Has Canadian overstayed and either got an approval or denial?? Basically I (CS) am asking this on the Canadian forum because I too will eventually go to Montreal and I am very depressed imagining that I may not be able to reunite with my husband.

Every thing negative is running through my head. I stayed there a total of 10 months and had our son there but I just keep hearing a lot of negative stories and it has gotten to the point where I cant sleep.

Neither of us have criminal records or anything like that.

Thanks for your advice

It's a tough call but I haven't heard of anyone being denied outright for only being a few months beyond the time limit. Might need a waiver though. It's not worth losing sleep over (easier said than done). It depends on the Consular Official and there has been a increase in hostility towards Canucks. If your son was born in the US, that means that your pregnancy took place entirely in the US and many women will not travel when they are in the latter stages of their pregnancy. How soon after you gave birth did you leave the US?

Not a lawyer, but if you stayed ten months in the U.S., and you're applying for a visa (?) you shouldn't be under any kind of penalty. Canadians are permitted to stay for six months, so you have an overstay of around 120 days. A three-year ban doesn't kick in until an overstay of 180 days.

It might be worth a consultation with a lawyer for your own peace of mind, but to me you look like you're in good shape.

Thanks to you both.

I had my son in April and left in August. I had an episiotomy though. Thing is I never knew about a 6 month rule- I know it doesnt really matter but- I had overstayed a few years before that too and when I travelled back to the US no one told me anything different.
This time however, the POE officer told me that he could ban me for three years but instead all I have to do is file the I-130 and I was told to return back to Canada- so I never had the chance to file.

Did he give a reason for saying you could be banned for three years? Did he give you any form or any piece of paper?

The reason that he said he could ban me was I overstayed but he said that he would NOT ban me. I had to get fingerprinted (I felt like a criminal), and he gave me something to give to the Canadian Border side but that was it. I did check my passport but nothing was written in there so I am not sure.

I was totally devestated- but I am sure that would go without saying

That's what I was thinking. I've heard rumours of the implementation of a soft-ban (refusal of entry) but it has no effect of immigration. Six months overstay is when the ban starts and one-year overstay is when the ten-year ban officially kicks in.


Sounds like a refusal of entry or in official parlance you were allowed to withdraw your application for admission. Mom had two and many people with GCs have had these, no effect on anything.

Thanks IR5formussie, makes me feel A WHOLE LOT BETTER

Glad to be of service. I've been refused so I know the whole bit about feeling like a criminal. I also have a very bad habit of getting perturbed when anyone starts hassling my mother. I don't know of anyone who has been refused the first-time who doesn't feel like they've been violated. Mumsie has her immigrant visa and the folks at MTL told me at her interview, "it doesn't matter, we don't care." So there you are.

Quick question IR5, what caused them to tell her ""it doesn't matter, we don't care." or were they telling you that and why???

When we were turned back at the border, all of them were a bit unkind (sorry I meant to say azzholes) except for the guy taking fingerprints. I asked him about Mom's interview and he told me, "it has no effect on anything." I then asked him, "then what's the point?" He shrugged his shoulders and said, "it's just procedure." On the DS-230 they will ask if you have ever been refused entry, the answer is probably yes. Even if you have been allowed to "withdraw your application for admission." When Mom was at MTL, the clerk looked over the file and I asked her if I filled out DS-230 correctly and specifically asked her if Mom had been refused entry even though the border official told us differently. Her response was, "it doesn't matter, we don't care." It seems that as long as you declare it, nobody pays attention to the specifics of the incident.

Well IR5, that is great!!! I hope I get the same response/outcome.

Thanks for your replies and helpful info- truly appreciated

Pas de probleme!!!!!