Canadian overstay in USA [closed]

I wonder if someone can help me with this rather complicated situation.

My son is 17 and is deemed a minor. He has spent probably 9 months of the last year training as an athlete in the USA with the understanding that his coach would apply for an athlete's visa. At this point it looks like that promise is no longer going to happen.

He has overstayed by less than 180 days. A major sporting event that he wishes to compete in occurs after the 180 days overstay. After that he would return home and reapply for health coverage in Canada. I cautioned that overstaying longer than 180 days could lead to a 3 year ban, but after further research I discovered that minors are exempt from this punishment?

I am trying to determine the best course of action. If I should bring him home now and miss the sporting event or let him stay and risk a greater punishment. Any clarity on the rules would be much appreciated.

Best Answer

He does not accrue "unlawful presence" for the purposes of the 3/10-year bans under INA 212(a)(9)(B) while he is under 18. He will start accruing "unlawful presence" the day he turns 18. If he leaves more than 180 days after that, he will have a 3-year ban.

But not having a ban doesn't mean they will let him in in the future. The immigration officer at a future entry can deny him entry as a nonimmigrant for anything that the officer doesn't like about the person's situation, including any past overstays.

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What happens if a Canadian overstay in USA?

There are penalties for those caught overstaying their visit. 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.

What happens if a Canadian stays in the USA longer than 6 months?

The Internal Revenue Service (IRS) has guidelines in place that Canadians must comply with. If you do stay for an extended period, you may have to file tax forms to the IRS, beyond six months. You can determine your liability to taxation through the substantial presence test.

Can I enter US after overstay?

Immigration is very strict in its interpretation and application of this provision \u2013 overstaying by even a day will void your existing visa. A foreign national who has overstayed a visa may not be readmitted unless they have obtained a new nonimmigrant visa in their country of nationality.

Can Canadians stay longer in the US?

Canadian citizens (and permanent residents) can apply to extend their stays in the U.S. by preparing and filing a Form I-539 with U.S. Citizenship and Immigration Services, along with any required supporting documentation.

What is a Visa Overstay? Consequences and Solutions to Over staying a Visa

Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

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