Canadian citizen overstayed in the US by 10 days 6 years ago
I'm a Canadian and overstayed in the US by 10 days (my departure was delayed because of issues getting a new passport) 6 years ago. I departed the US voluntarily, by plane. The border official didn't scan my passport at the airport. I'm now considering a 2-month holiday in California. Could there be any issues?
Best Answer
You did not trigger an automatic ban. The automatic ban is triggered by more than 180 days of "unlawful presence" (8 USC 1182(a)(9)(B)), and you accrued no more than 10 days of unlawful presence.
Furthermore, you did not accrue any unlawful presence unless you were given an I-94 form specifying a date of departure. If you entered the US by land, you probably did not receive an I-94 form.
The main issue you might have is that your previous overstay could lead a US officer to deny entry, for example because of a conclusion that you can't be trusted to comply with the terms of admission.
Your presence in the US for greater than 183 days may also have made you a resident for the purpose of US tax law, in which case you might have some tax liability issues to sort out. It is, however, unlikely that the US has enough information about this for a CBP officer to be aware of it.
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What happens if a Canadian overstay in the US?
They can be barred from returning to the U.S. for three years, and those who overstay for longer than a year face a 10-year ban. For more information, visit the U.S. Customs and Border Protection website. A criminal record will prevent you from entering the USA or obtaining your USA immigration status.Can I come back to the US if I overstayed?
Overstays & Unlawful Presence If you enter the United States with a valid visa (for example, a tourist or student visa) and overstay by less than 180 days, your visa will be considered void and you'll need to get a new visa in your home country if you want to come back to the United States.What is the penalty for overstaying in USA?
a. The Three Year Bar: Persons who overstay in USA for more than 180 days but less than one year after their authorized period of stay has expired, and who leave the U.S. prior to the institution of removal proceedings, are barred from reentering the U.S. for three years from their date of departure.What to do if you have overstayed your visa in USA?
You can apply to become a green card holder from inside the United States (known as an adjustment of status) or abroad (through consular processing). As discussed earlier, if you have any unlawful status and leave the United States, you will have to get a new visa, and you will face a bar upon your return.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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Answer 2
Since the overstay occurred six years ago, and CBP I-94 electronic records are available for the past 5 years, you may have to file a Freedom of Information request to know whether there is an issue.
You might first check your I-94 Arrival/Departure Record for your travel history. With luck, the earlier visit and departure may still be included in the results, and reassure you that an upcoming entry would be uneventful.
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