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Sami777

Overstay

By Sami777 in Tourist Visas

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Meg&Andrew Community Regular

Meg&Andrew   297

Posted
Filed: AOS (apr) Country: Saudi Arabia
 Timeline
Posted
3 hours ago, caliliving said:

I doubt she got an electronic one, they didnt issue those 6 years ago except for plane crossings. again, it will raise suspicion to get in again. but if they let you in, you are fine. but why take that chance? if it is a huge issue dont leave. if you have a way to AOS dont leave. but again, i had the issue and all was well in the end bc i was never given a i94 and actually flew thru the border and was given a D/S stamp - which after 2013 they no longer give. 

The OP has already left the US, the OP is in Canada

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caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
12 hours ago, Meg&Andrew said:

The OP has already left the US, the OP is in Canada

I know lots of Canadians pre 2013 when they joined the borders that lived in America for years and went back to Canada and then came back to the states. Tbh I don't think she would have a problem as America had no record of her even being here. It was a grey area for years until they joined the borders and started giving Canadians b2 and i94 records. 

NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

  By not having the I94 they will know you entered before they issued them and they know when you left so they can know you were here long enough to incur and ban and violated the 6 month allowed stay.  At the border they should deny you entry for your past behavior of thinking you are above the law.

This will not be over quickly. You will not enjoy this.

az2014 Community Regular

az2014   381

Posted
Filed: Timeline
Posted (edited)
3 minutes ago, NigeriaorBust said:

 At the border they should deny you entry for your past behavior of thinking you are above the law.

Agreed, hopefully the OP is denied entry.

 

Greedy people like this mess it up for others.

Edited by az2014
caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
57 minutes ago, az2014 said:

Agreed, hopefully the OP is denied entry.

 

Greedy people like this mess it up for others.

pardon? they are not above the law. they are Canadian and Canadians were granted D/S upon entry!!! therefore, canadians were never given a 6 month visa, they were allowed to travel freely.  sorry if you cant do that from your country but not all countries are treated equally.  

caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted
1 hour ago, NigeriaorBust said:

  By not having the I94 they will know you entered before they issued them and they know when you left so they can know you were here long enough to incur and ban and violated the 6 month allowed stay.  At the border they should deny you entry for your past behavior of thinking you are above the law.

Their is no ban for canadians! sorry, reread the thread. Canadians that were not issued an i94 and therefore given a D/S visa and allowed in and out of the country as they pleased. therefore, she has NO ban and will not have a problem reentering again.  

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
49 minutes ago, caliliving said:

Their is no ban for canadians! sorry, reread the thread. Canadians that were not issued an i94 and therefore given a D/S visa and allowed in and out of the country as they pleased. therefore, she has NO ban and will not have a problem reentering again.  

No ban, agreed. As for being admitted again, that's more difficult to predict. They'll probably be fine, but if they look into it or ask questions about past travel, the OP will likely be denied entry IMO.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
2 hours ago, JTpolzin said:

Lol I know my ex wife lived In USA with me for a few years and never wanted me to adjust her status. A year after my divorce she tried to go back and got. 10 year ban so Canadians deff get banned for overstay. 

Depends if she was issued an I-94 or not. If so, she is bound by the duration dictated by it (probably 6 months). If not, they are treated as D/S and do not accrue unlawful presence automatically.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

caliliving Proficient

caliliving   606

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

It's also if the border guards decide to give her one or not. They usually just voluntary withdraw application but they can issue a 10yr ban if they think u have been in the USA too long, or been working too

 
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