Getting a waiver for a student visa in your circumstance would be difficult IMHO.

 

Yes, please consult with an experienced US immigration attorney as well. This is generally suggested for waivers anyway.

Edited June 14, 2017 by geowrian

[Lemonslice 4,956]

Canadians overstay is sometimes calculated differently. When you last entered the US, was it with your student visa, or just as a visitor?

 

Travelling now, so no time to do research - I'll try to post links later.

Edited June 14, 2017 by Lemonslice

[Coco8 1,042]

40 minutes ago, MAT126 said:

Do you think it's worth attempting a student visa? For Canadians to study in America, you only need an I-20 document from the school as well as to register with the student tracking system. You, of course, also have to cross the border. I am wondering if I should gather the appropriate documents and attempt to cross the border with the intention of attending school in the US. Since this is not simply a tourist visa with the purpose of visiting, might it have a better chance of being granted? Engagement/marriage is an eventual option but I would prefer for it to be more elective than it seems right now. I understand this may be my only option. 

 

If I attempt to cross the border with an I-20 and get denied, then what? Would I have to then attempt again with a fiancé or spousal vis? Could this jeopardize my chance of getting a waiver? 

 

 

The i-20 is provided by the university and you take it to consulate and they process the i-20 and stamp the F-1 visa. I think you are confused on how that works. 

 

As other said, you'd still have the ban. I think the ban is easier to overcome if you apply for a K-1/CR-1 because you don't have to prove ties to Canada. For a student visa you need to show funds (which is living + tuition, which are expensive), plus you need to me admitted to a real program and deadlines have passed. If you go into a poor program, it will be hard to prove that you are not intending to just live in the US because Canada has good universities and they are much cheaper. 

 

Maybe ask your partner to go to Canada. If you were willing to do all this for him, then he should be able to meet you half way. And let's be honest, Canada is a great country and it is close. If he is not willing to do that, then I think you should continue with your life in Canada, study, and he can visit you, until you decide on something. 

 

Edited June 14, 2017 by Coco8