3 years - 10 Years Ban

[nabdelwa 1]

Hi all,

I am hoping anyone can help me with my question.

In July 2001, i went to the US on a tourist visa. I stayed 6 months and i renewed my Visa for 6 more months. I left there April 2003 (over stayed my visa for 9 months). At the time when i went to the US, i had my visa on my Egyptian passport.

During my stay in the US, i applied for Canadian immigration. i was granted legal entry to Canada in April 2003 (when i left the US). Now i am a citizen in Canada.

I got married to a US citizen. We started CR1 visa for me. We applied for a CR1 visa using my Canadian citizenship. In the mean time, NVC requested my fingerprint from Egypt which is delaying the process (i lived in Egypt for more than 6 months after the age of 16)

i visited my wife several times and i was never denied entry to the US.

My question is: Considering that my CR1 visa was processed as a Canadian, Am i a subject to 3 or 10 years ban law? if i was asked in the interview, I will be faithful and tell them about my 9 months over stay in 2002 - 2003.

Or because I am applying through Canada (not using my Egyptian citizenship), my over stay will not be count.

Thanks all.. and sorry for the long read..

[kzielu 1,149]

The question you will have to answer will be "Did you ever overstayed your visa" not "Did you ever overstayed your visa entering as canadian".

If you lie, you can get a lifetime ban for misrepresentation. It's your choice....

[bsd058 296]

Ya, this is a tough question. I think what you're more after is whether or not you will be banned from the US for a certain time due to your overstay. I cannot answer that. Just be as honest as possible in your application process.

Your immigration and entrance records follow you as a person, not your citizenship. They might be easy on you being a Canadian, and since overstays are forgiven within the country, who knows what they'll say. I think they will ban you for a certain time. I would be ready for that.

But, I hope things turn out okay for you.