B2 Visa Overstayed in US need HELP!!! URGENT

[ValerieA 350]

Yes, I have a ticket to fly back to canada this coming saturday April 21st, 2012 but because I found this awesome Helpful site now I am relieved and I decided not to use that ticket anymore. Thank you for the advice!

You should be able to cancel the flight and get credit with that airline that you can use later.

[lory999 0]

You should probably start your own thread with this...but, you do not have to pay the fee for the I-765 as long as you file it with the rest of the package. Also, you have to show that the US citizen has enough income to qualify as your sponsor, or else you need to get a joint sponsor. The guide is here.

I'm sorry if i ask directly I am just kinda curious and getting to know how to use this site well but I thank you for the inputs and knowledge you've shared to all of us here who needs help! I really appreciate it!

[lory999 0]

You should be able to cancel the flight and get credit with that airline that you can use later.

Hmmm, I really wasn't thinking about my ticket since It is not refundable but since you brought that up and gives me the idea then I will call them. I am very happy to find all the people here are so kind and helpful...Thank you very much! May God Bless you.

[Krikit 1,163]

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.

You may be referring to the fact that Canadians admitted without an I-94 or visa are treated as duration of status and do not start accumulating unlawful presence until an Immigration Judge makes their ruling. Link

Since the OP received a stamp in their passport they did start accruing overstay days and are subject to the bar.

[lory999 0]

It's basically the same, but you have to leave the US to trigger the ban, so as long as the OP does not leave the country before receiving his/her green card, everything is fine.

Thank you very much for all the strong advice, and because I know that all of you here who commented has some knowledge about my situation, I already decided not to leave US... I can't afford to see myself being ban for 10 yrs. and I can't even enjoy visit america with my children taking them to see Disneyland someday If I choose to leave the country. I promise and do my very best to secure all the required documents and submit it asap.

Thank you very much for all the strong advice, and because I know that all of you here who commented has some knowledge about my situation, I already decided not to leave US... I can't afford to see myself being ban for 10 yrs. and I can't even enjoy visit america with my children taking them to see Disneyland someday If I choose to leave the country. I promise and do my very best to secure all the required documents and submit it asap.

Oh may I know what is OP means? Thanks.

[lory999 0]

ARC means "alien registration card", i.e., you don't have an expiration date of your stay because you were an LPR.

Hi, what is LPR? Sorry I'm just starting to learn all the abbreviations here. thanks.

[alizon 77]

Oh may I know what is OP means? Thanks.

HeatDeath answered this one:

"OP" means "Original Poster", i.e. the person who started the thread. It's used conversationally to direct a comment directly and specifically at the person who started the thread, as opposed to any subsequent contributor.

Hi, what is LPR? Sorry I'm just starting to learn all the abbreviations here. thanks.

LPR is "lawful permanent resident."

[grrrrreat 109]

You may be referring to the fact that Canadians admitted without an I-94 or visa are treated as duration of status and do not start accumulating unlawful presence until an Immigration Judge makes their ruling. Link

Since the OP received a stamp in their passport they did start accruing overstay days and are subject to the bar.

Very interesting! A little perk for Canadians. In addition to the exception you're noting, there's also an exception for Canadians who enter without being admitted or inspected, who start accumulating unlawful presence immediately.

[grrrrreat 109]

HeatDeath answered this one:

LPR is "lawful permanent resident."

Which is otherwise known as getting your "Green Card", which means you can stay, travel to, and work in the U.S. without limitation (as long as you don't do something to make you deportable). In your case, LPR is your ultimate goal. You need to "adjust your status" to LPR based on your relationship to your spouse. Once you're adjusted and your Green Card is in hand, you can travel in and out of the U.S., work legally, and stay in the U.S. indefinitely. After three years of being in LPR status and being married to a US citizen, you can apply for naturalization, if you want.

[lory999 0]

HeatDeath answered this one:

LPR is "lawful permanent resident."

Thanks you

[jaycali 415]

As others have said:

DON'T LEAVE. If you do you won't be back for 10 years. Stay and you can legally adjust status.

The airline probably won't give you a full refund, but you should get some credit towards a future flight.

[ValerieA 350]

You may be referring to the fact that Canadians admitted without an I-94 or visa are treated as duration of status and do not start accumulating unlawful presence until an Immigration Judge makes their ruling. Link

Since the OP received a stamp in their passport they did start accruing overstay days and are subject to the bar.

Wow, Krikit, thanks! You really do learn something new here every day. I am confused, though - what is the duration of status for a Canadian tourist? To me, that implies that a Canadian is allowed to stay as long as they are a tourist. Obviously, I have the meaning of duration of status wrong.

[lory999 0]

As others have said:

DON'T LEAVE. If you do you won't be back for 10 years. Stay and you can legally adjust status.

The airline probably won't give you a full refund, but you should get some credit towards a future flight.

Thank you for the strong advice! and Yes, I decided not to go. and thank you for the idea about my ticket and yes, i'll call them and work w/ them whatever credits they gonna give me.

[FinallyDone:) 10]

i agree with everyone whom is saying dont leave. its too risky. just file and try and get the i-131 approved so you can travel. i would lose my mind if my husband got banned for 2 years and i imagine your spouse would feeel the same. good luck with whatever you decide

[Harpa Timsah 13,258]

i agree with everyone whom is saying dont leave. its too risky. just file and try and get the i-131 approved so you can travel. i would lose my mind if my husband got banned for 2 years and i imagine your spouse would feeel the same. good luck with whatever you decide

The OP cannot travel on I-131. SHe has overstayed too long. She needs a GC to be able to travel. AP does not overcome a ban.