My boyfriend is from Barbados and went to USA in 2013 on a B-1 visitors visa, he is still there, overstayed
He has been in the USA over 4 years, working. He paid no taxes except some was taken off his cheque for 6 months. He has a ETA for Canada and he is worried when he goes to the airport if he will be deported back to Barbados. What should he do?
Best Answer
As I understand it.
The US will not stop him leaving, but if he leaves the US he will get a 10 year ban. If he lies about his overstay to try and evade said ban then that is grounds for a permanent ban.
As for Canada if they find out about his overstay they may well determine him to be at risk of overstaying in Canada at which point he is likely to end up being sent back to Barbados.
If you are a US citizen then you have the option of marrying him. He would then be able to apply for adjustment of status to lawful permanent resident. This is one of the few cases where someone who is not legally present can get adjustment of status.
Otherwise I don't really think he has any good options. It looks like he is probably stuck with a choice of remaining in the US as an illegal immigrant or returning to Barbados and not setting foot in the US again for at least a decade.
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What is the penalty for overstaying in U.S. on a visa?
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 I overstay my b1 visa?
If you overstay by 180 days or more (but less than one year), after you depart the U.S. you will be barred from reentering for three years. If you overstay by one year or more, after you depart the U.S., you will be barred from reentering the U.S. for ten years.How does the US know if you overstay your visa?
Travel Records It's pretty easy for foreigners in the U.S. to know if they've overstayed their visas. All they need to do is look at their I-94 arrival and departure cards, which clearly state how long they can stay.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 a Visa Overstay? Consequences and Solutions to Over staying a Visa
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