On the Return to Canada

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headingbackNew Member
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On the Return to Canada

Post Fri Nov 12, 2010 8:47 pm

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agnelsonCanuckAbroad VIP
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Re: On the Return to Canada

Post Mon Nov 15, 2010 6:23 am

You need to address this before leaving US. canada doesn;t care, US cedrainly does.

You are an illegal alien. Period. You need to fix thos before leaving for any reason.
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headingbackNew Member
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Re: On the Return to Canada

Post Tue Nov 16, 2010 5:22 am

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agnelsonCanuckAbroad VIP
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Re: On the Return to Canada

Post Tue Nov 16, 2010 5:31 am

1. To clrify: you will be let into canada without any problems. Its getting back into US that will be impossible.
2. See a lawyer. You're illegal, only a lawyer can help you.
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headingbackNew Member
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Re: On the Return to Canada

Post Tue Nov 16, 2010 10:36 am

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agnelsonCanuckAbroad VIP
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Re: On the Return to Canada

Post Tue Nov 16, 2010 11:37 am

Yes, there is a difference between out-of-status and days of unlawful presence.
Staying past the date that you have been ordered to leave (either by USCIS decision, or date on I-94) starts clock ticking on the automatic, statutory bars that are currently in place. This is an overstay.

Merely staying in the country without status does not trigger these automatic bars. However, your decision to remain in US out of status does subject to denied entry the next time you try to return to US -- on the basis of risk of overstay.

Also, any voilation of your visitor status, would make your presence unlawful.

Your lawyer will explain this more fully to you.
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headingbackNew Member
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Re: On the Return to Canada

Post Wed Nov 17, 2010 7:34 am

agnelson wrote:Your lawyer will explain this more fully to you.


Thanks, but I don't plan on wasting money on lawyer.
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agnelsonCanuckAbroad VIP
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Re: On the Return to Canada

Post Wed Nov 17, 2010 7:40 am

If they find out, fine, if not, then that's the way it goes.


I think you mean the other way around: "If they don't find out, fine, if they do, then that's the way it goes, I won't be heading back to US anytime soon.

You were the one asking the question about working something out with USCIS: I would think that would have to be done thru a lawyer, especially if you have worked illegally and not filed taxes.

You've spent 15 years without setting foot outside US. Do you really think you will go back to canada and not want to come back in? I'd sure want to get this straightened out before leaving.

-- Wed Nov 17, 2010 9:42 am --

oh well, have fun in canada.
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flames9CanuckAbroad VIP
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Location: Managua Nicaragua

Re: On the Return to Canada

Post Wed Nov 17, 2010 8:56 am

I'm not a huge fan of lawyers, but in this case you may want to make an inquiry with one or two (see if they say the same thing!) With some you can ask for a 15-30 min window to ask questions for a flat fee!! It is best to do this BEFORE you leave! But thats all up to you.
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agnelsonCanuckAbroad VIP
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Re: On the Return to Canada

Post Wed Nov 17, 2010 11:26 am

The guy has been willing to live in US for 14 years without status, and subject to immediate removal if found out, proabably working illegally, and under-reported his income to the IRS (having forgot to file), so I'm thinking he has developed a pretty thick skin to anyone like us "sternly warning" him that he has some legal problems that need addressing.
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