Friend over stayed F1 visa now is engaged to a USC

[Dylan'sWife 2]

Hi all, below is a link to a question my friend post to immigration attorneys.

The basic details are my friend is a Canadian Citizen- she entered the US on a student visa. She did not leave the US till 9 months after it expired. She did not send her I-194 in when she left. She entered the US again several times after and stayed for many more months (she was essentially living in the US illegally). She went back to Canada this past Christmas and her fiance came to visit. They went to re-enter the US at the Peace Bridge and told immigration they were going to Fla for New Years (which was true) and that she was going to travel back to NYC with him (which was true) and then fly out back to Toronto (not true). The agent asked for the ticket which she didn't have- then sent her to secondary screening.

After much questioning, they denied her entry and one of the CBP said they suspected she might be living in the US illegally. They told her not to attempt re-entry for another 6 months.

She told me after that the CBP agent that escorted her and her fiance back to to the car and who processed her paperwork- but wasn't the officer who denied her was pretty decent. She said when she asked him if she *really* had to wait 6 months to come back. He told her that they say 6 months just because they like to see a big span of time between re-entries/ visits but he wouldn't suggest she tried again for at least 4 months- and of course her success would be at the will of that CBP agent.

She and her boyfriend/fiance would not like to get married-but the concern is about the overstay. The link I posted- one lawyer seemed to suggest that at F1 overstay does not result in a 3/10 ban. I have never heard of this, I have only heard of minors being exempt.

I have done some reading and it from what I have found is that the US government is actually only aware of 20% of overstays on Visa's because they commonly do not reconcile I-194 or any other departure records' nor is Canada on the US SCAN.

What should she do about her I-194?

If she denies the overstay what do you think is the likelihood of the government knowing?

If she admits to it will she face a ban?

This is the link below.

http://www.avvo.com/legal-answers/i-was-in...tify-_-question

[Dylan'sWife 2]

* correction...

Her and her fiance would NOW like to get married but the concern is about the overstay....

(I accidentally wrote they would NOT)

[Bobby+Umit 161]

Sounds like she is misrepresenting herself (Toronto return) and now wants to deny the "overstay" (if there was any - depends what was on her F-1 I-94 (D/S or date))

Not good - I would recommend for her to tell the truth - because it can come back hard if they catch you.

F-1's are most likely to have D/S on them, so that means only an immigration judge can determine if she overstayed.

Since she is a Canadian, they are treated a bit differently - so her trips to the US after she left are within the visit guidelines. (however, multiple trips within a certain time frame probably is what triggered the stop on the bridge, using the multiple visits as a de facto green card is frowned upon)

However, I do not think the F-1 issue cause a problem in the visa application. (lying about it will)

[Dylan'sWife 2]

Thank you for your response.

Since only an immigration judge can determine if she overstayed how should this be addressed in the application if it asks if she has every violated the terms of a US visa?

She obviously would not like to lie because as you said, it can catch up with her and make matters worse.

[Bobby+Umit 161]

Thank you for your response.

Since only an immigration judge can determine if she overstayed how should this be addressed in the application if it asks if she has every violated the terms of a US visa?

She obviously would not like to lie because as you said, it can catch up with her and make matters worse.

I would imagine since she wasn't before an IJ, there is nothing to show any violations.

She may want to talk to an immigration lawyer about sending back the I-94 for the F-1, her status as a F-1 complicates matters a bit. (or make them easier because of the D/S)

[canadian_wife 1,831]

Certainly, it is lawyer time. She'll want to do everything by the book now in order not to futher complicate her case.

Good luck