Visiting US after overstaying on tourist visa

[MAT126 1]

12 minutes ago, Lemonslice said:

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.

Thank you. Any advice is welcome. I'm so worried about this and what to do next. 

When I last entered the US it was via land, as a visitor. No stamp in my passport but likely an electronic record, as they did scan my passport. I so wish I had a student visa at that time. 

 

I am wondering if now I can get a student document [I-20] (there's no visa required for Canadians to study in America) and attempt to cross with that. I would love to go to school in the US and it would give my boyfriend and I some time to decide about marriage. 

 

It sounds like I may not be eligible to do this, as many are telling me that I received an automatic 10 year bar/ban when I recently left the US. This seems extreme to me. 

 

I did not know about the bar when I made what now seems like a reckless decision to overstay. Turns out ignorance isn't bliss after all. 

[MAT126 1]

3 minutes ago, Coco8 said:

 

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. 

 

Hi. Thank you for your reply. I am truly appreciative of your advice and candor. Everyone here has been helpful to me. I am told that in Canada, it goes a little differently and there is no official F-1. I will definitely check on this. My grades are quite good and I believe that I could be admitted to school in the fall of 2017 at a local college near my boyfriend's house. My parents would be willing to financially help me so as far as proving funds, that would work okay. Ties to Canada may also be okay, as most of my family is here. 

 

My boyfriend [who is actually a dual citizen of Canada] has shared custody of his two children and is a wonderful dad. I wouldn't ask him to leave. If not for them, I 100% believe he would move here to be with me. I love Canada and so does he. 

 

I am still weighing options. As many of you know, long distance is no easy feat. 

[Coco8 1,042]

6 minutes ago, MAT126 said:

Hi. Thank you for your reply. I am truly appreciative of your advice and candor. Everyone here has been helpful to me. I am told that in Canada, it goes a little differently and there is no official F-1. I will definitely check on this. My grades are quite good and I believe that I could be admitted to school in the fall of 2017 at a local college near my boyfriend's house. My parents would be willing to financially help me so as far as proving funds, that would work okay. Ties to Canada may also be okay, as most of my family is here. 

 

My boyfriend [who is actually a dual citizen of Canada] has shared custody of his two children and is a wonderful dad. I wouldn't ask him to leave. If not for them, I 100% believe he would move here to be with me. I love Canada and so does he. 

 

I am still weighing options. As many of you know, long distance is no easy feat. 

To be admitted to College you need to take the SATs. In general, they do not make exceptions and applications deadlines have passed. I think it is extremely unlikely you will get into college for Fall 2017 (I work at an university). 

 

You could enroll in college/university where you are right now for Fall 2017. Studying is always good and it will also keep you occupied. Plus, it is an additional "tie to Canada" (if you get the waiver). Having family in Canada is not enough of a "tie to Canada" because you already overstayed 2 years. Studying, having a job, or having some reason to go back to is a stronger reason.

 

 

Edited June 14, 2017 by Coco8

[Coco8 1,042]

By the way, have you checked if you were given an i-94 when you got in? Do Canadians get those?

 

https://i94.cbp.dhs.gov/I94/

 

 

Edited June 14, 2017 by Coco8

[NYCruiser 423]

3 hours ago, MAT126 said:

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. 

Would it be possible to explain it this way on the waiver? We were all young and 'dumb' (I was). The USCIS people are human too..I think

[MAT126 1]

1 hour ago, NYCruiser said:

Would it be possible to explain it this way on the waiver? We were all young and 'dumb' (I was). The USCIS people are human too..I think

I will certainly try. And yes, I'm sure the USCIS people are human, it just too bad they aren't Canadians  

[Boiler 45,941]

F1 is a non immigrant visa.

[MAT126 1]

3 hours ago, Boiler said:

F1 is a non immigrant visa.

Canadians do not need an  F-1 visa to study in America. They only need paperwork and an I-20 document. 

[MAT126 1]

17 hours ago, Coco8 said:

By the way, have you checked if you were given an i-94 when you got in? Do Canadians get those?

 

https://i94.cbp.dhs.gov/I94/

 

 

Canadians previously did not. I did check and I do see that I received an electronic i-94 the last time I entered. Oddly, the expiratory date listed on the i-94 is a mere 10 days from that entry point. I didn't see this until now. 

[Coco8 1,042]

10 minutes ago, MAT126 said:

Canadians previously did not. I did check and I do see that I received an electronic i-94 the last time I entered. Oddly, the expiratory date listed on the i-94 is a mere 10 days from that entry point. I didn't see this until now. 

Ok. Then your overstay/unlawful stay is counted from that 11th day until the day you left. 

 

 

[Mollie09 1,543]

18 minutes ago, MAT126 said:

Canadians do not need an  F-1 visa to study in America. They only need paperwork and an I-20 document. 

Canadians do not need a visa stamp to study in the US, they are issued a visa at the border with the I-20.

You won't, because you have a ban.

[geowrian 22,338]

19 minutes ago, MAT126 said:

Canadians do not need an  F-1 visa to study in America. They only need paperwork and an I-20 document. 

We understand the documentary aspect with regard to Canadians. An F-1 visa prior to entry is not needed, but F-1 status still is. The ban makes you ineligible for this until the ban is waived or the ban period passes.

 

16 minutes ago, MAT126 said:

Canadians previously did not. I did check and I do see that I received an electronic i-94 the last time I entered. Oddly, the expiratory date listed on the i-94 is a mere 10 days from that entry point. I didn't see this until now. 

Canadians only using a passport do get an I-94 most of the time now, but I don't know if it's "always" yet. But you did, and over 1 year has passed since your I-94's expiration, so the 10 year ban is automatic. Even if the I-94's expiration was somehow wrong, it has a maximum duration of 6 months for your entry type. The 10 year ban on admittance to the US is in place  I'm sorry, but you that's the situation you are in now.

Edited June 15, 2017 by geowrian

[Teddy B 17,252]

On 6/13/2017 at 3:43 PM, MAT126 said:

I am a Canadian citizen and I have traveled to the US from Canada on and off for the past 7 years. I finished school a few years ago and went to the US to spend time with friends and celebrate graduating. I got into a relationship in the states and ended up overstaying. My passport was also stolen during my stay which was another reason I overstayed. I just recently came back to Canada somewhat emergently when a relative passed away. I had no problems re-entering Canada. My issue is that I love my boyfriend and want to immediately return to him. I never had an official "visa," as I entered as a visitor. My total time in the US since last being in Canada was 2-2.5 years. My question is, am I automatically banned from re entering the US? Is there a way to check? Is there a chance that I will be permitted to enter the US without any issues? I do know that ultimately I will need a fiancé or student visa to legally stay in the US longer than 6 months. I am just wanting to get back to my boyfriend after traveling back to Canada for my relatives funeral. I am unsure if I should book a plane ticket or attempt to cross via land. Please help!

If you never received an I-94 upon your entry to the US with a mandatory exit date, then as a Canadian citizen you are considered to be in Duration Of Status (DOS). If you are DOS you will not accrue unlawful presence that counts toward any bars, whether it be the 3 or 10 year bar. Please read the information on the following link paying close attention to pages 5 & 25 to see if this applies to you. https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF

 

Even though you may not have accrued unlawful presence towards a bar, the CBP officers will know that you overstayed for a good period of time and will more than likely enforce their own unofficial bar and refuse you entry for roughly the amount of time you overstayed or longer. But the good news is without any bar, you will not need to file for any waivers if you choose to file for a fiance or marriage visa in the near future.

[Boiler 45,941]

The process for Canadians for some entry types is different, but quibbling with details. Some types can be applied for at the PoE rather than Consulate.

[Teddy B 17,252]

3 hours ago, MAT126 said:

Canadians previously did not. I did check and I do see that I received an electronic i-94 the last time I entered. Oddly, the expiratory date listed on the i-94 is a mere 10 days from that entry point. I didn't see this until now. 

Sorry, I missed this post earlier. Please disregard my previous post regarding DOS.

 

You were given only a 10 day stay? You must have been spending a lot of time in the US prior to that entry.

 

Maybe your boyfriend can move to Canada?

Edited June 15, 2017 by Teddy B