Is My Friend Banned?

[VeniVidiVici 1]

Hi there! Long story short - I am asking this question for a friend, but I've completed the Canada-US visa journey myself via a CR1 many years ago. With my experience, I was trying to help a friend with her recent predicament. I am sort of up in the air on this one, so I thought I'd come here and get a consensus. 

 

Essentially, my friend is concerned that she could possibly be banned, or will be banned from entering the U.S if she tries to enter to visit her boyfriend. Here's the background info as best as I know it:

 My friend overstayed in the U.S during a recent trip to see her boyfriend. (She was there for 10 straight months.) After this 10 month stay, she left the U.S and came back to Canada for 3 weeks. She then went back to the U.S intending to stay for another 6 months. Customs mentioned the overstay at the border but let her in.

 

Towards the end of this 6 month visit, her and her boyfriend drove to the border, attempting to come to Canada. Canada would not let her boyfriend in (long story.) While there, and while also talking with US Customs, the officers said she overstayed last time and shouldn't have been let in. However, with her boyfriend not being allowed entry to Canada, she then asked Customs if she could instead remain in the U.S with her boyfriend to finish out the 6 months she was granted for this visit. They allowed her to do so. 

My friend did not sign any documents indicating she had received a ban and was not informed verbally that she was or would be receiving a ban for the overstay. 

 

The sum of these events sounds to me like US Customs should have banned her after the 10 month overstay, but did not, likely in error. During the next visit, it sounds like US Customs noticed that error, but that now it is too late to take action. Essentially, it sounds like they forgave the overstay. My friend shares the same thought logic.

She would like to know if anyone else has opinions on whether she could be banned and not be aware of it, or might face a ban if she attempts to fly over to visit again. She is leaning towards trying to visit, but is somewhat nervous of being turned around at the border. 

Does anyone else think they perhaps forgave the overstay by accident? I'm not sure what to think of this one. 

Thank you for your time, thoughts, and opinions!

[gad33 47]

Firstly my experience is that it is much easier fo rthe person concerned to ask questions as there could be additional information that you do not have. For example you have not mentioned if her entries were by land or airport. Or when these stays in the US occurred.

 

I do not know why the overstay was mentioned and then she was let in. Maybe it was a warning not to overstay again?  As she has already had a warning about an overstay there is a good chance that she will not be allowed entry to the US next time. You say she stayed for 10 months and after a return of 3 weeks she went back to the US for 6  months. This does not show any ties to her home country and could be construed as an attempt to live in the US. The longer the gap between visits the better chance she has of being allowed in. But it does depend on how the officer at the time views her situation.

 

It is time for your friend and her boyfriend to work out how to live/visit either country legally.

[Boiler 45,581]

My suggestion would be to give it some time a year or so and next tome make sure it is a short trip and go with evidence of strong ties to Canada, job, property etc.

[VeniVidiVici 1]

4 hours ago, gad33 said:

Firstly my experience is that it is much easier fo rthe person concerned to ask questions as there could be additional information that you do not have. For example you have not mentioned if her entries were by land or airport. Or when these stays in the US occurred.

 

I do not know why the overstay was mentioned and then she was let in. Maybe it was a warning not to overstay again?  As she has already had a warning about an overstay there is a good chance that she will not be allowed entry to the US next time. You say she stayed for 10 months and after a return of 3 weeks she went back to the US for 6  months. This does not show any ties to her home country and could be construed as an attempt to live in the US. The longer the gap between visits the better chance she has of being allowed in. But it does depend on how the officer at the time views her situation.

 

It is time for your friend and her boyfriend to work out how to live/visit either country legally.

Hi there gad33, thank you for your reply!

 

I can totally understand the comment about how it's easier for the person concerned to post these questions themselves. I agree, but my friend is 62 years old and does not have regular computer access or knowledge of these forums (or likely how to navigate them!) That being said, I appreciate your patience with sorting through the information I gave and giving me as best of advice as you could. 

I believe she drove the time that she overstayed, and she drove again when she tried to cross later, was informed that she had overstayed previously, but was allowed to return back to her boyfriends house to finish out the 6 month term for that visit. As far as I can tell, she has been honest with the crossing guards about her intentions to either move to the US or have her boyfriend move here to Canada. I do know there are some legal issues with him moving to Canada (it does sound like they are issues that can be addressed, however. He has 2 DUIs from many years ago that he needs to fill out a "Rehabilitation Application" to receive a pardon of sorts in Canada.)

Thanks again for your reply and your wisdom!

[VeniVidiVici 1]

4 hours ago, Boiler said:

My suggestion would be to give it some time a year or so and next tome make sure it is a short trip and go with evidence of strong ties to Canada, job, property etc.

Thank you, Boiler! I agree with you on this. I think she needs to re-establish stronger ties to Canada and shorten her visits. I appreciate your response.

[NikLR 13,227]

No ban is in effect until 180+ days of overstay.  Canadians can be let in for up to 6 months or duration of stay. If she overstayed by 10 months that would net her a ban.  If she had 6 months of stay and overstayed by 4 months, that does not net her a ban. 

CBP are being extraordinarily generous.  Her BF may have a DUI etc which makes him ineligible to enter Canada. 

I do suggest she spend the next period of time out and he figures out how to get over his issues. Or bite the bullet, get married, and adjust status. 

[Ontarkie 14,236]

Unless she had a stamp in her passport that stated she had only a certain time allowed in the US. She would have been admitted with d/s. Meaning the only one that can impose a ban on her would be a Immigration judge. Being that they let her in my best guess is that is what happened. Since she was warned but still let in.

 

Now don't get me wrong, if she shows up at the border it is still totally up to the who ever she encounters and if they don't like what they see (it will be noted) or having a bad day they can totally turn her around. 

An official ban can only come from an IJ if she was allowed entry as d/s. But they can still refuse her entry. 

Edited December 17, 2019 by Ontarkie

[Boiler 45,581]

I thought the d/s thing stopped some time ago?

 

Anyway the ban is not the real issue, when she enters and they look at her past history....

[Ontarkie 14,236]

18 hours ago, Boiler said:

I thought the d/s thing stopped some time ago?

 

Anyway the ban is not the real issue, when she enters and they look at her past history....

I heard that too, but that is not what I've seen so far. 

[VeniVidiVici 1]

On 12/17/2019 at 12:59 PM, Ontarkie said:

Unless she had a stamp in her passport that stated she had only a certain time allowed in the US. She would have been admitted with d/s. Meaning the only one that can impose a ban on her would be a Immigration judge. Being that they let her in my best guess is that is what happened. Since she was warned but still let in.

 

Now don't get me wrong, if she shows up at the border it is still totally up to the who ever she encounters and if they don't like what they see (it will be noted) or having a bad day they can totally turn her around. 

An official ban can only come from an IJ if she was allowed entry as d/s. But they can still refuse her entry. 

Thank you! 

Could you please remind me what d/s means? It's been a while. I think you were here providing advice 14 years ago when I did this process myself.

Thanks again!

[Boiler 45,581]

Duration of status.

[Ontarkie 14,236]

6 hours ago, VeniVidiVici said:

Thank you! 

Could you please remind me what d/s means? It's been a while. I think you were here providing advice 14 years ago when I did this process myself.

Thanks again!

As Boiler mentioned d/s is duration of status. 

I've been here since Jan 2007, seem so long ago now.