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View topic - Overstay - How do they know?

Overstay - How do they know?

Canadian Expats and travelers in the USA can communicate with each other here!
balboaNew Member
{ AUTHOR_TOPIC }
Posts: 6
Joined: Wed Jun 16, 2010 12:11 pm

Overstay - How do they know?

Post Wed Jun 16, 2010 12:52 pm

Hi. A friend of mine (really, she's a friend and it's not me) is a Canadian citizen and has been in the USA as a visitor for just over a year. She hasn't worked at all and has just been traveling and visiting friends and family. She recently got offered a job and needs to get a TN visa so she needs to go back to Canada to apply for it at the border. We know she's technically broken the law by being here for so long (she says they never told her she had a limit when she entered) even though she hasn't worked or done anything else illegal. Her plan is to fly up to Toronto, spend the night and fly back to the USA - stopping at the immigration to apply for a TN (sounds pretty standard from what I've read here).

So, my question is this: how would the US immigration people know that she was in the USA for so long and "overstayed"? The US doesn't have a passport check when you leave the country and she was never issued a I94 when she entered. For all they know, she was only here a week.

I look forward to hearing what people have to say. Also, I'd appreciate as much detail as possible and not "they just know" as an answer.

Thanks! :)
ontheothersideJunior Member
Posts: 11
Joined: Sun Jun 13, 2010 1:57 pm

Re: Overstay - How do they know?

Post Fri Jun 18, 2010 4:46 am

please tell your friend to be careful.

i'm not sure what the border people know. But I just stayed in the states for little over a year. I returned to canada and then tried to get back into the states 3 weeks later. They knew my date of entry AND departure. Since I overstayed 180 days, I now have a 3 year bar. Getting denied entry is one thing, but getting banned for 3 years is another ball park.

I've heard that one should depart thru the states if they overstayed...but i'm not sure about those details.

i would recommend talking to a immigration lawyer.
balboaNew Member
{ AUTHOR_TOPIC }
Posts: 6
Joined: Wed Jun 16, 2010 12:11 pm

Re: Overstay - How do they know?

Post Sat Jun 19, 2010 6:31 pm

ontheothersideJunior Member
Posts: 11
Joined: Sun Jun 13, 2010 1:57 pm

Re: Overstay - How do they know?

Post Mon Jun 21, 2010 4:53 am

sorry about the confusion. It was a typo.

1. I meant to say that I heard, one should leave thru mexico and then fly to canada from mexico.
As I said, I have no other details about this situation.

2. I entered Canada from San Fran to Toronto and I attempted to enter the states thru CBP in Toronto airport. They pulled up all of my history on my current passport. They knew all of the entries and departures I had TO and FROM the US.

Feel free to ask anymore questions....i would not want this to happened to anyone else.
balboaNew Member
{ AUTHOR_TOPIC }
Posts: 6
Joined: Wed Jun 16, 2010 12:11 pm

Re: Overstay - How do they know?

Post Tue Jun 22, 2010 8:01 pm

Thanks for the info! I think I understand how this all works now, including the "Mexico loophole". I don't really want to post it here because I don't trust who is reading, but I am going to send you a PM and will try to exchange email address so we can chat in private. Hopefully that's cool with you, if not I understand!
DechenNew Member
Posts: 9
Joined: Thu Jul 08, 2010 2:36 pm

Re: Overstay - How do they know?

Post Thu Jul 08, 2010 2:54 pm

daisycNew Member
Posts: 2
Joined: Fri Sep 10, 2010 9:30 pm

Re: Overstay - How do they know?

Post Fri Sep 10, 2010 9:46 pm

I'm asking a related question on behalf of a friend (and really, it's a friend and not me). He went over to the US from Canada about a year and a half ago at a land crossing (before passports were mandatory). He's been there ever since. He's on his way back to Canada to visit family etc, and then plans to go back to the US. So, he's overstayed the standard B2 visitor "visa" by about a year.

My question is: Do you think there will be issues when he re-enters the US? Will the US border patrol have a record of his last entry to the US (even though it was at a land crossing before passports were mandatory)? How do they know? Can they ban him or simply refuse entry?

Thanks for any help you can provide,
MC

Re: Overstay - How do they know?

Post Sun Sep 12, 2010 5:01 pm

ontheothersideJunior Member
Posts: 11
Joined: Sun Jun 13, 2010 1:57 pm

Re: Overstay - How do they know?

Post Tue Oct 05, 2010 10:55 am

does anyone know what will happen legally if you were caught walking across the canadian/us border if you were already barred?
would you go to jail? have a criminal record? or just be driven back over to canada, like what happens in mexico?
visaplace.comJunior Member
Posts: 10
Joined: Wed Sep 01, 2010 12:47 pm
Location: Toronto, ON

Re: Overstay - How do they know?

Post Wed Oct 06, 2010 2:54 pm

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