Overstaying a B-2 visa (from Canada to the US)

[northerncalirob 0]

My girlfriend arrived on Sept. 18th from Canada (2nd attempt). She tried to cross the border 2 weeks ago, on land, to New York, but she was denied, basically because the officer didn't think she was traveling with enough money for her stay and she couldn't prove ties to Canada. She was fingerprinted and sent back to Canada. She returned home and gathered documentation, i.e- her lease, rental payments, IRS tax return, bank account statement, etc. and then purchased a $700 round trip ticket to san francisco, where she arrived 7 days ago.

We were not sure how long she was going to stay, and were afraid she would be denied again, so her round trip ticket was for 10 days (18th until the 29th of sept.), although she can change the return date at any time, without payment, due to the insurance that she purchased.

So, when she arrived on the 18th, she passed customs but they told her she MUST return in 10 days. HOWEVER, the custom officer just told her 'verbally' that she must return in 10 days BUT did not stamp her passport at all, with anything. Her passport was scanned and she passed through. Are b-2 restricted visas of this short nature (10 days) able to be put on electronically without an actual stamp in the passport? And if so:

If she stays longer than 10 days, but does not stay longer than 180 days total, what would be the consequences? I know the usual scenario is if a person overstays their visa for 180 days or more there is an automatic 3 year ban, and if they overstay their visa for over a year, it is an automatic 10 year ban, so by this logic I would think if she overstayed her 10 day restricted b-2 BUT did so for less than 180 days she would receive no automatic ban, she may simply have more difficulty reentering the next time, i.e- have to tell them she overstayed, etc. and be at the mercy of the officer at hand. Is this a correct assessment, or not? Does the fact that an officer verbally told her SHE MUST EXIT IN 10 DAYS disqualify the assessment above, or does it still stand, mainly that as long as she does not stay in the us over 180 days, the staying beyond her 10 day restricted visa, would simply make it more difficult to enter again, which is not good obviously, but would not fall into the category of an automatic ban of any length?

Thank you for your reply. And please, if you have the time, please be as thorough in answering the question as possible, because i have read many threads on many forums but have not heard this exact scenario clearly answered (mostly surrounding the fact that a very short, 15 day restriction (b-2) was stamped in her passport)

Edited September 25, 2012 by northerncalirob

[Anh map 2,098]

The CBP officer's notes are in the system and will be seen the next time that the passport is scanned.

[canadian_wife 1,823]

I'd leave

It will be noted when they scan her passport and she runs the risk of not being admitted in the future since she has demonstrated a lack of consideration for US immigration laws.

If she leaves after 10 days, she may visit again in the future with little or no issues.

Good luck

[Penguin_ie 5,994]

Chances are a note was left on the computer, as the previous poster said. Ie no ban, but if she stays longer than the ten days, she may have difficulty entering next time as they don't believe she will follow the directions given.

As an aside, are you sure she has a B2 and is not just travelling under her Canadian passport, which usually does not require a visa? Is she a Canadian citizen and if so, why is she travelling on a visa? Was there issues before these two times?

[northerncalirob 0]

Chances are a note was left on the computer, as the previous poster said. Ie no ban, but if she stays longer than the ten days, she may have difficulty entering next time as they don't believe she will follow the directions given.

As an aside, are you sure she has a B2 and is not just travelling under her Canadian passport, which usually does not require a visa? Is she a Canadian citizen and if so, why is she travelling on a visa? Was there issues before these two times?

Thank you for the reply. Actually, you are right, she is not travelling under any visa (b-2 or otherwise). She is simply a Canadian citizen traveling with her passport. She never had any issues before the one mentioned two weeks ago, when trying to enter by land. The officer didn't think she was traveling with enough money and questioned how long she was staying for, with the amount of money she had. She has been in the states, earlier this year, for a total of 2 months, but never had any issues with traveling before the one in New York. She came to the states the last two times with only one-way plane tickets as well, without any issues.

Our plan as this point is for her to stay for 5 months or so (definitely within the 180 day window) and then we are both going to go back to Canada and stay there for a while, so that she can establish a residence there and obtain a job. We may stay as long as 6 months in Canada before attempting to return to the U.S. Does that sort of time frame, staying in Canada for 6 months with a job and lease, sound like a legitimate way of trying to re-establish her ties there....even though she will be over-staying this 10 day restriction right now?

[Penguin_ie 5,994]

She won;t be deported or anything, and having ties next time she tries to enter will definitely help, but she may still face problems due to having been told to only stay 10 days. If you wanted to play it safe, she could leave after ten days and then re-enter a week or two later, hoping to just be let in. But, you know, there is also a chance the CBP officer just said that and it's not in the computer at all, especially if nothing is in the passport and no paperwork was given to her.

[Teddy B 17,252]

No I-94 or no passport stamp equals no certain return date. If she was not given an I-94 and there is no stamp in her passport, then she does not have to return in 10 days. The CBP can't tell you something verbally and expect it to hold up, you must be given an I-94 for anything less than 6 months as a Canadian citizen.

My wife was denied entry once by CBP, once she got the papers needed to enter the US she was verbally told that she needs to return to Canada by the date on her return plane ticket that was 30 days later. Turns out all that was is a verbal scare tactic. We contacted an immigration attorney and she said no I-94 or passport stamp means no set return date. My wife ended up staying the full 6 months, we decided to get married and AOS, everything went fine.

If you want to make sure of this, call CBP.

Edited September 25, 2012 by Teddy B

[vroni 1]

Our plan as this point is for her to stay for 5 months or so (definitely within the 180 day window)

She can not stay 5 month with visa waiver, only 90 days. if she overstays she might not be able to enter with visa waiver again, and

will need a B-2 visa for every visit.

[vroni 1]

She can not stay 5 month with visa waiver, only 90 days. if she overstays she might not be able to enter with visa waiver again, and

will need a B-2 visa for every visit.

oh, never mind. she's canadian, so it's not the VWP. sorry, yes in theory she could stay for 180 days.

[northerncalirob 0]

She won;t be deported or anything, and having ties next time she tries to enter will definitely help, but she may still face problems due to having been told to only stay 10 days. If you wanted to play it safe, she could leave after ten days and then re-enter a week or two later, hoping to just be let in. But, you know, there is also a chance the CBP officer just said that and it's not in the computer at all, especially if nothing is in the passport and no paperwork was given to her.

Thank you for your prompt replies....it sets are minds at ease.

[northerncalirob 0]

No I-94 or no passport stamp equals no certain return date. If she was not given an I-94 and there is no stamp in her passport, then she does not have to return in 10 days. The CBP can't tell you something verbally and expect it to hold up, you must be given an I-94 for anything less than 6 months as a Canadian citizen.

My wife was denied entry once by CBP, once she got the papers needed to enter the US she was verbally told that she needs to return to Canada by the date on her return plane ticket that was 30 days later. Turns out all that was is a verbal scare tactic. We contacted an immigration attorney and she said no I-94 or passport stamp means no set return date. My wife ended up staying the full 6 months, we decided to get married and AOS, everything went fine.

If you want to make sure of this, call CBP.

Thanks for your reply. She definitely did not receive an I-94 (no forms at all) and nothing at all was stamped in her passport, just the verbal warning. In fact, it sounds pretty much like what your wife went through. We really appreciate your input.....

[Teddy B 17,252]

Thanks for your reply. She definitely did not receive an I-94 (no forms at all) and nothing at all was stamped in her passport, just the verbal warning. In fact, it sounds pretty much like what your wife went through. We really appreciate your input.....

You're welcome. CBP likes to intimidate sometimes, have fun.

[jaycali 415]

She can not stay 5 month with visa waiver, only 90 days. if she overstays she might not be able to enter with visa waiver again, andwill need a B-2 visa for every visit.

Canada is not part of the VWP - Canadian citizens can travel visa-free for up to 180 days.