Overstay

[Boiler 43,433]

1 hour ago, Toronto36 said:

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?

Waiver not applicable but anyway only applies if you are otherwise eligible for a visa.

[Sm1smom 242]

13 hours ago, Toronto36 said:

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. 

 

 

I find it rather strange that as a Canadian you entered the US as a tourist with just six months validity left on your passport and decided to stay the entire six months with the mind of sending your passport back for renewal before returning home. I’m struggling to understand that considering it is a lot easier and cheaper to renew the passport directly from within Canada. 

[Boiler 43,433]

4 minutes ago, Sm1smom said:

I find it rather strange that as a Canadian you entered the US as a tourist with just six months validity left on your passport and decided to stay the entire six months with the mind of sending your passport back for renewal before returning home. I’m struggling to understand that considering it is a lot easier and cheaper to renew the passport directly from within Canada. 

Who renews their passport when visiting another country?

[SusieQQQ 11,584]

2 hours ago, Boiler said:

Who renews their passport when visiting another country?

Good point, most foreign renewals are people living elsewhere.

 

i also found the point made a while ago odd, that he thought he needed his passport to get back into Canada. I don’t know of any country that will refuse entry to a national just because he or she doesn’t have a passport, especially if (as most have) there is another form of national identification that can be used.

Edited January 14, 2018 by SusieQQQ

[WeGuyGal 1,052]

12 hours ago, acidrain said:

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.

What agent? 

An airline agent does not have any authority to revoke a visa. 

[Lemonslice 4,553]

8 minutes ago, SusieQQQ said:

Good point, most foreign renewals are people living elsewhere.

 

i also found the point made a while ago odd, that he thought he needed his passport to get back into Canada. I don’t know of any country that will refuse entry to a national just because he or she doesn’t have a passport, especially if (as most have) there is another form of national identification that can be used.

You won't be able to take a commercial flight without a passport, but you can cross the border by land, even if you have lost all your documents (or fly to the closest airport to the border - Buffalo, Seattle, Plattsburgh...and drive from there). Any Canadian consulate or CBSA agent will tell you so - you'll have to go inside and it will take a little while if you really have no ID, but you'll be let in.

[acidrain 325]

22 minutes ago, WeGuyGal said:

What agent? 

An airline agent does not have any authority to revoke a visa. 

A customs or border patrol agent. They look at past history and overstays to determine eligibility of entry.

[Toronto36 0]

i was unaware that i could've returned as long as i had a govt. issued ID.  i only found out after.  anyway, the passport renewal / overstay issue is a moot point. I'm trying to focus on a solution on how to ever re-enter the US again. 

[Lemonslice 4,553]

Mostly sharing the information so others do not end up in the same situation. You might have to wait a few years before they will consider issuing you a visa. 

[WeGuyGal 1,052]

18 minutes ago, Toronto36 said:

i was unaware that i could've returned as long as i had a govt. issued ID.  i only found out after.  anyway, the passport renewal / overstay issue is a moot point. I'm trying to focus on a solution on how to ever re-enter the US again. 

Considering your recent denial, any upcoming re-entry is unlikely. 

 

Wait some time. Depends also on reasons for visiting the US. Plenty of other nations available to visit, besides the US. 

[SusieQQQ 11,584]

40 minutes ago, Toronto36 said:

i was unaware that i could've returned as long as i had a govt. issued ID.  i only found out after.  anyway, the passport renewal / overstay issue is a moot point. I'm trying to focus on a solution on how to ever re-enter the US again. 

Well, only moot in that you can’t do anything about it now, it’s the root of your issue.

 

is there any other factor you haven’t shared with us yet? I’m battling to understand why a visa would be revoked for someone who is infrequently spending short amounts of time in the US. It’s something more usually done when people spend more time in than out of the US or are otherwise considered to be abusing their visa. No illegal work? No arrests? Etc?

[Toronto36 0]

yes, i meant to say that it's a moot point now.

 

no priors or illegal work. 

 

has anyone filed the overstay waiver?  

[Boiler 43,433]

14 hours ago, Boiler said:

Waiver not applicable but anyway only applies if you are otherwise eligible for a visa.

See above

[geowrian 22,335]

Overstay does not incur a bar until you hit 180+ days of unlawful presence. Unlawful presence begins from the end of your legal stay. So there should not be a bar here.

 

I have no idea why your tourist visa was revoked. It doesn't sound like you were spending too much time in the US or had reason to suspect unauthorized work, nor had criminal activity.

 

The B-2 was refused due to immigrant intent (214b). There is no appeal for immigrant intent. You are free to apply again, but it's unlikely to have a different result anytime soon. CBP can't do anything about why your visa application was refused (they don't issue visas)...they can make a decision on visa-less entry, though.

 

1 hour ago, Toronto36 said:

has anyone filed the overstay waiver?  

First, waivers are for inadmissabilities. As noted above, there is no inadmissability until you have 180+ days of unlawful presence.

Second, for a tourist visa, the CO recommends a waiver (or not) if one is available...it's not something you apply for.

Third, you were found ineligible due to 214b. There is no waiver available since you would need to otherwise be eligible for the visa.

[Toronto36 0]

Given the visa revocation, will this affect my application for a TN visa?  CBP said the revocation will require further investigation so makes TN grant a little harder.