Canadian overstayed in the US without passport stamp

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DremaniCanuckAbroad VIP
Posts: 340
Joined: 10 May 2009

Re: Canadian overstayed in the US without passport stamp

Post Thu Dec 10, 2009 1:33 pm

OK.. I should have asked if there is no point in filing for the GC now that she has overstayed??..

But now I see what you're saying. I know these type of situations are forgiven but given the current state of this country and the bad shape it's in, I would think CBP would be a little rough around the edges in a situation such as this one. Or... maybe it will not affect it at all :?:
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agnelsonCanuckAbroad VIP
Posts: 3261
Topics: 1
Joined: 26 Aug 2009

Re: Canadian overstayed in the US without passport stamp

Post Thu Dec 10, 2009 2:07 pm

CBP might correctly take a fit and not let her back in.

However, CIS, which would be handling everything to do with the GC petition, would have to follow the law, which is that if entry was legal, GC wil be awarded, with possible payment of fine.

That is why it is absolutely crucial that she remain in US.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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Reba

Re: Canadian overstayed in the US without passport stamp

Post Fri Dec 11, 2009 5:13 am

if it is proven by the applicant that the marriage was spontaneous and not planned before she/he entered the US, then green card will (usually) be granted, regardless of overstay. BUT it is not advisable for the applicant to leave the country before the green card is given, otherwise they will be ineligible for re-entry based on immigrant intent.
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