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canadian who overstayed - options?

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I'm a bit over 2 years now... I know I am likely going to trigger a 10 year ban if I go back to Canada and try to re-enter... I know this question has likely been asked before but in my search I have been unable to find the information that I was looking for so best I post a few questions to some more knowledgeable members of the community here...

I'm curious if I was to travel to Mexico via land then I would bypass US Customs and likely be able to enter Mexico just fine... Then if I flew back to Canada from Mexico, then Canada would see that I am entering from Mexico and not from the US... So my question as you may have guessed, is there ANY chance when I go to enter USA that I wouldn't be flagged as an overstay?

The hope is that because I entered another country the US would not have record of me returning to Canada and not sure if they'd have record of me leaving US since I am Canadian or at least I am thinking it may not get recorded / flagged as easily. Canada would have record of me entering from Mexico not the US.

If the answer is "I'm screwed no matter what I do" then the only other option short of breaking the law and sneaking back across is to get married and obtain a green card that way.

I have a business being run/operated outside the USA that's done quite well the last while and I could financially afford to participate in an E-5 Investor Visa program. Since I am already in the US is this an option for me that I could potentially pursue?

If I was to get married, my next question would be how long does the marriage need to last so that I do not lose my status? I'd hate to get married and go through 1-2 years and find out she's NOT the one and have a divorce ruin everything...

Are there ANY other options that I could potentially consider which would save me from a 10 year bar?

Thank you in advance for your help and insight to this... Hopefully the First option is at least a "it maybe could work out" as I am considering that route at the moment... Mainly just wanting to go back to visit my folks and spend some time with my family for a while, guess I'm a bit homesick... Anyways, I'll stop writing here...

Last question... If I just decide to take the stupid 10 year bar and fly back via the states or drive back to Canada then are there ANY options that I could pursue that could lift the Ban or reduce the Ban? i.e. E-5 Investor Visa? Marriage (if a US girlfriend came to Canada and we got Married)? ANY options at all?

And now the actual last one... Am I going to get in trouble if I go back? Harassed at the border? Held against my will at all? Loss of License or Health coverage? Or does life carry on as usual in Canada if I went back just with a 10 year Bar from US?

Thanks again for your help!

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Canadians do not usually accrue overstay unless an immigration judge makes a finding of a status violation. If you go back to Canada you likely have no ban, although I doubt they would re-admit you under the same terms again, being as you didn't comply with them the last time around.

Or you can stay, marry, and adjust status if you have a legitimate relationship and marriage.

The US has no exit controls, so nothing bad will happen if you return to Canada from the US.


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Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
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15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
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Sound like you are asking for fraud or playing with US immigration system.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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~~~ Thread locked for review ~~~


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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VJ Moderation has reviewed this thread. The OP is fishing for information that treads on this tenet in the VJ Terms of Service:

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

Accordingly, this thread will remain locked, and it's not to be restarted or referred to elsewhere.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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