Husband sstayed in US too long

All questions and topics related to US work visas, immigration, etc should be posted here.

Moderator: visaplace.com

audballNew Member
Topic author
Posts: 1
Joined: 14 Apr 2010

Husband sstayed in US too long

Post Wed Apr 14, 2010 6:45 pm

This is about my husband

He's a Canadian citizen. He went to the US in May of 2008 and was refused entry for not having ties to canada. He got a job, etc and then went back in June of 2008. He was admitted and given an I-94 stapled into his passport telling him to leave by August 10, 2008.

He overstayed and did not leave until February 9, 2009 as his girlfriend at the time was american with cystic fibrosis and he did not want to leave her, he left when she passed away.

There's nothing in his passport about leaving or overstaying and he was never deported. he left willingly and was never informed of a ban.

Now, he and I got married in January. I'm American and we've applied for my permanent residency in Canada. If I have to go to an interview, it will be in America and he'd like to come with me. But he's worried he won't be allowed into the country.

It will have been16-18 months since he returned. And he has a lease, job, wife near the end of the PR process, a bunny, etc.

Will he be allowed to enter or is he going to be banned from entering? I heard that Canadians can't be banned from the US though....

Thoughts? Worth the cost of a plane ticket?
Top
agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: Husband sstayed in US too long

Post Thu Apr 15, 2010 8:25 am

If he overtstayed by 180 days he would be banned. he needs to obtain proof that he left US before Aug 10 2008 + 180 days. This would be done -- as instructed on his I-94 -- by handing back the I-94 to a CDn agent as he re-entered Canada.
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
Top
MC

Re: Husband sstayed in US too long

Post Tue Apr 27, 2010 10:04 pm

He overstayed less than a year but 180 days or more so a 3-year bar would apply. The bar would attach to him when he departed on February 9, 2009.

You heard wrong, Canadians can and have been barred for overstaying among other violations.

If he cannot prove he departed before the expiration on the I-94, he may require legal guidance to address the bar and become re-admissible.
Top

Did you enjoy this post? Share it!

 
  • Related topics
    Replies
    Views
    Last post