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kgill

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By kgill in Student & Exchange Visitor Visas

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kgill Enthusiast

kgill   2

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Filed: Other Country: India
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Canadian citizen and stayed in USA 2019 till 2022 over stayed but was minor that time when turn 18 went back to Canada and came back to USA as visitor cuz collage in USA said i m visa exempt cuz I’m a Canadian citizen and after collage start they told me I need a stamp I have to go back and come back I went to USA side on bridge custom border patrol officer and asked I need stamp on i20 he asked I over stayed in 2019 I try to explain he didn’t listen to me and said I have to go cross the border and come back to get stamp  but at the end he said good luck coming back in USA I don’t know what to do can anyone help me . I didn’t do anything on purpose I didn’t know that I can’t stay in USA that long cuz school gave me admission I told them I’m Canadian 

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SteveInBostonI130 Experienced

SteveInBostonI130   3,411

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Filed: IR-1/CR-1 Visa Country: Ukraine
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Posted

I assume you did not disclose to the school that you have a visa overstay on your record?  School gave you admission based on your CA citizenship.  They would have no knowledge or control over your visa issues.

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Canerican Rising Star

Canerican   242

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Filed: Citizen (apr) Country: Canada
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1 hour ago, kgill said:

Canadian citizen and stayed in USA 2019 till 2022 over stayed but was minor that time when turn 18 went back to Canada and came back to USA as visitor cuz collage in USA said i m visa exempt cuz I’m a Canadian citizen and after collage start they told me I need a stamp I have to go back and come back I went to USA side on bridge custom border patrol officer and asked I need stamp on i20 he asked I over stayed in 2019 I try to explain he didn’t listen to me and said I have to go cross the border and come back to get stamp  but at the end he said good luck coming back in USA I don’t know what to do can anyone help me . I didn’t do anything on purpose I didn’t know that I can’t stay in USA that long cuz school gave me admission I told them I’m Canadian 

I am pretty sure that this has to do with your overstay from 2019 to 2022. I know that you were a minor so I am going to let others chime in. 
 

Future advice, do not overstay. You may have a ban now due to the overstay. Again, will allow others to chime in.

 

As stated above, unless you told the college that you overstayed they are not aware. There is nothing the college or your explanation will do to convince CBP that you do not have immigrant intent. 

 

 

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Boiler Grand Master

Boiler   45,390

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Filed: K-1 Visa Country: Wales
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Posted

Go to school in Canada

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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jan22 Experienced

jan22   3,043

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Filed: Timeline
Posted

If his overstay was all before (or within 6 months) of his turning 18, it should have no significant effect on his interactions with border officials.

 

OP:  While the school was right in saying you were visa exempt as a Canadian, that just meant you didn't need a visa in your passport.  That doesn't mean you can just enter the US as a visitor and do whatever you want -- go to school, work, etc.  You need to be granted the appropriate status at the Port of Entry (POE)for whatever activity you plan to engage in -- in your case, you should have obtained the I-20 from the school and sought entry as a student.  So, from the USCIS/CBP viewpoint, your were not in lawful status as a student. 

 

Did you tell the officer when you re-entered the US that you were planning on going to school?  

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Family Mentor

Family   3,988

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2 minutes ago, jan22 said:

If his overstay was all before (or within 6 months) of his turning 18, it should have no significant effect on his interactions with border officials.

 

OP:  While the school was right in saying you were visa exempt as a Canadian, that just meant you didn't need a visa in your passport.  That doesn't mean you can just enter the US as a visitor and do whatever you want -- go to school, work, etc.  You need to be granted the appropriate status at the Port of Entry (POE)for whatever activity you plan to engage in -- in your case, you should have obtained the I-20 from the school and sought entry as a student.  So, from the USCIS/CBP viewpoint, your were not in lawful status as a student. 

 

Did you tell the officer when you re-entered the US that you were planning on going to school

Seems there was a bit of tactical maneuver by CBP. 
OP was on the US side and said Look Officer, I am attending college and they sent me here w I-20 for stamp. 
 

CBP , ah you need to ask for that from Canadian side, please walk over. OP crosses and politely faces Officer again.
 

CBP , hmm you entered in 2019 and overstayed ..possibly attending US High School since age was 16 to 18 and you just told me you are already enrolled and attending college…..Good Luck …

 

Hopefully he does a CBP FOIA to see what they did….but I would guess it’s fraud/misrep

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Boiler Grand Master

Boiler   45,390

Posted
Filed: K-1 Visa Country: Wales
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You have to be in status to change status

 

There is the D3 waiver but that is for entering and seems a long shot

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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