Canadian overstayed a US visit by one year what is the penality and when can he return to the US?
A Canadian was recently denied a weekend visit from Toronto to NY due to two previous overstays for about a year.
- What is the the penalty for this overstay?
- How does he correct this so the next planned weekend doesn't get denied?
Best Answer
On his previous entries when he overstayed, did he receive an I-94 (paper or electronic) upon entry? Canadian visitors are usually not given I-94s. One generally only starts accruing "unlawful presence" after staying beyond the date on the I-94. If he did not get an I-94 (as is usual for Canadian visitors), then he does not automatically accrue "unlawful presence" even if he overstays. If he has no unlawful presence, then he has no ban. (There is a 3-year or 10-year ban for accruing 180 days or 1 year, respectively, of "unlawful presence", and then departing the U.S.)
Just because he has no ban does not mean they have to let him in. It just means he is not automatically denied entry. But the immigration officer at the border always has the discretion to deny entry to a visitor, especially one who has overstayed in the past. Since he has no ban, he does not file a waiver (because there is no ban to "waive"). He can just hope that they will let him in. There is no way to guarantee him entry.
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What happens if a Canadian citizen 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 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.What is a Visa Overstay? Consequences and Solutions to Over staying a Visa
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Answer 2
The penalty for an overstay of six months to a year is a ban on entry for 3 years. The penalty for more than a year is a ban on entry for 10 years. That's why it's important to be precise about the time of overstay. I don't know how a second offence would be viewed. You can apply for a waiver of this period, but with two offences I wouldn't hold out much hope.
Your friend should probably be reconciled to staying home for a while, or if that's not possible, getting professional legal advice.
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