Clear facts about overstay

I have been reading many posts and consulting other forums even to find out about what happens to Canadians citizens who overstay in the USA. I don't understand all these TN, POE, B1, B2.

It is not at all clear what are the laws, and what should one do about overstay. So can someone help clarify all this?

Apparently, after six months of stay in the USA, there is automatic overstay. Is there an overstay in the absence of this I-94 form?

Are Canadians citizens in overstay being deported? Has this ever happened?

Is there or not a 3 year ban or a 10 year ban after overstaying in the US?

And is there a way to rectify your situation while in the USA if you are in overstay?

Is there a way to avoid detection of an overstay? People talk about exiting through land borders by car.

It seems to me that there must be lots of Canadians who stay in the USA for lengthy periods of time with no problems. If you don't take up employment, have enough funds and are not breaking any laws, where is the problem, indeed?

Thank you very much...

This is in response to your inquiry on my wall.

The laws are quite clear actually. An overstay of 180 days or more (six months) results in a 3-year bar. An overstay of a year or more generates a 10-year bar. Even if the circumstances were medical in nature, the bars would apply, no exceptions unfortunately.

Once an overstay applies, you really cannot correct your status as you have no status. The bar takes hold when you actually depart the U.S. and try to re-enter. Once a bar applies at the border, you need to address that via a non-immigrant waiver. If the waiver is not approved then you are barred for the applicable period.

If you stay physically in the U.S., then you may be subject to deportation.

As canadian tourists do not need I-94's...and as they previously did not require passports, half the time were not checked at the border, and their exits not recorded...how can their overstay list be accurate?

"Overstay of 180 days" -To clarify, are we allowed in the US for 180 days, and if you overstay (say 190 days total) then that qualifies for the 3 year ban? Just wondering. It'd be nice to compile a list of these facts as an FAQ as these questions do come up quite a lot.

As far as land borders- They scan your passport now every time you cross, and I think record your license plate number. So it's entirely possible they're now keeping a very accurate record of entries and exits.

Last time I crossed by car, they actually photocopied my passport, and put the paper in some kind of file. Very confusing, not sure why they did that, but they didn't ask me any extra questions or anything. I doubt they photocopy every passport everytime people cross over. Anyways..

Yes, 190 days past the expiry of the I-94 would trigger a 3-year bar. If they don't issue an I-94, then the alien must record this info.

For example, if someone was admitted under a B-2 for 6 months and the I-94 expires say March 31st, and one is still physically present on April 1st, then 180 days or more past March 31st would result in a 3-year bar. A year or more of overstay is a 10-year bar.

The bars are nothing new and mysterious (they have been around for years) but I have a feeling some younger people crossing are just totally unaware of what could happen if they decided to stay a little extra past their I-94 and then come across a big surprise down the road attempting to re-enter the U.S. Like I mentioned, there is nothing mysterious about the bars but a lot don't do their homework.

You are quite correct, I agree. Now, there is an excellent chance accurate entries are being recorded due to mandatory passports required at land border crossings and attention to other details.

Compare that to ten years ago when some individuals were just waved through with driver's license and birth certificate. It is kind of unclear whether or not a formal inspection took place in those kinds of scenarios.

Every time I have crossed in the last 4 years or so, they have scanned my passport but I am not down there too frequently anymore.

I overstayed by just over 6 months in 2002. I was one of those "waved through" at the border with just an id. No I-94, no Passport, nothing. It was not my intention to stay, but I was 18...and taking a break before college to travel. I was simply ignorant to the rules.

I am travelling to the us in 3 weeks...my first time since this incident.

I hope I don't have any trouble!

If they recorded your ID (Driver's License or Birth Cert.) in the INS Computer (after all, it was INS, Immigration and Naturalization Service back then) then your goose is cooked and there may not be any escape from a 3-year bar. That is the scary part. However, you can possibly overcome this via an I-192 waiver application.

If they did not record your ID, you should be just fine.

If you are really feeling scared about this, you can always cancel the trip until you have more information and are satisfied no consequences are pending and forthwith.

The thing is...how do they know that someone didnt travel in and out 100 times in a year period...sometimes being recorded, others not?

The thing is...how do they know that someone didnt travel in and out 100 times in a year period...sometimes being recorded, others not?

That's the thing - in Europe, nobody even looks at your passport when leaving. Well at least from France and UK. So exiting the US, if they don't swipe the passport again, if you just drive out through land border somehow, how would they know when you have left?

And then for people planning to re-enter and they suspect there is a bar on them, how can they find out, apart from turning up at the border and being detained and rejected? Is there a place you can call?

They do swipe your passport upon exiting the U.S. The destination country (Canada in this case) also swipes the passport upon entering the country. There is also detailed information sharing that goes on between the two countries.

They would know it is a bar as the record of entry and departure is both recorded in a huge database or U.S. Customs computer. There is no place to call, the database is enough to determine a bar or overstay. An I-94 is too incidentally.