Over stayed visit to the US

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NaterNew Member
Topic author
Posts: 1
Joined: 16 Mar 2010

Over stayed visit to the US

Post Tue Mar 16, 2010 3:33 pm

I got denied entry to the US because I had unknowingly overstayed my
visit. I entered in May 2009 and left in Feb of 2010. I am canadian. When
questioned I came clean and told the official I had returned to Canada to
sort out a TN visa. I also admitted to helping my cousin who owns and operates a company in Florida. I was told that because I had been truthful
I would not be banned but that I shouldn't try re-entering the US for a
period of at least 8 months. At which time in order to gain admission, I
would have to show that I had ties to Canada (job/address/etc) and that
I was there to visit (ie return ticket) etc. I was also told that the next time I showed up it shouldn't be to apply for a TN visa.
Is there no way to sort this out without having to wait a year or two? I
have a job waiting for me in US. I know I broke the rules but I left
voluntarily and even though I was made to sign a statement, it was
written in a suprisingly favourable light. Is there anything I can do to fix this?
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agnelsonCanuckAbroad VIP
Posts: 2869
Topics: 1
Joined: 26 Aug 2009

Re: Over stayed visit to the US

Post Tue Mar 16, 2010 6:57 pm

yeah. Wait a year and try again.
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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Jenny#9New Member
Posts: 4
Joined: 25 Apr 2010

Re: Over stayed visit to the US

Post Sun Apr 25, 2010 6:36 pm

Hi Everyone,

Hope someone can advise/help me out best they can. Please bear with me as I REALLY am S.O.L and don't know what to do.

Here's the situation:

I am a Canadian citizen. Employed full time in Canada but on approved leave of absence from my job due to medical reasons.

My boyfriend is a Green Card holder and has completed about 85% of his Citizenship application back in 2007?

I've been coming and going into the US for the past 2 years and was recently stopped upon re-entry in March. Since I was moving to another apartment, I posted ads on craigslist to sell all my stuff and all my emails were forwarded to my Blackberry. (funny) All my mail was being forwarded to a friend and I had them in my purse. (funny) My suitcase was heavy (funny) with lots of goodies to bring back to my boyfriend as we're living together and intend on getting married.

ANYWAY...the USCBP officer (I was travelling by land) stopped me, searched all my stuff including my purse and I was denied entry. I was also told that I needed to provide 3 months proof of ties to Canada ( all of which I had ON me at the time, but lied about because I had a legal change of name in Canada but no document to support this and my passport did not reflect the change of name- so I said nothing or fudged that the info was my sisters (stupid, I know but I was caught off guard and didn't want my documents to be confiscated - can they hold my documents?)...I was fingerprinted/hand-cuffed and escorted back to the Canadian border.

I was intending on returning to the US border and presenting all the supporting documents to show change of name as well as the other proof of ties requested. I now live with my family so I don't have a lease agreement.

Question 1: > If I try flying, should I just give my passport and shut up unless they ask me about the rejection or am I supposed to LAWFULLY present this rejection and provide the docs?

Question 2: > Is there visa my boyfriend and I can apply for BEFORE I attempt to re-enter as we plan on getting married if I make it back to the US.

Question 3: > I was going to try to re-enter and if I get through just get married right away, but then would I still be overstaying while the paper work for my boyfriend to get his Citizenship gets processed?

And lastly...

Question 4: > Can my boyfriend just continue where he left off with his Citizenship application back in 2007 or have the rules changed and he has to start over again?

Again I apoligize as it is lengthy but appreciate any response. Thanks.
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agnelsonCanuckAbroad VIP
Posts: 2869
Topics: 1
Joined: 26 Aug 2009

Re: Over stayed visit to the US

Post Mon Apr 26, 2010 4:20 am

For you to have any hope of going back to US, he needs to get his citizenship, he then needs to aplly for a K visa for you with the intention of marrying you, and you need to stop lying to border oficials.
(not so funny)
let's see if he thinks you are worth it.
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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Jenny#9New Member
Posts: 4
Joined: 25 Apr 2010

Re: Over stayed visit to the US

Post Mon Apr 26, 2010 8:40 am

Thank you for the reply. I really panicked and messed up. Partly due to "misinformation" about what you are SUPPOSED to tell border officers - I was previously told that you never tell them you have a boyfriend in the US or they will turn you back. I was also told that you can stay up to 1 yr in the US as a Canadian and not have ANY problems - now I know this is all wrong and I should not have lied in the first place - no excuses. This site has been so useful, wish I had found it BEFORE all of this.
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