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Hey everyone.

I'm a Canadian who overstay in the USA for 6 years.

Right now I'm in Canada and would like to know what my options if I want to go there visit my family. 

Also, i never got a stamp when I entered usa and left to Canada.

Thank you very much.

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Are you a Canadian citizen, or did you cross into the US with some sort of visa and overstayed on that?


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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3 minutes ago, Sami777 said:

Hey.

I'ma Canadian citizen and passed the border only with my passport.

Even if your passport was never stamped (Canadian passports generally are not stamped) the US is able to track exit/entry data through information submitted by airlines and Canadian authorities, and also by scanning your passport at the POE (Canada and the US share border, immigration and criminal information).

 

It's quite possible they will have a record of your overstay on the B1/B2 visa, and also quite possible that they won't.  Best bet is to be honest if questioned at the border.  An overstay as long as you did would incur the 10 year ban, I believe.

 

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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15 minutes ago, Sami777 said:

Hey.

I'ma Canadian citizen and passed the border only with my passport.

You overstayed for over a year and so have a 10 year ban, waiverable only with an immigrant petition.

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If they did not issue an I-94 (not uncommon years ago), then as a Canadian you are granted Duration of Stay (D/S) and therefore would not have a 10 year bar. However, staying that long in the US in the past is likely to raise suspicion at POE of trying to do that again.

Edit: I also suggest checking if you were issued an electronic I-94 and what it says: https://i94.cbp.dhs.gov/I94/

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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29 minutes ago, geowrian said:

If they did not issue an I-94 (not uncommon years ago), then as a Canadian you are granted Duration of Stay (D/S) and therefore would not have a 10 year bar. However, staying that long in the US in the past is likely to raise suspicion at POE of trying to do that again.

Edit: I also suggest checking if you were issued an electronic I-94 and what it says: https://i94.cbp.dhs.gov/I94/

Duration of Stay on a B1/B2 Canadian passport is 6 months in the United States.  OP stayed illegally in the US for roughly 5.5 years after that.

If POE is able to determine the OP overstayed illegally before for 5.5 years, they can get a 10 year bar from re-entering the US...it's happened to Canadians before.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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40 minutes ago, Going through said:

Duration of Stay on a B1/B2 Canadian passport is 6 months in the United States.  OP stayed illegally in the US for roughly 5.5 years after that.

If POE is able to determine the OP overstayed illegally before for 5.5 years, they can get a 10 year bar from re-entering the US...it's happened to Canadians before.

Whoops....I meant Duration of Status, not Duration of Stay (I need more coffee...).

 

Okay, let me clarify - for anybody who enters as D/S, unlawful presence does not start accruing until an immigration judge or IO determines that they are unlawfully present in the US. I'm not referring to the maximum period of an authorized stay. A Canadian who is admitted without being issued an I-94 is admitted as D/S.

 

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/2009/revision_redesign_AFM.PDF

Page 25:

(b)(1)(E)(ii): Nonimmigrants Admitted for Duration of Status (D/S):

...If an immigration judge makes a determination of nonimmigrant status violation...unlawful presence begins to accrue the day after the immigration judge's order. It must be emphasized that the accrual of of unlawful presence neither begins on the date that a status violation occurs, nor on the day on which removal proceedings are initiated. See 8 CFR 239.3.

 

(b)(1)(E)(iii): Non-controlled Nonimmigrants (e.g. Canadians B-1/B-2):

"Nonimmigrants, who are not issued an I-94, Arrival/Departure Record, are treated as nonimmigrants admitted for D/S for purposes of determining unlawful presence."

 

https://www.shusterman.com/unlawfulpresence-canadians/

"As in duration of status cases...who is found to have violated status and be removable by an Immigration Judge, or found to have violated status, by an INS officer, in the course of adjudicating a benefit, such as an extension of stay or a change of adjustment of status, is unlawfully present. The unlawful presence commences on the date when the immigration judge, or INS officer, makes the ruling, not the date the status violation began."

http://srwborderlawyers.com/blog/2012/6/26/cbp-finds-canadian-citizen-inadmissible-to-the-us-for-unlawf.html

https://www.temple.edu/isss/immigration/overstay.html

https://www.avvo.com/legal-answers/will-i-be-denied-a-k-1-visa-or-barred-from-the-u-s-982101.html

 

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 hour ago, geowrian said:

If they did not issue an I-94 (not uncommon years ago), then as a Canadian you are granted Duration of Stay (D/S) and therefore would not have a 10 year bar. However, staying that long in the US in the past is likely to raise suspicion at POE of trying to do that again.

Edit: I also suggest checking if you were issued an electronic I-94 and what it says: https://i94.cbp.dhs.gov/I94/

THIS IS TRUE! happened to me so you can message me for any questions:) but canadians without an i94 which 6  years ago  you didnt get you are admitted for D/S and therefore NO OVERSTAY ban will occur!!! the thing is, maybe the US knows you are here, maybe not, so next time you cross you could have problems and then be denied entry and if they suspect you worked here, they could deny you back in!!!

 

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1 hour ago, geowrian said:

If they did not issue an I-94 (not uncommon years ago), then as a Canadian you are granted Duration of Stay (D/S) and therefore would not have a 10 year bar. However, staying that long in the US in the past is likely to raise suspicion at POE of trying to do that again.

Edit: I also suggest checking if you were issued an electronic I-94 and what it says: https://i94.cbp.dhs.gov/I94/

I doubt she got an electronic one, they didnt issue those 6 years ago except for plane crossings. again, it will raise suspicion to get in again. but if they let you in, you are fine. but why take that chance? if it is a huge issue dont leave. if you have a way to AOS dont leave. but again, i had the issue and all was well in the end bc i was never given a i94 and actually flew thru the border and was given a D/S stamp - which after 2013 they no longer give. 

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1 hour ago, caliliving said:

maybe the US knows you are here, maybe not, so next time you cross you could have problems and then be denied entry and if they suspect you worked here, they could deny you back in!!!

caliiving brings up an interesting point.  OP, how did you support yourself for almost 6 years in the US?  Did you work, pay taxes, etc.?  These are questions that could come up at the border if you are put into secondary questioning.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

Applied for US Passport - requested Routine/ Regular Service

Oct. 27, 2017 (Day 00) - Submitted Passport Application, filed in person at Post Office

Oct. 30, 2017 (Day 03) - Online tracker shows application has been received and is under processing

Nov. 08, 2017 (Day 12) - Online tracker shows "in final stages" and projected completion time of 11/13/2017

Nov. 09, 2017 (Day 13) - Passport received in the mail.

Nov. 10, 2017 (Day 14) - Naturalization Certificate received back in the mail.

 

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