Question about overstaying

[Misty1979 0]

Was just wondering if anyone could shed some insight on this for me, since I haven't been able to find a definite answer through any research.

I'm a Canadian citizen, and my husband is American. We married last year in the US, and have already had an I-130 petition filed and approved to eventually bring me to the US to stay.

My question is this : I know there is a 6 month limit to how long a Canadian citizen can visit the US at one time, but is it considered overstaying if you have been present in the US for more than 180 days in the past year, even if the time spent were on separate occasions?

I know on the form DS-230, you have to write down all the visits you have made to the US, and the dates you stayed. It also states that if you have been "unlawfully present" in the US for more than 180 days, you may be ineligible to receive a visa.

If you've spent more than 180 days in the past calendar year in the US, are you then considered "unlawfully present?"

I think its probably about 205 days that I was present in the US for the last year, but those days were split up into 4 separate visits, each time entering legally at a POE without a visa since we are not yet required to have visas to visit the US.

We've done everything possible to make sure we are abiding with the immigration laws (hence all the visits back and forth instead of just staying and trying to adjust status here,) but are both just a little worried that the length of time spent in the US could raise a problem come the interview time.

Any feedback would be appreciated

[Misty1979 0]

Anyone?

[kitkat1 5]

Illegal presence becomes a problem when you have OVERSTAYED more than 180 days. Technically someone on a tourist visa with authorized stay of 6 months could stay for almost 12 months without a problem. Meaning if they left before they accrued 180 days of illegal presence (that's above and beyond the 6 months that was authorized) they would not need a waiver.

This might clarify for you a bit but it would also be wise to have a quick consult with an immigration attorney to make sure there isn't something different or unusual for Canadians.

Under the modified interpretation, unlawful presence with respect to a

nonimmigrant includes only periods of stay in the United States beyond the

date noted on Form I-94, Arrival/Departure Record. Unlawful presence does

not begin to run from the date of a status violation (including

unauthorized employment). Unlawful presence for a nonimmigrant may begin

to accrue before the expiration date noted on the I-94, however, in two

circumstances: (1) when an immigration judge makes a determination of a

status violation in exclusion, deportation or removal proceedings, or (2)

when the Service makes such a determination during the course of

adjudicating a benefit application

[Misty1979 0]

Thanks for the fast reply Sounds like there shouldn't be any problem judging by what you said, but I will definetely take your advice and consult an immigration attorney just to be on the safe side.

Thanks again for your help!