Overstay

[Toronto36 0]

US consulate believed me & were sympathetic.  What they didn't understand is why CBP requested a visa in the first place in 2014.  I told the US consulate about the overstay (which I'm sure is in their system already).  They said that they couldn't provide a visa this time & that i needed to talk to CBP.  I don't know how much time i need to stay out of the US.  I've entered the US since 2014 with my documents showing strong ties to Canada & haven't had an issue until now. 

[Toronto36 0]

I'm not going to try to cross the border without authorization first.  I had already wasted an airfare - i only found out that my visa was revoked at the airport check in.  I wasn't even allowed to enter the CBP area since check in staff said i couldn't get past airport security.  

[Marzena & Stephen 544]

6 minutes ago, Toronto36 said:

I'm not going to try to cross the border without authorization first.  I had already wasted an airfare - i only found out that my visa was revoked at the airport check in.  I wasn't even allowed to enter the CBP area since check in staff said i couldn't get past airport security.  

I'm confused why you have a visa in the first place coming from Canada aswell. 🙈 this is just to visit? What if you crossed without using the visa ?

Edited January 12, 2018 by Marzena & Stephen

[Toronto36 0]

i had overstayed in 2014.  when i re-entered the US after, I was told to get a visa by CBP.  the US consulate couldn't understand it either when i first got a visa in 2014 & tried again in 2018.

Edited January 12, 2018 by Toronto36
missing words

[Ontarkie 13,916]

1 hour ago, Toronto36 said:

sorry, i tried to post it under a different thread / topic but it looks like they grouped them

I grouped them together because they are related. It helps members to keep all questions to one thread rather then bit's here and there. 

[Hypnos 6,576]

If you overstay then your nonimmigrant visa is automatically cancelled under 222(g). It's not clear whether the entry that you overstayed on was through a visa, or the visa came later. Canadians generally don't require a visa to visit the US for pleasure, and enter under the terms of a B-2 visa without actually having one.

[TNJ17 1,329]

3 hours ago, Toronto36 said:

i had overstayed in 2014.  when i re-entered the US after, I was told to get a visa by CBP.  the US consulate couldn't understand it either when i first got a visa in 2014 & tried again in 2018.

Ok so wait a second cause I think everyone is confused here and can’t understand your situation correctly. So you went to the USA without a visa and overstayed by a month, then you got a visa in 2014 but you couldn’t get in and your visa was revoked and you tried to apply for another one but was denied? Is that it?

 

If that’s it, at your denial interview they must have given you a piece of paper with your denial and a reason why. You can get in touch with the consulate and ask for a waiver for your overstay, apply for that, then apply again for a visa. Because you overstayed you will never be allowed back in without a visa anymore because you lost that privilege by overstaying and they think you are at a risk of immigrating without the proper route. I don’t think contacting the CBP is the route you need to take here because they can only admit or deny entry at each border point. You definitely need a waiver from the consulate. I’d be surprised if you weren’t able to get that. If you can’t then I think you need to consult with an immigration lawyer. 

[caliliving 606]

6 hours ago, Toronto36 said:

I'm not going to try to cross the border without authorization first.  I had already wasted an airfare - i only found out that my visa was revoked at the airport check in.  I wasn't even allowed to enter the CBP area since check in staff said i couldn't get past airport security.  

Canadians used to be issued D/S which means you were allowed in for duration of stay unless noted.

 

my guess is they think you need immigrant intent. but yeah, i dont think you should have had to apply in the first place.

again, how long ago was this? i assume a long time ago since you have a life now in canada?? 

[SusieQQQ 11,584]

8 hours ago, Toronto36 said:

Canadians don't need normally need visas to enter the US as a tourist.  CPB told me after the overstay that i needed to get a visa so i did even though US consulate couldn't understand why.  However the visa was just recently revoked with no reason given.  I talked to CBP & they said that i needed to contact the US consulate.  The US consulate denied me a 2nd visa & said that i needed to contact CBP.   They apparently don't coordinate because they are 2 different agencies.  i'm very confused. 

On the visa that was revoked - how much time had you been spending, and over what period, in the US, before it was revoked?

Edited January 13, 2018 by SusieQQQ

[Sm1smom 242]

OP, what was your status in the US when you sent in your passport for renewal which led to your overstay?

[acidrain 325]

19 hours ago, Toronto36 said:

I overstayed a month in the US because I was waiting for a renewed Canadian passport.  I didn't realize that I could've returned to Canada as long as I had a government issued id.  That was 3 1/2 years ago.  Am I banned indefinitely or is there a time period that I have to wait until I can return to the US?  Will this affect future visas (eg work, fiance visa etc).  

Usually Canadians get permission to enter for 6 months under their passport. Was this the case? The reason I ask is you said you overstayed a month because you were waiting for a passport. Usually passports don't take longer than a month maybe a month in a half outside Canada. Does this mean your last visit to the US was for 7 months?

 

It sounds like under 214 b you were either refused because they felt you don't need a B2 visa or you could not overcome immigrant intent. If you could provide further details on your overstay it might paint a clearer picture. Do you have a relationship with a USC? Have you spent a lot of time in the US in the past?

[Toronto36 0]

here's a recap of the events:

 

2014: 

had entered the US as a canadian tourist. overstayed in the US so was in the US for 7 months. i had sent in my canadian passport to ottawa in time for it to be returned to me in time so i could leave within the 6 months period.  Ottawa sent  it back to me because they said that the picture was inadmissible as there was a tiny glare on my nose.  this delayed the process so by the time i received it, i was in the 7th month period.

 

when i tried to re-enter the US,  CBP realized that i had overstayed & said that i needed a B-2 visa.  US consulate couldn't understand why CBP said i needed a B2 visa but issued one anyway.

 

During the last 3.5 years, visits to the US has been sporadic, maybe 3-4 times (with 2 week stay). i've shown canadian bank statements, housing, driver's license etc.and return ticket. 

 

2018

went to airport to check in & was told that B-2 visa was revoked.  no reason given.  was not allowed to enter CBP area & was told to contact US consulate.  US consulate does not pick up for the phone other than to help with visa application.  Email to US consulate came back with a reply to fill out forms to Homeland Security.  I emailed forms to to Homeland Security and was told that review will take several months. In the interim, i went to US Consulate for visa application and was given a pink sheet stating that i was denied under section 214(b) and told that i needed to talk to CPB. No waiver was given & I wasn't aware of one so didn't ask.

 

The waiver that people have mentioned.  is the overstay visa or the temporary waiver form I-192?  has anyone had any experience with that waiver ie has it been granted? should i hire a lawyer?  i saw that there are agencies who''ll do it for you in lieu of a lawyer.

 

Overstay penalty: how long does that go one for ?  forever?

[acidrain 325]

Thanks for clarifying. You have an official overstay of less than 180 days. 

 

It could be a case in which one consular officer felt satisfied you would not overstay again so he granted you the B2. If a person has a B2 visa, it is not a guarantee as a customs agent still has to determine your eligibility to enter the US. If the agent feels strongly you will not return to Canada they have the authority to revoke your Visa which is what sounds like happened.

 

Unfortunately it will be a very difficult case to apply for a new B2 or enter the US after you have overstayed. It might be worth consulting an experienced immigration attorney.

 

You can request what information is on your file with CPB but it takes over a year to get it.

[Toronto36 0]

thanks

 

i was hoping for better news but i guess what's done is done.  do you think it's worthwhile filing the overstay waiver?

[SusieQQQ 11,584]

3 hours ago, Toronto36 said:

 

During the last 3.5 years, visits to the US has been sporadic, maybe 3-4 times (with 2 week stay). i've shown canadian bank statements, housing, driver's license etc.and return ticket. 

 

 

So maybe 8 weeks total over 3.5 years? That definitely doesn’t seem like a reason for pulling the visa.

 Odd.