B2 Visa Overstayed in US need HELP!!! URGENT

[grrrrreat 109]

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.

It's six months for Canadians, unless they give you another amount at port of entry.

[jdh 103]

It is "supposed to be" six months.

Given the fact that Canadians are not given I-94's typically or any other stamp of any kind that becomes hard to track, and I think that's what somebody was getting at a few posts back. They don't scan your passport on departure from the US and you have nothing to turn in...you could be here 6 days or 2 years and they wouldn't have a way to determine it...

So the only way they could catch the overstay is on asjustment of status or applying for some benefit...once they do they would make a ruling and the unlawful presence would start from that point...

That's my understanding of it anyway...I'm no expert of course.

Edited April 18, 2012 by jdh

[Harpa Timsah 13,258]

I don't think so. There was just a person posting on this board today that overstayed, went back to Canada, and tried to reenter. S/he was denied at the border and given a 10 years bar. Now s/he has to file a 212 waiver. They do have ways of knowing how long a person is in the US. Furthermore, a judge did not determine that s/he had a ban, but rather a CBP agent. They don't scan your passport upon leaving? How are you allowed to enter Canada? Don't you need to show a passport to get in? Don't you think Canada and US share border info? If leaving by plane, they go off of the flight manifests.

Edit: Here is a link to the topic I was referring to. http://www.visajourney.com/forums/topic/363400-overstay-less-than-a-year-no-waiver/

Edited April 18, 2012 by Harpa Timsah

[grrrrreat 109]

I don't think so. There was just a person posting on this board today that overstayed, went back to Canada, and tried to reenter. S/he was denied at the border and given a 10 years bar. Now s/he has to file a 212 waiver. They do have ways of knowing how long a person is in the US. Furthermore, a judge did not determine that s/he had a ban, but rather a CBP agent. They don't scan your passport upon leaving? How are you allowed to enter Canada? Don't you need to show a passport to get in? Don't you think Canada and US share border info? If leaving by plane, they go off of the flight manifests.

Edit: Here is a link to the topic I was referring to. http://www.visajourney.com/forums/topic/363400-overstay-less-than-a-year-no-waiver/

That person may have been confused, because they said they got a 5 year ban, but the ban for overstaying is either 3 or 10 years.

[jdh 103]

No, Harpa, they do not scan our passports on entry to Canada. In fact you don't even need to use a passport...they commonly allow you to enter Canada without showing any id at all when you say you are Canadian. I grew up on border towns so I can speak from experience on that. The US are the only ones who ever asked for my ID, and that didn't start happening until 9/11....

Of course they can track it if you have a visa and maybe if you fly or something like that, but for many folks they would have no way of being able to track when you leave the US to go back to Canada.

Edited April 18, 2012 by jdh

[ValerieA 350]

No, Harpa, they do not scan our passports on entry to Canada. In fact you don't even need to use a passport...they commonly allow you to enter Canada without showing any id at all when you say you are Canadian. I grew up on border towns so I can speak from experience on that. The US are the only ones who ever asked for my ID, and that didn't start happening until 9/11....

Of course they can track it if you have a visa and maybe if you fly or something like that, but for many folks they would have no way of being able to track when you leave the US to go back to Canada.

Strange, how we all have different experiences. After moving to Ontario in 2003, I was asked every single time for ID when I crossed back into Canada after a trip into the US. Of course, one time I got grilled because I "didn't have a Saskatchewan accent".

[jdh 103]

Strange, how we all have different experiences. After moving to Ontario in 2003, I was asked every single time for ID when I crossed back into Canada after a trip into the US. Of course, one time I got grilled because I "didn't have a Saskatchewan accent".

Strange indeed. My experience comes mostly from East coast and hundreds of crossings...Never once ID'd on the Canada side..actually, last year at a new border crossing in St. stephen I may have been asked to see the ID, but I can't remember for sure on that one even.

In addition, my wife being from the US was only asked to show her paper like twice...

Did they ask for your passport, or just ID? If it was just plain ID than that still wouldn't be used for tracking...Just for verifying where you live.

Edited April 19, 2012 by jdh

[jdh 103]

As to the poster on the other thread that was linked, it looks like what actually happened is he got a ban because he admitted in secondary that he was planning to immigrate and also that he had overstayed - they did not know about the overstay until he told them.

[ValerieA 350]

They asked for ID, it is expected at the crossings there. Probably just because of the high volume. I showed birth certificate until I got my passport because I was flying into the States.

[jdh 103]

They asked for ID, it is expected at the crossings there. Probably just because of the high volume. I showed birth certificate until I got my passport because I was flying into the States.

Yah, that's what I figured. It is for verification of residence not for tracking...just some kind of ID to prove you are from where you say.

[grrrrreat 109]

I don't think so. There was just a person posting on this board today that overstayed, went back to Canada, and tried to reenter. S/he was denied at the border and given a 10 years bar. Now s/he has to file a 212 waiver. They do have ways of knowing how long a person is in the US. Furthermore, a judge did not determine that s/he had a ban, but rather a CBP agent. They don't scan your passport upon leaving? How are you allowed to enter Canada? Don't you need to show a passport to get in? Don't you think Canada and US share border info? If leaving by plane, they go off of the flight manifests.

Edit: Here is a link to the topic I was referring to. http://www.visajourney.com/forums/topic/363400-overstay-less-than-a-year-no-waiver/

Also, they wouldn't just have to share entry/exit data with Canada, but with every other country that a Canadian could depart to after leaving the U.S., by boat or foot or car or however. I doubt they are likely to do that.

[JimVaPhuong 4,863]

Strange indeed. My experience comes mostly from East coast and hundreds of crossings...Never once ID'd on the Canada side..actually, last year at a new border crossing in St. stephen I may have been asked to see the ID, but I can't remember for sure on that one even.

In addition, my wife being from the US was only asked to show her paper like twice...

Did they ask for your passport, or just ID? If it was just plain ID than that still wouldn't be used for tracking...Just for verifying where you live.

WHTI document requirements went into effect for air travel in 2007. They went into effect for land and sea travel in 2009. A passport, enhanced drivers license, enhanced ID card, or Nexus card are now needed to enter the US. The enhanced drivers license and ID cards indicate both identity and citizenship.

[Krikit 1,163]

Furthermore, a judge did not determine that s/he had a ban, but rather a CBP agent.

Just as a note to the above.... the immigration officers (CBP) also have the authority to make the ruling.

[jdh 103]

WHTI document requirements went into effect for air travel in 2007. They went into effect for land and sea travel in 2009. A passport, enhanced drivers license, enhanced ID card, or Nexus card are now needed to enter the US. The enhanced drivers license and ID cards indicate both identity and citizenship.

I fail to see how that is relevant to what we are discussing...We are not talking about entry to the US we are talking about entry to Canada upon leaving the US, which has nothing to do with CBP or their rules on the US side.

Edited April 20, 2012 by jdh