Visitor visa overstay

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letsohdienNew Member
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Posts: 4
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Joined: 21 Nov 2011

Visitor visa overstay

Post Mon Nov 21, 2011 9:24 pm

The situation:

I am visiting the United States with a standard 183 day visitor visa. Come the middle of December, however, those 183 days will be up. I would really prefer not to go back to Canada right away, however, as I have holiday plans in New York. It also costs like 300 bucks to apply for an extension, too.

After that, though, I will probably be traveling to Mexico, anyway. Will U.S. Customs know that I left late if I do it through the Mexican border? I know they will if I go back through Canada, since the two countries share information, or so I'm told.

Or do the U.S. and Mexico share border info as well? Will my passport be stamped at the Mexican border?

I will only overstay if I am near to certain that I will not get caught.

Also, if I do decide to return to Canada before my visa is up, will I be allowed back in for the few weeks I should still be permitted to visit? Or do I have to wait for the next calendar year?

Any information or advice would be greatly appreciated.
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AGNCanuckAbroad VIP
Posts: 818
Joined: 21 Jun 2011

Re: Visitor visa overstay

Post Tue Nov 22, 2011 8:00 am

You will be far better off inf you leave US before your time is up. This will avoid any overstay issues.

As to if/when you will be allowed back in, each entry is judged at the time, be it from mexico or elsewhere, and having left on time will count in your favoor, while oversty will count against you.

Once you leave, you can be re-admitted for any period up to 183 days, or you can be turned back. That is ALWAYS the case, regardless of how much or how little time you've already spent. Entering US is a privilege.
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letsohdienNew Member
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Posts: 4
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Joined: 21 Nov 2011

Re: Visitor visa overstay

Post Tue Nov 22, 2011 10:17 am

Is there a Mexico loophole, though? I was planning on going to Mexico anyway.
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DremaniCanuckAbroad VIP
Posts: 340
Joined: 10 May 2009

Re: Visitor visa overstay

Post Tue Nov 22, 2011 1:56 pm

Is there a Mexico loophole, though? I was planning on going to Mexico anyway.



What you are suggesting in-terms of loopholes is impractical. You may as well hop the fence like everyone else if you do not want your departures / arrivals entered into the system.

Leave before the time expires as if you overstay even by one day and try and re-enter, you will be questioned.
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letsohdienNew Member
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Posts: 4
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Joined: 21 Nov 2011

Re: Visitor visa overstay

Post Tue Nov 22, 2011 6:41 pm

Quick question, and I bet it's already been asked too many times on this board. Are the 183 days per calendar year or at a time?
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lawsSenior Member
Posts: 110
Joined: 22 Jun 2011

Re: Visitor visa overstay

Post Tue Nov 22, 2011 7:50 pm

Please don't answer this question again. If you want to avoid following our laws, we really don't want you here.

Mexican Loophole.......are you serious? Go home.
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letsohdienNew Member
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Posts: 4
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Joined: 21 Nov 2011

Re: Visitor visa overstay

Post Tue Nov 22, 2011 8:21 pm

I am just asking because I plan to be in Mexico anyway by the start of next year. Is that so crazy?
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CalGreenCardCanuckAbroad VIP
Posts: 254
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Joined: 16 Feb 2008

Re: Visitor visa overstay

Post Tue Nov 22, 2011 9:25 pm

letsohdien wrote:I am just asking because I plan to be in Mexico anyway by the start of next year. Is that so crazy?


Yes it may be a bit crazy to expect LAWS--who as you may know is our resident CBP officer on here--to endorse a plan where you overstay and then slip out the back door via a "Mexican loophole".

Yes I think it is possible that the sharing of info between US and Mexico, assuming you leave by land across the Mexican border, is spotty at best. But if you do manage to slip under the radar, that in and of itself may be a red flag when you next try to enter the US. If questioned you will have to tell the truth. If you lie you will have dug yourself an even deeper hole if they find out the truth by some other means.
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