B2 Visa Overstayed in US need HELP!!! URGENT

[Krikit 1,163]

I take that back. I have just looked in my passport and there are two stamps in there. I must have just been thinking of the land and sea entries. I stand corrected.

[Harpa Timsah 13,258]

OP - just to beat a dead horse (getting over the shock of your first post) DO NOT LEAVE THE COUNTRY. Your overstay problem can be fixed, here in the US, with no days apart from your husband. To leave the country would NOT fix your problem and only make it much much worse. If you stay here, it is really no problem at all. If you leave, it is a big problem.

Overstay is forgiven/irrelevant for spouses of USCs who adjust in-country. Your ban is triggered upon EXIT. Do not leave.

Also, don't bother with Advance Parole (AP). You cannot use it at all, or your ban will be triggered. You will have to wait to travel anywhere until you get your GC. Once you have the GC, the days you overstayed will be "erased" and you can travel internationally normally.

Edited April 17, 2012 by Harpa Timsah

[kzielu 1,147]

I see a difficult AOS interview in your future. I suggest you start preparing for it as of this moment and gather as much evidence as possible. You will most likely be asked whether or not you entered on your B1 visa with intent to marry and why were you illegally present in the country for such a long time. Have concrete and solid answers to both questions, complete with detailed documentation ready.

It most likely will not be difficult at all. Hardly ever people are asked about their intent and in this case they have been married for a while, not got married two days ago. Why she was here illegaly is irrelevant (and she has good answer - husband) and does not matter in this at all. Stop misinforming please...

[Maria TH 20]

You have a plan to leave on April 21st, in the next 4 days?! From what I read, it sounds like you will still stick to your plan, so I think I have to be another warning voice for you.

DO NOT LEAVE UNTIL YOU GET GC.

AOS will not be difficult if you stay in the country.

[sheeshkabelle 153]

Is there anyone that could help me and give me advice what to do..I am canadian came here in the US as B2 visa stamped in my passport..I came here to meet my fiancee last June 21st, 2010 and we are so inlove that i didn't go back to canada until at this present..we got married last year july 7, 2011 and now I'm 1 yr. & 10 months overstayed here in US..I have a ticket this saturday april 21st, 2012 to fly back to canada... I just found out that because I overstayed here I will be ban for 10 yrs. for not entering US If I intend to come back someday...now I don't know what to do.. My husband is US citizen and we just recently received the application form I-130, I-485 and w/ attached I-765...we didn't submit yet cuz there're so many lots of requirements to secure.. I don't know what to do if I will leave and just go home but I will be ban for 10 yrs. or I'll just stay here in US and we will just submit the form I-130, I-485, I-765, G-325A, I-864 and I-693... I need advice, suggestions, and opinions that will guide me what to do please...

Back up... You had a B2 visa. Canadian citizens do not get B2 visitor visas because of the WHTI rules. The only time a Canadian needs a B2 is if they are naturalized citizens of Canada or are Canadian PRs.

Were you born in another country and you are a naturalized Canadian Citizen? or are you a Canadian permanent resident?

Regardless of what citizenship you have and how you got it. You have a huge overstay. Do NOT under any circumstances leave the US until you have your green card in your hands. If you leave you will have a ban to the US. You will then have to file for a waiver. That can take a long time. In the mean time, you're stuck in Canada, and it sounds like you do not have any ties to Canada anymore.

File for your Adjustment of Status immediately.

[lory999 0]

They don't normally stamp Canadian passports. Are you naturalized or did they question you or give you a warning?

I don't really understand, all I know If you go to a different country w/ a visa its like normal that you have to present your valid passport and your visa and the custom will stamp it that you arrive in that country, its either way if you will dapart too... its just a proof in your passport to prove that you visited in that country... as my case yes I am naturalized, I used to have a 10 years (multiple entry) issued to me before by US immigration. the first time i visited US yes they ask me what am I'm gonna do in US and I just answered I will go to Nashville, TN for a vacation.. thats it and they said enjoy your trip.. that was 2009 in toronto itself there US custom... the second time i came back 2010 its in portland, OR and the US custom immigration officer didn't ask me at all anymore but he just stamp my passport that day I arrive which is B2 but doesn't have any date until when cuz that is the first time i remember they photograped me and took my fingerprint. There is no warning at all, i arrived in portland, OR without any hussle or issues at all...

[lory999 0]

Back up... You had a B2 visa. Canadian citizens do not get B2 visitor visas because of the WHTI rules. The only time a Canadian needs a B2 is if they are naturalized citizens of Canada or are Canadian PRs.

Were you born in another country and you are a naturalized Canadian Citizen? or are you a Canadian permanent resident?

Regardless of what citizenship you have and how you got it. You have a huge overstay. Do NOT under any circumstances leave the US until you have your green card in your hands. If you leave you will have a ban to the US. You will then have to file for a waiver. That can take a long time. In the mean time, you're stuck in Canada, and it sounds like you do not have any ties to Canada anymore.

File for your Adjustment of Status immediately.

Yes, I think thats how it is. I am not a canadian born citizen, I got it thru PR then naturalized. And I really thank you for giving me your strong advice to not leave... I was kinda lost hope already and thats why i have a ticket to fly back to canada, I already packed my stuff and ready for this coming saturday but i don't know why something telling my gut to just go to internet and just research about overstaying in US and I didn't expect that I will really facing a serious consequences... and thru this I spoke to my husband and yes I will stay and patiently wait one at a time secure all the necessary documents we needed to submit my application someday. Thank you so much again! Have a wonderful day.

[ValerieA 350]

Back up... You had a B2 visa. Canadian citizens do not get B2 visitor visas because of the WHTI rules. The only time a Canadian needs a B2 is if they are naturalized citizens of Canada or are Canadian PRs.

Were you born in another country and you are a naturalized Canadian Citizen? or are you a Canadian permanent resident?

Regardless of what citizenship you have and how you got it. You have a huge overstay. Do NOT under any circumstances leave the US until you have your green card in your hands. If you leave you will have a ban to the US. You will then have to file for a waiver. That can take a long time. In the mean time, you're stuck in Canada, and it sounds like you do not have any ties to Canada anymore.

File for your Adjustment of Status immediately.

Canadians are automatically given a B2 when entering the US, unless they already have another approved visa. Even if their passport is not stamped, it is as a B2 visa holder they are admitted.

[sulhaq 59]

Interesting theory, but truthfully I have not seen one person report being asked about intent during an AOS interview in the 2 years I've been on this board. Not once.

Never hurts to be prepared.Didn't intend to misinform anyone. Just wanted the OP to be aware of her situation, which I'm sure she already is now. In any case, does it really not matter if someone enters this Country and overstays by years on end and then simply adjusts status? If it's really that simple then I apologize, but I'd imagine it has to account for something if you entered on a temporary visa, never adjusted and then illegally stayed for years on end.

Edited April 17, 2012 by sulhaq

[sheeshkabelle 153]

Canadians are automatically given a B2 when entering the US, unless they already have another approved visa. Even if their passport is not stamped, it is as a B2 visa holder they are admitted.

They do not get B2 visa stamps in their passport. They might get stamp on arrival or departure but they do not get a B2 visa at all. People confuse Canada with a VWP country. They are NOT a VWP country. They come under Western Hemisphere Travel Initiative, which is totally different.

Only PR or naturalized citizens of Canada get an actual, honest to God, B2 visa in their passport.

[sheeshkabelle 153]

The Western Hemisphere Travel Initiative (WHTI) requires all travelers to and from the Americas, the Caribbean, and Bermuda to have a passport or other accepted document that establishes the bearer’s identity and nationality to enter or re-enter the United States (U.S.)

Canadian citizens do not require visitor, business, transit or other visas to enter the United States, either from Canada or from other countries.

However, some exceptions exist:

treaty traders (requires E Visa)

foreign citizen fiancé(e)s (K-1 Visa), as well as the fiancé(e)'s children (K-2 Visa)

a U.S. citizen's foreign citizen spouse traveling to reside in the U.S. while awaiting final completion of the process of immigration (K-3 Visa), as well as the spouse's children (K-4 Visa)

spouses of lawful permanent residents (V-1 Visas), as well as the spouse's children who are traveling to reside in the U.S. while awaiting final completion of the process of immigration (V-2 Visas)

non-immigrants travelling to the United States for work (Non-Immigrant Visas), including:

foreign government officials (A Visas), if entering the U.S. for temporary or permanent assignment

officials and employees of international organizations (G Visas), if entering the U.S. for temporary or permanent assignment

NATO officials, representatives, and employees, only if they are being assigned to the U.S. (as opposed to an official trip)

Additionally, Canadians with any sort of criminal record, including drunk driving, should review this page regarding Criminal Ineligibility.

If you believe you fall under one of these categories, you will need to apply for a visa.

[Harpa Timsah 13,258]

I think Valerie was trying to say that Canadians enter under the terms of a B2 visa without ever having to apply for one (6 months stay per trip, they do not waive their rights to appeal immigration decisions in the US, etc). That is true. However, it seems the OP is a naturalized citizen and has a physical B2 in her passport that she acquired at the US Embassy.

[VanessaTony 3,567]

They do not get B2 visa stamps in their passport. They might get stamp on arrival or departure but they do not get a B2 visa at all. People confuse Canada with a VWP country. They are NOT a VWP country. They come under Western Hemisphere Travel Initiative, which is totally different.

Only PR or naturalized citizens of Canada get an actual, honest to God, B2 visa in their passport.

True, but people who enter on the WHTI are essentially granted automatic B2 visas. This doesn't mean they get a stamp, it's just what the WHTI "gives" them and that's how they're treated. I'm trying to find the link I had AGES ago that states this but Google keeps changing WHTI to "with" The link was something about how Canadian's didn't have issues when all those who entered on the VWP were having issues. People were saying that the Canadian entry was similar so they would have similar issues AOSing if they'd overstayed... it was later found that no, Canadian entrants were the same as B2 visa holders and so didn't have an issue AOSing from an overstayed Canadian entry.

Edited April 17, 2012 by Vanessa&Tony

[ValerieA 350]

I think Valerie was trying to say that Canadians enter under the terms of a B2 visa without ever having to apply for one (6 months stay per trip, they do not waive their rights to appeal immigration decisions in the US, etc). That is true. However, it seems the OP is a naturalized citizen and has a physical B2 in her passport that she acquired at the US Embassy.

That is exactly what I was trying to say. We are admitted under a de facto B2 (if they actually do stamp your passport and write on it, they write B-2) and we are definitely not a VWP country. We just don't actually have to apply for the B-2 in advance.

ETA: I just checked my (Canadian citizen) passport and every US stamp has either B-2 or ARC written on it. Can't remember what ARC stands for, although I did know that, back in the day.

Edited April 17, 2012 by ValerieA

[yachachiq12 43]

Never hurts to be prepared.Didn't intend to misinform anyone. Just wanted the OP to be aware of her situation, which I'm sure she already is now. In any case, does it really not matter if someone enters this Country and overstays by years on end and then simply adjusts status? If it's really that simple then I apologize, but I'd imagine it has to account for something if you entered on a temporary visa, never adjusted and then illegally stayed for years on end.

Overstay -- no matter how long -- is forgiven for spouses of USCs. That is, as long as the immigrant entered the US with inspection. Illegal border crossings are not subject to the same policy, though this does not apply to the OP.